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THIRD: Plaintiff acknowledges and agrees that Defendants have made no <br />representations regarding the tax consequences of any amounts received pursuant to this <br />Agreement. Plaintiff agrees that he/she and he/she alone is liable for all taxes, if any, which <br />are owed by his on any amount received hereunder including interest and penalties. Plaintiff will <br />hold Defendants harmless from any and all claims made by federal, state, or local taxing <br />authorities regarding amounts owed by Plaintiff. <br />Plaintiff will likewise hold Defendants harmless from any and all lien holders to whom <br />Plaintiff incurred medical expenses and will hold Defendants harmless for any medical <br />expenses owed by Plaintiff. <br />FOURTH: Plaintiff represents that, with the exception of this Action and the government <br />tort claim associated therewith and submitted to the City of Santa Ana, he/she has not filed <br />any complaints, claims, or actions against Defendants including any of its officers, agents, <br />directors, supervisors, employees, or representatives of Defendants with any state, federal, or local <br />agency or court and that they will not do so at any time hereafter as it relates to this Action and <br />that if any agency or court assumes jurisdiction of any complaint, claim, or action against <br />Defendants on Plaintiff s behalf, Plaintiff will direct that agency or court to withdraw and dismiss <br />the matter with prejudice. <br />FIFTH: The parties hereto hereby agree that all rights under Section 1542 of the Civil <br />Code of the State of California are hereby waived. Civil Code Section 1542 provides as follows: <br />"A general release does not extend to claims which the creditor does not know or <br />suspect to exist in his or her favor at the time of executing the release, which if known <br />by him or her must have materially affected his or her settlement with the debtor." <br />SIXTII: Notwithstanding the provisions of Civil Code section 1542, each party hereby <br />irrevocably and unconditionally releases and forever discharges each other party and each and <br />all of its officers, agents, directors, supervisors, employees, representatives, and its successors <br />and assigns and all persons acting by, through, under, or in concert with each other party from <br />any and all charges, complaints, claims, and liabilities of any kind or nature whatsoever, known or <br />unknown, suspected or unsuspected (hereinafter referred to as 'claim" or 'claims") which each <br />releasing party at any time heretofore had or claimed to have or which each releasing party at <br />any time hereafter may have or claim to have, incidental to the incident(s) which form the basis <br />of the Action. <br />SEVENTH: Each person signing below represents that he/she has reviewed all aspects of <br />this Agreement, that the Agreement has been carefully read and fully explained to them and that <br />they understand every provision of this Agreement, that they understand that in agreeing to <br />this document they are releasing each party hereby from any and all claims they may have against <br />each party released, that they voluntarily agree to all the terms set forth in this Agreement, <br />that they knowingly and willingly intend to be legally bound by the same, that they were <br />given the opportunity to consider the terms of this Agreement and had the opportunity to <br />discuss this Agreement with legal counsel. Each party hereby warrants they have the authority <br />to enter into this Agreement and bind the party for whose benefit they execute this Agreement. <br />Page 2 of 4 <br />