|
6, Plaintiff ackrowledgm and agrees that Defendant has made no representations regarding the tax
<br />oonsequenoas of any amounts received pursuant to this Agreement. Plaintiff agrees that he and he
<br />alone is liable for all taxes, if Any, which are owed by film on any amount received hereunder including
<br />Interest and penalties, Plaintiff will hold Defendant harmless from any and All claims made by federal,
<br />state, or local taxing authorities, Likewise, Plaintiff will hold Defendant harmless from any and at) lien
<br />holders of any kind, including liens for worker's compensation payments, disability payments, medical
<br />cars or medical expenses, to whom Plaintiff is Indebted. Plaintiff further acknowledges that he and not
<br />Defendant is responsible for compromising any lions related to, or arising from, this Action.
<br />Plaintiffs Initials
<br />7. plaintiff represents that, with the exception of this Action and the.government tort claim
<br />associated therewith and submitted to the City of Santa Ana, he has not filed any complaints,
<br />claims, or actions against Defendant including any of its officers, agents, directors, supervisors,
<br />employees, or representatives of Defendant with any state, federal, or local agency or coup and that
<br />he will not do so at any time hereafter as it relates to this Action and that If any agency or court ;
<br />assumes Jurisdiction of any complaint, claim, or action against Defandant`on Plaintiffs behalf, k
<br />Plaintiff will direct that agency or court to withdraw and dismiss the matter with prejudice, u
<br />S. The Parties hereto hereby agree that all rights under Section 1542 of the C_"rvll Coda of dw
<br />State of California are hereby waived. Civil Code Section 1542 provides as follows:
<br />"A general relcsse dose not extend to einlms which, the creditor does
<br />not know or suspect to exist iu his or her favor at the time of executing
<br />the release., which if known by him or bar must have materially
<br />ntlfected his or her settlement with the debtor,"
<br />9. Notwithstanding the provisions of Civil Code section 1542, each party hereby irrevocably
<br />and unconditionally releases and forever discharges each other party and each and all of Its officers,
<br />agents, directors, supervisors, employees, representatives, insurance companies, arty subsidiaries or
<br />affiliatea of said insurance companies, attorneys, successors and Assigns and all parsons acting by,
<br />through, under, or in concert with each other parry from any and all chargos, complaints, claims, and
<br />liabilities of any kind or nature whatsoever, known or unknown, suspected or unsuspected
<br />(hereinafter referred to as "claim "or "claims") which each releasing party at any time heretofere
<br />had or claimed to have or which each releasing party at any time hereafter may have or claim to
<br />have, incidental to the incident(s) which form the basis of the Action.
<br />10, klaoh person signing below represents that he has reviewed all aspects of this Agreement,
<br />that the Agreement has been carefully read and fully explained to them and that they understand
<br />every provision of this Agreement, that they understand that in agreeing to this document they
<br />are releasing each party hereby from any and ail claims they may have against each party released,
<br />that they voluntarily agree to ail the terms set forth In this Agreement, that they knowingly and
<br />willingly intend to be legally bound by the same, that they were given the Opportunity to
<br />consider the terms of this Agreement and discussed them with legal counsel, Each
<br />i.
<br />Page 2 of 4
<br />
|