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4. Plaintiff acknowledges and agrees that Defendant has made no representations <br />regarding the tax consequences of any amounts received pursuant to this Agreement. Plaintiff <br />agrees that he/she and he/she alone is liable for all taxes, if any, which are owed by his/her on <br />any amount received hereunder including interest and penalties. Plaintiff will hold Defendant <br />harmless from any and all claims made by federal, state, or local taxing authorities regarding <br />amounts owed by Plaintiff. <br />5. Plaintiff will hold the City harmless from any and all lien holders of any kind, <br />including liens for medical care or medical expenses owed to private insurance companies, Medi- <br />Care or Medi-Cal, or any other medical providers, to whom Plaintiff is indebted. Plaintiff further <br />acknowledges that he/ he and not the City is responsible for compromising any liens related to, or <br />arising from, this LAJi n. <br />(Plaintiffs Initials) <br />6. Plaintiff represents that, with the exception of this Action and the government tort <br />claim associated therewith and submitted to the City of Santa Ana, he/she has not filed any <br />complaints, claims, or actions against Defendant including any of its officers, agents, directors, <br />supervisors, employees, or representatives of Defendant with any state, federal, or local agency or <br />court and that they will not do so at any time hereafter as it relates to this Action and that if any <br />agency or court assumes jurisdiction of any complaint, claim, or action against Defendant on <br />Plaintiff s behalf, Plaintiff will direct that agency or court to withdraw and dismiss the matter with <br />prejudice. <br />7. The parties hereto hereby agree that all rights under Section 1542 of the Civil Code <br />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 />8. 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 all <br />of its officers, agents, directors, supervisors, employees, representatives, and its successors and <br />assigns and all persons acting by, through, under, or in concert with each other party from any and <br />all charges, complaints, claims, and liabilities of any kind or nature whatsoever, known or unknown, <br />suspected or unsuspected (hereinafter referred to as 'claim" or 'claims") which each releasing party <br />at any time heretofore had or claimed to have or which each releasing party at any time hereafter <br />may have or claim to have, incidental to the incident(s) which form the basis of the Action. <br />9. Each person signing below represents that he/she has reviewed all aspects of this <br />Agreement, that the Agreement has been carefully read and fully explained to them and that they <br />understand every provision of this Agreement, that they understand that in agreeing to this <br />document they are releasing each party hereby from any and all claims they may have against each <br />party released, that they voluntarily agree to all the terms set forth in this Agreement, that they <br />knowingly and willingly intend to be legally bound by the same, that they were given the <br />opportunity to consider the terms of this Agreement and had the opportunity to discuss this <br />Agreement with legal counsel. Each party hereby warrants they have the authority to enter into <br />this Agreement and bind the party for whose benefit they execute this Agreement. Plaintiff <br />Rev'd 7.24.24 Page 2 of 4 <br />