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GOMEZ, ROSALIO
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GOMEZ, ROSALIO
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Last modified
10/22/2024 8:53:22 AM
Creation date
10/22/2024 8:53:20 AM
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Contracts
Company Name
GOMEZ, ROSALIO
Contract #
N-2024-356
Agency
City Attorney's Office
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6. Gomez agrees that this Agreement constitutes full and complete settlement of all claims <br /> made against City in this Action. Gomez will not seek any further compensation for any other claimed <br /> damages, costs, or attorney's fees in connection with the matters encompassed in this Agreement. <br /> 7. Gomez acknowledges and agrees that City has made no representations regarding the <br /> tax consequences of any amounts received pursuant to this Agreement. Gomez agrees that she and <br /> she alone is liable for all taxes, if any, which are owed by him/her on any amount,received hereunder <br /> including interest and penalties. Gomez will hold City harmless from any and all claims made by federal, <br /> state, or local taxing authorities or lien holders against Gomez on amounts owed by him/her. <br /> 8. Gomez 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 City including any of its officers, agents, directors, supervisors, employees, or <br /> representatives of City with any state, federal, or local agency or court and that he will not do so at any <br /> time hereafter as it relates to this Action and that if any agency or court assumes jurisdiction of any <br /> complaint, claim, or action against City on Gomez's behalf, Gomez will direct that agency or court to <br /> withdraw and dismiss the matter with prejudice. <br /> 9. The Parties hereto hereby agree that all rights under Section 1542 of the Civil Code of the <br /> 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 <br /> known by him or her must have materially affected his or her settlement with the <br /> debtor." <br /> 10. 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 of its <br /> officers, agents, directors, supervisors, employees, representatives, and its successors and assigns and <br /> all persons acting by, through, under, or in concert with each other party from any and all charges, <br /> complaints,claims,and liabilities of any kind or nature whatsoever,known or unknown, suspected or <br /> unsuspected(hereinafter referred to as "claim"or"claims")which each releasing party at any time <br /> heretofore had or claimed to have or which each releasing party at any time hereafter may have or claim <br /> to have, incidental to the incident(s)which form the basis of the Action. <br /> 11. Each person signing below represents that she has reviewed all aspects of this Agreement, <br /> that the Agreement has been carefully read and fully explained to them and that they understand every <br /> provision of this Agreement, that they understand that in agreeing to this document they are releasing <br /> each party hereby from any and all claims they may have against each party released, that they <br /> voluntarily agree to all the terms set forth in this Agreement, that they knowingly and willingly <br /> intend to be legally bound by the same, that they were given the opportunity to consider the terms <br /> of this Agreement and discussed them with legal counsel. Each party hereby warrants that they have the <br /> authority to enter into this Agreement and bind the party for whose benefit they execute this Agreement. <br /> 12. Gomez hereto represents and acknowledges that in executing this Agreement, she <br /> does not rely and has not relied upon any representation or statement made by City or by any of <br /> Page2of4 <br />
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