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5, Separate and apart from tax liens, Plaintiff will hold the City harmless from any and all lien
<br /> holders of any kind, including liens for medical care or medical expenses owed to private insurance
<br /> companies, Medi-Care or Medi-Cal, or any other medical providers,to whom Plaintiff or her attorneys
<br /> are indebted. Plaintiff further acknowledges that she and not the City is responsible for compromising
<br /> any liens related to, or arising from,this Action. ^A
<br /> /ram Plaintiff s Initials
<br /> 6. PIaintiff represents that,with the exception of this Action and the government tort claim
<br /> associated therewith and submitted to the City of Santa Ana, she 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 court and that
<br /> she 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 Defendant on Plaintiff's behalf,
<br /> Plaintiff will direct that agency or court to withdraw and dismiss the matter with prejudice.
<br /> 7, The Parties hereto hereby agree that all rights under Section 1542 of the Cavil 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 that the creditor or
<br /> releasing party does not know or suspect to exist in his or her favor at
<br /> the time of executing the release and that, if known by him or her,
<br /> would have materially affected his or her settlement with the debtor or
<br /> released party."
<br /> S. 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, any subsidiaries or
<br /> affiliates of said insurance companies,attorneys, successors and assigns and all persons acting by,
<br /> through,under,or in concert with each other party from any and all charges, 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 heretofore
<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 /> 9. 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
<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 all claims they may have against each party released,
<br /> that they voluntarily agree to all 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 discuss them with legal counsel. Each party hereby
<br /> warrants that they have the authority to enter into this Agreement and bind the party for whose
<br /> benefit they execute this Agreement.
<br /> Pase 2 of
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