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Watt, Tieder, Hoffer&Fitzgerald,LLP
<br /> Attention: Christopher Bunge
<br /> 4 Park Plaza, Ste. 1000
<br /> Irvine, CA 92614
<br /> 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 they are liable for all taxes, if any, which are owed by her on any amount received
<br /> hereunder including interest and penalties. Plaintiff will hold Defendant harmless from any and
<br /> all claims made by federal, state, or local taxing authorities regarding amounts owed by Plaintiff,
<br /> 5. 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, Plaintiff has not fled
<br /> any complaints, claims, or actions against Defendant including any of its officers, agents,
<br /> directors, supervisors, employees, or representatives of Defendant 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 /> Defendant on Plaintiff's behalf, Plaintiff will direct that agency or court to withdraw and dismiss
<br /> the matter with prejudice.
<br /> 6. 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 that the creditor or releasing
<br /> party does not know or suspect to exist in his or her favor at the time of
<br /> executing the release and that, if known by him or her, would have
<br /> materially affected his or her settlement with the debtor or released
<br /> party."
<br /> 7. 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 /> S. 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.
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