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5. Plaintiff acknowledges and agrees that Defendants have made no representations
<br /> regarding the tax consequences of any amounts received pursuant to this Agreement. Plaintiff agrees
<br /> that he/she and he/she alone is liable for all taxes, if any, which are owed by him/hcr on any amount
<br /> received hereunder including interest and penalties. Plaintiff will hold Defendants harmless from any and
<br /> all claims made by federal, state, or local taxing authorities on amounts owed by him/her.
<br /> 6. Plaintiff will hold the City harmless from all non-tax lien holders of any kind, including
<br /> liens for medical care or medical expenses owed to private insurance companies, Medi-Care or Medi-Cal,
<br /> or any medical providers, to whom Plaintiff or his/her attorneys are indebted. Plaintiff further
<br /> acknowledges that he/she and not the City is responsible for compromising,an liens related to, or arising
<br /> from, this Action. U_V_(Plaintiff s 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, h e/s h e has not filed any
<br /> complaints, claims, or actions against Defendants including any of its officers, agents, directors,
<br /> supervisors, employees,or representatives of Defendants with any state, federal, or local agency or court
<br /> and that he/she will not do so at any time hereafter as it relates to this Action and that if any agency or
<br /> court assumes jurisdiction of any complaint, claim, or action against Defendants on Plaintiff's behalf,
<br /> Plaintiff will direct that agency or court to withdraw and dismiss the matter with prejudice.
<br /> 8. 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 /> 9. 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 /> 10. Each person signing below represents that he/she has reviewed all aspects of this
<br /> Agreement, the Agreement has been carefully read and fully explained to him/her and he/she
<br /> understands every provision of this Agreement,he/she understands that in agreeing to this document
<br /> he/she is releasing each party hereby from any and all claims he/she may have against each party released,
<br /> that they voluntarily agree to all the terms set forth in this Agreement, that he/she knowingly and
<br /> willingly intend to be legally bound by the same, that they were given the opportunity to consider
<br /> the terms of this Agreement and discussed them with legal counsel. Each party hereby warrants that they
<br /> have the authority to enter into this Agreement and bind the party for whose benefit they execute this
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