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state, or local taxing authorities against Plaintiff on amounts owed by them.
<br /> 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, Me&Care or Medi-Cal, or any other medical providers, to whom Plaintiff or his attorneys
<br /> are indebted. Plaintiff further acknowledges that he and not the City is responsible for compromising any
<br /> liens related to, or arising from, this Action.
<br /> Plaintiff's Initials
<br /> 5. 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, he has not filed any complaints,
<br /> claims (excluding any pending worker's compensation claims), or actions against Defendant
<br /> including any of its officers, agents, directors, supervisors, employees, or representatives of
<br /> Defendant with any state, federal, or local agency or court and that he will not do so at any time
<br /> hereafter as it relates to this Action and that if any agency or court assumes .jurisdiction of any
<br /> complaint, claim, or action against Defendant on Plaintiffs behalf,Plaintiff will direct that
<br /> 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 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 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 /> 8. 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 he has reviewed all aspects of this Agreement,
<br /> that the Agreement has been carefully read and fully explained to than 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.
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