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APR/22/2013/MON 10:53 AM FAX No, P.005/008 Defendant including the officers, agents, directors, supervisors, employees, or representatives because of any such purported assignment, subrogation, transfer or lien, Plaintiff agrees to indemnify and hold harmless the Defendant and the officers, agents, directors, supervisors, employees, or representatives of the City of Santa Ana against any such claim, suit, demand, and to pay and satisfy any such claim, suit, demand or lien, including expenses of investigation, attorney's fees and costs. FIFTH: The parties hereto hereby agree that all rights under Section 1542 of the Civil Code of the State of California are hereby waived. Civil Code Section 1542 provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." SIXTH: Notwithstanding the provisions of Civil Code section 1542, each party hereby irrevocably and unconditionally releases and forever discharges each other party and each and all of its officers, agents, directors, supervisors, employees, representatives, and its successors and assigns and all persons acting by, through, under, or in concert with each other party from any and all charges, complaints, claims, and liabilities of any kind or nature whatsoever, known or unknown, suspected or unsuspected (hereinafter referred to as "claim" or "claims") which each releasing party at any time heretofore had or claimed to have or which each releasing party at any time hereafter may have or claim to have, incidental to the incident(s) which form the basis of this lawsuit. SEVENTH: Each person signing below represents that he/she has reviewed all aspects of this Agreement, that the Agreement has been carefully read and fully explained to he/she and that he/she understands all the provisions of this Agreement, that he/she understands that in agreeing to this document he/she is releasing each party hereby from any and all claims he/she may have against each party released, that he/she voluntarily agrees to all the terms set forth in this Agreement, that he/she knowingly and willingly intends to be legally bound by the same, that he/she was given the opportunity to consider the terms of this Agreement and discussed them with legal counsel. EIGHTH: The Parties hereto represent and acknowledge that in executing this Agreement they do not rely and have not relied upon any representation or statement made by any of the parties or by any of the parties' agents, attorneys, or representatives 3