MELENDEZ, EDWIN - Laserfiche WebLink

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MAY/08/2013/WED 02:01 PM FAX No. P. 005 FIFTH: The Plaintiff hereby agrees 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, Plaintiff hereby irrevocably and unconditionally releases and forever discharges Defendant and his successors and assigns and all persons acting by, through, under, or in concert with Defendant 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 the releasing party at any time heretofore had or claimed to have or which the 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: Plaintiff represents that he has reviewed all aspects of this Agreement, that the Agreement has been carefully read and fully explained to him and that he understands all the provisions of this Agreement, that he understands that in agreeing to this document he is releasing Defendant from any and all claims he may have against the party released, that he voluntarily agrees to all the terms set forth in this Agreement, that he knowingly and willingly intends to be legally bound by the same, that he 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 with regard to the subject matter, basis, or effect of this Agreement or otherwise, other than those specifically stated in this Agreement. NINTH: This Agreement shall be binding upon the parties hereto and upon their heirs, administrators, representatives, executors, predecessors, successors, and assigns, and shall inure to the benefit of said parties and each of them and to their heirs, administrators, representatives, executors, predecessors, successors, and assigns.