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or action against the City on Perrigoue's behalf, Perrigoue will direct that agency or court to
<br />withdraw and dismiss with prejudice the matter.
<br />5. Perrigoue represents and warrants that no portion of any claim, right, demand, action
<br />or cause of action that she has or might have against City and any officers, agents, directors,
<br />supervisors, employees, or representatives of the City of Santa Ana or any portion of any recovery or
<br />settlement to which she may be entitled from City, has been assigned or transferred to any person,
<br />entity or corporation in any manner, including by way of subrogation, transfer or operation of law. In
<br />the event that any claim, demand, suit or lien has or should have been made were instituted against
<br />the City including the officers, agents, directors, supervisors, employees, or representatives because
<br />of any such purported assignment, subrogation, transfer or lien, Perrigoue agrees to indemnify and
<br />hold harmless the City and the officers, agents, directors, supervisors, employees, or representatives
<br />of the City of Santa Ana against any such claim, suit, demand, and to pay and satisfy any such claim,
<br />suit, demand or lien, including expenses of investigation, attorney's fees and costs.
<br />6. Perrigoue hereby agrees 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
<br />or suspect to exist in his favor at the time of executing the release, which if
<br />known by him mast have materially affected his settlement with the debtor."
<br />7. Notwithstanding the provisions of Civil Code section 1542, Perrigoue hereby
<br />irrevocably and unconditionally releases and forever discharges the City 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 it from any and all charges, complaints,
<br />claims, and liabilities of any ldnd or nature whatsoever, known or unknown, suspected or
<br />unsuspected (hereinafter referred to as "claim" or "claims ") which Perrigoue at any time heretofore
<br />had or claimed to have or which she at any time hereafter may have or claim to have, incidental to
<br />her employment with City.
<br />8. The Parties hereto represent and aclmowledge that in executing this Agreement they
<br />do not rely and have not relied upon any representation or statement made by any of the parties or by
<br />any of the parties' agents, attorneys, or representatives with regard to the subject matter, basis, or
<br />effect of this Agreement or otherwise, other than those specifically stated in this Agreement.
<br />9. This Agreement shall be binding upon the parties hereto and upon their heirs,
<br />administrators, representatives, executors, predecessors, successors, and assigns, and shall inure to
<br />the benefit of said parties and each of them and to their heirs, administrators, representatives,
<br />executors, predecessors, successors, and assigns.
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