PEEBLER, SCOTT AS SUCCESSOR IN INTEREST TO GERALD PEEBLER - 2014

Home Browse Search

6. In further consideration of this Agreement, Petitioner does hereby release and discharge Successor Agency and City and their employees, administrators, assigns, agents, directors, officers, partners, representatives, insurance companies, lawyers, and all persons acting by, though, under, or in concert with them or any of them, past and present of and from any and all Claims arising out of or related to the Action. Successor Agency and City do thereupon release and discharge Petitioner and all persons acting by, though, under, or in concert with him, past and present of and from any and all Claims arising out of or related to the Action. 7. The Parties intend that this Agreement shall be a full and final settlement of and bar to any and all claims and /or causes of action arising between and /or among them as related to the Action. In connection with the release made herein, the Parties acknowledge that they may hereafter discover facts different from or in addition to the facts which they may know or believe to be true with respect to the Action, but that they intend to fully and forever settle the Action among the Parties. In furtherance of such intention, the release given herein shall be and remain in effect as a full and complete release, notwithstanding discovery of any such different or additional facts related to the Action. Therefore, the Parties acknowledge that they have been informed of and are familiar with the provisions of Civil Code section 1542, which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. The Parties hereby waive and relinquish all rights and benefits under Civil Code section 1542 to the full extent that they may lawfully waive all such rights and benefits pertaining only to the Action. 8. The Parties agree and mutually acknowledge that this Agreement is for settlement purposes only. All Parties deny any wrongdoing in connection with the Action. Neither this Agreement nor any action taken pursuant to this Agreement shall constitute any admission of any wrongdoing, fault, violation of law, or liability of any kind on the part of the Parties, or any admission by and of the Parties of any claim or allegations made in any action against such party. This Agreement is entered into to avoid the attorneys' fees, costs, expenses and risks associated with litigating the Action. 9. Except as set forth in Section 2.c. of this Agreement, each party shall bear its own attorneys' fees and costs incurred in connection with the Action and in the preparation, negotiation and drafting of this Agreement. 10. Any person executing this Agreement on behalf of any Party does hereby personally represent and warrant to the other Parties that he or she has the authority to execute this Agreement on behalf of, and to fiilly bind, such Party. 11. This Agreement may be executed in counterparts -6- 55394.00005 \9313511.9