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THIRD: Plaintiff represents that, with the exception of Case No, 30- 2013- 00692046 she has not
<br />filed any complaints, claims, or actions against Defendant with any state, federal, or local agency or court and
<br />that she will not do so at any time hereafter as it relates to this action and that if any agency or court assumes
<br />jurisdiction of any complaint, claim, or action against the Defendant on Plaintiff's behalf, Plaintiff will direct
<br />that agency or court to withdraw and dismiss with prejudice the matter.
<br />FOURTH: Plaintiff represents and warrants that no portion of any claim, right, demand, action
<br />or cause of action that she has or might have against Defendant or any portion of any recovery or settlement to
<br />which she may be entitled from Defendant, has been assigned or transferred to any person, entity or corporation
<br />in any manner, including by way of subrogation, transfer or operation of law. In the event that any claim,
<br />demand, suit or lien has or should have been made, is instituted against the Defendant because of any such
<br />purported assignment, subrogation, transfer or lien, Plaintiff agrees to indemnify and hold harmless the
<br />Defendant against any such claim, suit, demand, and to pay and satisfy any such claim, suit, demand or lien,
<br />including expenses of investigation, attorney's fees and costs.
<br />FIFTH: The Plaintiff 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 or suspect to
<br />exist in his favor at the time of executing the release, which if known by him must have
<br />materially affected his settlement with the debtor."
<br />SIXTH: Notwithstanding the provisions of Civil Code section 1542, Plaintiff hereby
<br />irrevocably and unconditionally releases and forever discharges Defendant and its successors and assigns and
<br />all persons acting by, through, under, or in concert with Defendant from any and all charges, complaints,
<br />claims, and liabilities of any kind or nature whatsoever, known or unknown, suspected or unsuspected
<br />(hereinafter referred to as "claim" or "claims ") which the releasing party at any time heretofore had or claimed
<br />to have or which the releasing party at any time hereafter may have or claim to have, incidental to the
<br />incident(s) which form the basis of this lawsuit.
<br />SEVENTH: Plaintiff represents that she has reviewed all aspects of this Agreement, that the
<br />Agreement has been carefully read and fully explained to her and that she understands all the provisions of this
<br />Agreement, that she understands that in agreeing to this document she is releasing Defendant from any and all
<br />claims she may have against the party released, that she voluntarily agrees to all the terms set forth in this
<br />Agreement, that she knowingly and willingly intends to be legally bound by the same, that she was given the
<br />opportunity to consider the terms of this Agreement and discussed them with legal counsel.
<br />EIGHTH: The Parties hereto represent and acknowledge 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 any of the
<br />parties' agents, attorneys, or representatives with regard to the subject matter, basis, or effect of this Agreement
<br />or otherwise, other than those specifically stated in this Agreement.
<br />NINTH: 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 the benefit of
<br />said parties and each of them and to their heirs, administrators, representatives, executors, predecessors,
<br />successors, and assigns.
<br />TENTH: Should any provision of this Agreement be declared or be determined by any court of
<br />competent jurisdiction to be illegal, invalid, or unenforceable, the legality, validity, and enforceability of the
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