ERNESTO JAIDEN CANEPA GARCIA BY AND THROUGH GUARDIAN AD LITEM THERESA DEJESUS GARCIA - MMZ, ET. AL VS. CITY OF SANTA ANA-2016

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is agreed that Plaintiffs and Defendants will each respectively bear their own attorneysfees and costs. 1.2 This release and discharge shall apply to the past, present and future officers, directors, stockholders, attorneys, agents, servants, representatives, employees, subsidiaries, affiliates, partners, predecessors and successors in interest, and assigns and all other persons, firms or corporations with whom any of the former have been, are now, or may hereafter be affiliated of the City of Santa Ana, including but not limited to Officer Christopher Shynn, 1.3 This release, on the part of the Plaintiff, shall be a fully binding and complete settlement among the Plaintiff and the Defendant, and their heirs, assigns and successors and employees, including, but not limited to Officer Christopher Shynn. 1.4 The Plaintiff acknowledges and agrees that the release and discharge set forth above is a general release. Plaintiff expressly waives and assumes the risk of any and all claims for damages which exist as of this date, but of which the Plaintiff does not know or suspect to exist, whether through ignorance, oversight, error, negligence, or otherwise, and which, if known, would materially affect Plaintiff's decision to enter into this Settlement Agreement. The Plaintiff further agrees that Plaintiff has accepted payment of the sums specified herein as a complete compromise of matters involving disputed issues of law and fact. Plaintiff assumes the risk that the facts or law may be other than Plaintiff believes. It is understood and agreed to by the parties that this settlement is a compromise of a doubtful and disputed claim, and the payments are not to be construed as an admission of liability on the part of the Defendant, by whom liability is expressly denied. 2.0 PAYMENTS In consideration of the release set forth above, the Defendant agrees to pay the payments outlined in Sections 2.1 and 2.2 below: 2.1 Payments due at the time of settlement as follows: $157,307.96 shall be in the form of a check made payable to "Casillas & Associates" 2.2 The Periodic Payments which constitutes damages (other than punitive damages) received on account of Plaintiff's alleged personal physical injuries or sickness within the meaning of section 104(a)(2) of the Internal Revenue Code of 1986, will be paid as follows: Payee: Ernesto Jaiden Canepa Garcia $2,500.00 Payable monthly, guaranteed for 84 payments only, commencing 3/26/2031 (age l8) through and including 2/26/2038; $30,000.00 Guaranteed lump sum, payable on 3/26/2038 (age 25); 21