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(u) Parties agree that this Agreement and the payfawnt specified in <br />subsection (b) above, constitutes fl41 laid contl?leis sattlemen.t and compromise o£ all claims lnaole <br />against the City of SantaAm and Caprice Kirkpatrick in the Action, 1'lainti.Pf sllccifically agrees <br />that by accepting the foregoing payment find rxeCliting this Agreenwnl, Plaintiff i; a��aivipg any <br />and all actual or potential rights to any other claimed damages, coats, or attorneys fees in <br />connection with the Action.. <br />(d) Plaintiff acknowledges and ngtees that 'Defundants have made no <br />re}lrosenlations regarding tiie tax conseyueiaces of any amounts received ptfrsuant to this <br />Agreement, Plaintiff agrees diallie/she and lze alone is liable for all taxes, if any, which are owed <br />by him on ally amount reccived, hereunder including interest and penalties. Plaintiff will hold <br />Defendants halinless from any and all claims made: by federal, state, or local taxing aufhorities or <br />lien holders against Plailititff' on,unollnts Owed by hien. <br />f111.12D: 'Plahrflf:'f repscsents that, with the exception of the Action, and the government <br />tort claim associated ttterevvith and submitted to the City of Santa Ana, he has not filed any <br />complaints, clanms, or actions against Defendants including any of its officers, agents, directors, <br />supervisors, employees, or representatives; of Defendants with any slate, federal, or local apnoy <br />or court and thai they will not do so at any time hereafter as it rclates to this Action and that if tiny <br />agency or Court assumes jurisdiction of any complaint, claim, or action against Defendant, on <br />PluiniifN behalf; Plaintiffwill direct that agency or court to withdraw and dismiss with prejudice <br />the platter. <br />1FOUJtFYI' The patties hereto) hereby agree that all .rights under Section 1,542 of the Civil <br />Code of the State of California. are hereby waived. Civil Code Section 1542 provides cis Coltfws:. <br />"tA lencral release does not extend to clainls which, the crafflor sloes not.know <br />or suspect to exist in his or icer favor at the ilme of executing the release, which <br />if known. by tliin OA- her 111astlltive mate.adally affected his or her settlement <br />with the debtoA•," <br />FIFTH: Notwithstanding the Provisions of C.ivll Code section 1512, each party hereto <br />hereby irrevocably and uncohditionally.rcteascs and forever discharges each other parts' and each <br />and. all of its officers, agents, directors, supervisors, ctuploycos, agents, representatives, and its <br />silaCussors and assigns and all personas acting by, through, under, c17 in concert with each other <br />patty trom anyand all charges, coutplaints, claims, 4 and liabilities of anykind or nature whosoever, <br />known or unkaowu; suspoCfcd or unsuspected (hereinafter referred to as "claim" or "claims") <br />which each releasing party at any tine heretofore had or claimed to have or which each releasing <br />party at any't.ime herealler May have or claim to have, incidental to the incident(s) Which pains <br />Ole birds of the Action. <br />P,Mli:.Fadl poison signing below represent;, that he/silo; has reviewed all aspects of•tlfis <br />Agreement, that the Agreement has bceta carefully read and fully explained to them and that they <br />Page 2 of 4 <br />