CARMAGO,TONY-2017 - Laserfiche WebLink

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(d) Defendant will withhold One Hundred and Five Thousand, Seven Hundred and Forty -Nine Dollars and Fifty -Seven cents ($105,749.57) from the Settlement amount for the Medicare Lien for medical services associated with Plaintiffs injuries as a result of this action. Once Medicare processes its mandatory reduction and issues a letter with the total amount owed to Medicare, the City will issue a check to MEDICARE for the confirmed amount. If there is a balance remaining of the settlement proceeds after payment of the Medicare lien the City will issue a second check made payable to "TONY CAMARGO AND HIS ATTORNEY OF RECORD, THE LAW OFFICES OF AL MOTLAGH" for any remaining amount. Should Medicare be entitled to, or demand additional payments for services rendered in connection with this action that exceeds $105,749.57, Plaintiff Tony Carnargo understands and agrees that he will be solely and completely responsible for any additional payments owed to Medicare. (e) Parties agree that this Agreement and the payment specified in subsection (c -d) above, constitutes full and complete settlement and compromise of all claims made against the Defendant in the Action. Plaintiff specifically agrees that by accepting the foregoing payment and executing this Agreement, Plaintiff is waiving any and all actual or potential rights to any other claimed damages, costs, or attorney's fees in connection with the Action. (f) Plaintiff acknowledges and agrees that Defendant has made no representations regarding the tax consequences of any amounts received pursuant to this Agreement, Plaintiff agrees that he/she and he alone is liable for all taxes, if any, which are owed by him on any amount received hereunder including interest and penalties. Plaintiff will hold Defendant harmless from any and all claims made by federal, state, or local .taxingauthorities or _ lien holders against Plaintiff on amounts owed by him/her. T:HIR1): Plaintiff represents that, with the exception of the Action, and the government tort claim associated therewith and submitted to the City of Santa Ana, he has not filed any complaints, claims, or actions against Defendant including any of its officers, agents, directors, supervisors, employees, or representatives of Defendant with any state, federal, or local agency or court and that they will not do so at any time hereafter as it relates to this Action and that if any agency or court assumes jurisdiction of any complaint, claim, or action against Defendant on Plaintiffs behalf, Plaintiff will direct that agency or court to withdraw and dismiss with prejudice the matter. FOURTH: The parties hereto hereby agree that all rights under Section 1542 of the Civil Code of the State of California are hereby waived. Civil Code Section 1542 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." Page 2 of 4