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payencat and executing this Agreement, Plaintiff is waiving any and all actual or potential rights <br />to any other claimed damages, costs, or attorney's fees in connection with the Action. <br />(d) Plaintiff acknowledges and agrees that Defendant has made no <br />representations regarding the tax consequences of any amounts received pursuant to this <br />Agreement. Plaintiff agrees that they are liable for all taxes, if any, which are owed by them on <br />any amount received hereunder including interest and penalties. Plaintiff will hold Defendant <br />harmless from any and all claims made by federal, state, or local taxing authorities or lien holders <br />against Plaintiff on amounts owed by them. <br />7 HIMID: Plaintiff represents that, with the exception of the Action, they have not filed any <br />complaints, claims, or actions against Defendant including any of its officers, agents, directors, <br />supervisors, employees, or representatives of Defendant with any state, federal, or local agency or <br />court and that they will not do so at any time hereafter as it relates to this Action and that if any <br />agency or court assumes jurisdiction of any complaint, claim, or action against Defendant on <br />Plaintiff's behalf, Plaintiff will direct that agency or court to withdraw and dismiss with prejudice <br />the matter. <br />FOURTH: The parties hereto hereby agree that all rights under Section 1542 of the Civil <br />Codc of the .,tate of California are hereby waived. Civil Code Section 1542 provides as follows: <br />"A general release floes not extend to claims which the creditor does not know <br />or suspect to exist in his or her favor at the time of executing the release, which <br />if known by him or her merit have materially affected his or her settlement <br />with the debtor." <br />FIFTH; Notwithstanding the provisions of Civil Code section 1542, each party hereto <br />hereby irrevocably and unconditionally releases and forever discharges each other party and each <br />and all of its officers, agents, directors, supervisors, employees, agents, representatives, and its <br />successors and assigns and all persons acting by, through, under, or in concert with each other <br />party from any arid all charges, complaints, claims, and liabilities of any kind or nature whatsoever, <br />known or unknown, suspected or unsuspected (hereinafter referred to as "claim" or "claims") <br />which each releasing party at any time heretofore had or claimed to have or which each releasing <br />party at any time hereafter may have or claim to have, incidental to the incident(s) which forms <br />the basis of the Action. <br />�LILTff: Each person signing below represents that he/she has reviewed all aspects of this <br />Agreement, that the Agreement has been carefully read and fully explained to them and that they <br />understand every provision of this Agreement, that they understand that in agreeing to this <br />document they are releasing each party hereby from any and all claims they may have against each <br />party released; that they voluntarily agree to all the terms set forth in this Agreement, that they <br />knowingly and willingly intend to be legally bound by the same, that they were given the <br />oppoilariity to consider the terms of this Agreement and discussed them with legal counsel. Each <br />Page 2 of 4 <br />