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of independent counsel, and that they are familiar with Civil Code § 1542, which provides <br />as follows: <br />GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE <br />CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER <br />FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF <br />KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS <br />OR HER SETTLEMENT WITH THE DEBTOR. <br />E. Maintenance of Records: The CITY OF SANTA ANA, its agents, <br />representatives and attorneys may maintain the internal affairs investigation and <br />disciplinary file consistent with the provisions of this agreement. <br />F. Cost/Fees: All Agreeing Parties to this Agreement and Release shall, <br />except as provided for above, bear their own attorneys' fees and costs. <br />IV. WARRANTIES AND ACKNOWLEDGMENTS <br />A. Code of Civil Procedure §§ 664.6 & 664.7: The Agreeing Parties do <br />hereby agree that each has the right to enforce this Agreement, or any provision thereof, <br />by filing any appropriate motion or proceeding, including, without limitation, a motion <br />pursuant to Code of Civil Procedure §§ 664.6 & 664.7, in the appropriate law and motion <br />department of the Orange County Superior Court where the Action is venued. The <br />Agreeing Parties further agree, acknowledge and stipulate that the Court in the above <br />referenced actions shall retain jurisdiction over the Agreeing Parties to determine any <br />motion brought pursuant to Code of Civil Procedure §§ 664.6 & 664.7. <br />B. No Admissions: This Agreement is made as part of the compromise and <br />settlement of disputed claims, and no action taken by Agreeing Parties, either previously <br />or in connection with this compromise and settlement, shall be deemed or construed to be <br />an admission by Agreeing Parties of any fault or liability whatsoever in connection with <br />any matter or thing. Nothing contained in or referred to in this Agreement shall be <br />deemed to constitute an admission of liability nor responsibility, and it is recognized that <br />this Agreement and the promises, covenants and conditions set forth herein as entered <br />into by the parties hereto are for the purpose of avoiding the time and expense of <br />continued litigation. Liability and responsibility are expressly denied. <br />C. No Prior Assignments: The Agreeing Parties represent and warrant that <br />she/he/it/they is/are the sole owner of the claims released and that such claims have not <br />been expressly or impliedly assigned, transferred, and/or subrogated to any other person <br />or entity. <br />D. Adequate Inquiry: Each Party to the Agreement represents and warrants <br />that prior to executing the Agreement, he/she/it/they has/have made such inquiries, <br />consulted such persons, and reviewed such documents as it deemed appropriate to enter <br />Page 5 of 7 <br />