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Plaintiffs hereby agree that they will defend, indemnify and hold the City of Santa <br />Ana harmless, from any and all statutory lions (medical, worker's compensation or <br />otherwise) made in connection with incident(s) which serve as the basis for Plaintiffs' civil <br />action, including all attorney's fees and costs incurred as a result of any liens. <br />10. TAX CONSEQUENCES <br />The City of Santa Ana has made no representation about and takes no position on the <br />tax consequences of this Settlement and Release. A dispute regarding the tax status of this <br />Settlement and Release shall not affect the validity of this document. Plaintiffs have had an <br />opportunity to discuss the potential tax consequences of this settlement with their own <br />counsel, and/or financial advisors and insurance representatives, and agrees to indemnify and <br />hold harmless the City of Santa Ana from any and all costs and assessments including, but <br />not limited to delinquent taxes, penalties and/or assessments levied against the City of Santa <br />Ana in connection with this Settlement and Release. <br />11. WARRANTY OF CAPACITY TO EXECUTE AGREEMENT <br />Plaintiffs represent and warrant that no other person or entity has, or has had, any <br />interest in the claims, demands, obligations, or causes of action referred to in this Settlement <br />and Release, except as otherwise set forth herein; that Plaintiffs have the sole right and <br />exclusive authority to execute this Settlement and Release and receive the sums specified in <br />it; and that Plaintiffs have not sold, assigned, transferred, conveyed or otherwise disposed of <br />any of the claims, demands, obligations or causes of action referred to in this Settlement and <br />Release. <br />12. REPRESENTATION OF COMPREHENSION OF DOCUMENT <br />In entering into this Settlement and Release, Plaintiffs represent that they have relied <br />upon the advice of their attorney, who is the attorney of their own choice, concerning the <br />legal and income tax consequences of this Settlement Agreement; that the terms of this <br />Settlement and Release have been completely read and explained to Plaintiffs by their <br />attorney of record; and that the terms of this Settlement and Release are fully understood and <br />voluntarily accepted by Plaintiffs. <br />13.. GOVERNING LAW <br />This Settlement and Release shall be construed and interpreted in accordance with <br />the laws of the State of California. <br />14. SEVERABILITY <br />Should any provision of this Settlement and Release be declared or determined by <br />any court to be illegal or invalid, the validity of the remaining parts, terms or provisions shall <br />not be affected thereby. <br />15. ADDITIONAL DOCUMENTS <br />Page 4 of 6 <br />