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VALENTE, ANA
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Last modified
7/5/2019 10:32:38 AM
Creation date
7/5/2019 10:02:56 AM
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Contracts
Company Name
VALENTE, ANA
Contract #
A-2019-082
Agency
CITY ATTORNEY'S OFFICE
Council Approval Date
6/4/2019
Destruction Year
0
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(c) Plaintiff acknowledges and agrees that Defendants have made no <br />representations regarding the tax consequences of any amounts received pursuant to this Agreement. <br />Plaintiff agrees that he/she and he/she alone is liable for all taxes, if any, which are owed by he/she on <br />any amount received hereunder including interest and penalties. Plaintiff will hold Defendants harmless <br />from any and all claims made by federal, state, or local taxing authorities or lien holders who identify <br />liens for amounts owed by Plaintiff related to the facts that gave rise to this Action. <br />THIRD: Plaintiff represents that, with the exception of this Action and the government tort claim <br />associated therewith and submitted to the City of Santa Ana, he/she has not filed any complaints, <br />claims, or actions against Defendants including any of its officers, agents, directors, supervisors, <br />employees, or representatives of Defendants with any state, federal, or local agency or court and that they <br />will not do so at any time hereafter as it relates to this Action and that if any agency or court assumes <br />jurisdiction of any complaint, claim, or action against Defendants on Plaintiff's behalf, Plaintiff will <br />direct that agency or court to withdraw and dismiss with prejudice the matter. <br />FOURTH: The Parties hereto hereby agree that all rights under Section 1542 of the Civil Code <br />of the State of California are hereby waived. Civil Code Section 1542 provides as follows: <br />"A general release does not extend to claims which the creditor does not know or <br />suspect to exist in his or her favor at the time of executing the release, which if known <br />by him or her must have materially affected his or her settlement with the debtor." <br />FIFTH: Notwithstanding the provisions of Civil Code section 1542, each party hereby <br />irrevocably and unconditionally releases and forever discharges each other party and each and all of its <br />officers, agents, directors, supervisors, employees, representatives, and its successors and assigns and <br />all persons acting by, through, under, or in concert with each other party from any and all charges, <br />complaints, claims, and liabilities of any kind or nature whatsoever, known or unknown, suspected or <br />unsuspected (hereinafter referred to as "claim" or "claims") which each releasing party at any time <br />heretofore had or claimed to have or which each releasing party at any time hereafter may have or claim <br />to have, incidental to the incident(s) which form the basis of the Action. <br />IXT : 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 document <br />they are releasing each party hereby from any and all claims they may have against each party released, <br />that they voluntarily agree to all the terms set forth in this Agreement, that they knowingly and <br />willingly intend to be legally bound by the same, that they were given the opportunity to consider <br />the terms of this Agreement and discussed them with legal counsel. Each party hereby warrants that they <br />have the authority to enter into this Agreement and bind the party for whose benefit they execute this <br />Agreement. <br />SEVENTH: The Parties hereto represent and acknowledge that in executing this <br />Agreement they do not rely and have not relied upon any representation or statement made by any <br />of the parties or by any of the parties' agents, attorneys, or representatives with regard to the subject <br />matter, basis, or effect of this Agreement or otherwise, other than those specifically stated in this <br />Agreement. <br />Page 2 of 4 <br />
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