Laserfiche WebLink
(e) Plaintiff acknowledges and agrees that Defendant has made no representations <br />regarding the tax consequences of any amounts received pursuant to this Agreement. Plaintiff agrees <br />that he/she and he/she alone is liable for all taxes, if any, which are owed byher on any amount received <br />hereunder including interest and penalties. Plaintiff will hold Defendant harniless fi•om any and all claims <br />made by federal, state, or local taxing authorities or lien holders who identify liens for amounts owed by <br />Plaintiff related to the facts that gave rise to this Action. <br />THIM: 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, she has not filed any complaints, claims, <br />or actions against Defendant including any of its officers, agents, directors, supervisors, employees, or <br />representatives of Defendant with any state, federal, or local agency or court and that she will not do so <br />at any time hereafter as it relates to this Action. Plaintiff further represents that if any agency or court <br />assumes jurisdiction of any complaint, claim, or action against Defendant on Plaintiff's behalf, Plaintiff <br />will 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 Imown <br />by him or leer 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 Idnd or nature whatsoever, Imown 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 />SIXTH: The Parties hereto represent that they have reviewed all aspects of this Agreement, that <br />the Agreement has been carefully read and fully explained to them and that they understand every <br />provision of this Agreement, that they understand that in agreeing to this document they are releasing <br />each party hereb y from any and all claims they may have against each party released, that they voluntarily <br />agree to all the terms set forth in this Agreement, that they knowingly and willingly intend to be <br />legally bound by the same, that they were given the opportunity to consider the terms of this Agreement <br />and discussed them with legal counsel, The Parties hereby warrant that they have the authority to enter <br />into this Agreement and bind the party for whose benefit they execute this 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 />