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SEMAZA, MICHAEL
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SEMAZA, MICHAEL
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Last modified
12/11/2019 4:36:20 PM
Creation date
12/11/2019 4:36:02 PM
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Contracts
Company Name
SEMAZA, MICHAEL
Contract #
A-2019-235
Agency
CITY ATTORNEY'S OFFICE
Council Approval Date
11/19/2019
Destruction Year
0
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A-2019-235 <br />(e) Plaintiff acknowledges and agrees that Defendants have made no <br />representations regarding the tax consequences of any amounts received pursuant to this <br />Agreement. Plaintiff agrees that he/she and he/she alone is liable for all taxes, if any, which <br />are owed by hiuAer on any amount received hereunder including interest and penalties. Plaintiff <br />will hold Defendants harmless from any and all claims made by federal, state, or local taxing <br />authorities or lien holders who identify liens for amounts owed by Plaintiff related to the facts <br />that gave rise to this Action. <br />THIRD: Plaintiff represents that, with the exception of this Action and the government <br />tort claim associated therewith and submitted to the City of Santa Ana, he/she has not filed <br />any complaints, claims, or actions against Defendants including any of its officers, agents, <br />directors, supervisors, employees, or representatives ofDefendants with any state, federal, or local <br />agency or court and that he/she will not do so at any time hereafter as it relates to this Action. <br />Plaintiff further represents that if any agency or court assumes jurisdiction of any complaint, <br />claim, or action against Defendants on Plaintiff's behalf, Plaintiff will direct that agency or <br />court to withdraw and dismiss with prejudice the matter. <br />OF URTll: The Parties hereto hereby agree that all rights under Section 1542 of the Civil <br />Code 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 <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 must have materially affected his or her settlement <br />with the debtor." <br />FJEJ : 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 <br />all of its officers, agents, directors, supervisors, employees, representatives, and its successors <br />and assigns gird all persons acting by, through, under, or in concert with each other party from <br />any and all charges, complaints, claims, and liabilities of any kind or nature whatsoever, known or <br />unknown, suspected or unsuspected (hereinafter referred to as "claim" or 'claims") which each <br />releasing party at any time heretofore had or claimed to have or which each releasing party at <br />any time hereafter may have or claim to have, incidental to the incident(s) which form, the basis <br />of the Action. <br />SI,X,T : The Parties hereto represent that they have reviewed all aspects of this <br />Agreement, that the Agreement has been carefully read and fully explained to them and that <br />they understand every provision of this Agreement, that they understand that in agreeing to <br />this document they are releasing each party hereby from any and all claims they may have against <br />each patty released, that they voluntarily agree to all the terms set forth in this Agreement, <br />that they knowingly and willingly intend to be legally bound by the same, that they were <br />given the opportunity to consider the terms of this Agreement and discussed them with legal <br />counsel. The Parties hereby warrant that they have the authority to enter into this Agreement and <br />bind the party for whose benefit they execute this Agreement <br />
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