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(c) Plaintiff acknowledges and agrees that City has made no <br />representations regarding the tax consequences of any amounts received pursuant to this <br />Agreement. Plaintiff agrees that she and she alone is liable for all taxes, if any, which are owed <br />by her on any amount received hereunder including interest and penalties. Plaintiff will hold City <br />harmless from any and all claims made by federal, state, or local taxing authorities or lien holders <br />who identify liens for amounts owed by Plaintiff related to the facts that gave rise to the Action. <br />THIRD: Plaintiffrepresents that, with the exception of the Action and the government tort <br />claim associated therewith and submitted to the City of Santa Ana, she has not filed any <br />complaints, claims, or actions against City including any of its officers, agents, directors, <br />supervisors, employees, or representatives of City with any state, federal, or local agency or court <br />and that she will not do so at any time hereafter as it relates to the Action. Plaintiff further <br />represents that if any agency or court assumes jurisdiction of any complaint, claim, or action <br />against City on Plaintiff's behalf, Plaintiff will direct that agency or court to withdraw and <br />dismiss with prejudice the matter. <br />FOURTH: 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 />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 <br />all of its officers, agents, directors, supervisors, employees, representatives, and its successors <br />and assigns and 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 />SIXTH: 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 party released, that they voluntarily agree to all the terns 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 />SEVENTH: The Parties hereto represent and acknowledge that in executing <br />this Agreement they do not rely and have not relied upon any representation or statement <br />2 <br />