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1. Plaintiff will dismiss the lawsuit entitled, Robert Pone v. Pham,
<br />Orange County Superior Court Case No. 30-2018-01021071.
<br />(c) Plaintiff acknowledges and agrees that Defendants have made no representations
<br />regarding the tax consequences of any amounts received pursuant to this Agreement. Plaintiff
<br />agrees that he and he alone is liable for all taxes, if any, which are owed byhis on any amount
<br />received hereunder including interest and penalties. Plaintiff will hold Defendants harmless from
<br />any and all claims made by federal, state, or local taxing authorities or lien holders against
<br />Plaintiff on amounts owed by him.
<br />THIRD:
<br />(a) Plaintiff further agrees to abide by the requirements of California Civil Code
<br />sections 3040 and 3045.1 through 3045.6 and satisfy any and all liens or claims (to the extent any
<br />such liens or claims exist) against the payments provided herein, specifically including, but not
<br />limited to, any lien, claim or conditional payment reimbursement demand asserted by or on behalf
<br />of Medicare or any entity claiming any right of reimbursement under the Medicare Secondary
<br />Payer Act. Plaintiff further agrees to hold harmless, indemnify and defend Defendants and
<br />Defendants' counsel of record from any claims arising from the failure of Plaintiff and/or
<br />Pla.intiffa counsel of record to satisfy any such liens, claims, and/or Medicare conditional payment
<br />reimbursement demands. These obligations include Plaintiff and/or Plaintiff's counsel of record's
<br />payment and/or reimbursement of any and all reasonable attorney's fees and expenses incurred by
<br />Defendants and/or Defendant's counsel of record in connection with the failure of Plaintiff and/or
<br />Plaintiff's cormsel of record to satisfy any such liens, claims, and/or Medicare conditional payment
<br />reimbursement demands.
<br />(b) Plaintiff agrees to hold harmless, indemnify, and defend Defendant and
<br />Defendant's counsel of record with respect to any and all other claims that may be presented by
<br />Plaintiff, Medicare, and/or any other party acting on Plaintiff or Medicare's behalf, including, but
<br />not limited to, administrative or civil fines, penalties, and interest, as well as any damages that
<br />arise out of, result from, and/or occur as a consequence of any adverse administrative or legal
<br />actions, up to and including the loss of Plaintiffs future Medicare benefits and/or Medicare
<br />eligibility.
<br />(c) The Parties acknowledge that Plaintiff may choose to obtain a Medicare Set Aside
<br />Arrangement ("MSA"). The Parties further acl<nowledge that Defendants and/or Defendants'
<br />counsel of record has/have not provided any advice, legal or otherwise, as to whether such MSA
<br />is required, needed or warranted, or how it should be structured or funded. Plaintiff undertakes and
<br />acknowledges complete responsibility for the implementation of any such MSA, should one be
<br />required. Plaintiff further agrees to hold harmless, indemnify, and defend Defendants and/or
<br />Defendants' counsel of record from any claims or liabilities arising out of or in any way connected
<br />with any such MSA, including any and all reasonable attorney's fees and expenses incurred by
<br />Defendants and/or Defendants' counsel of record in connection therewith.
<br />FOURTH: 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 has not filed
<br />any complaints, claims, or actions against Defendants including any of its officers, agents,
<br />directors, supervisors, employees, or representatives of Defendants with any state, federal, or local
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