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JENNIFER CHAN
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Last modified
2/22/2021 11:48:47 AM
Creation date
2/22/2021 11:47:31 AM
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Contracts
Company Name
JENNIFER CHAN
Contract #
N-2021-033
Agency
City Attorney's Office
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THIRD: Plaintiff acknowledges and agrees that Defendant has made no representations <br />regarding the tax consequences of any amounts received pursuant to this Agreement. <br />Plaintiff agrees that she and she alone is liable for all taxes, if any, which are owed by her on <br />any amount received hereunder including interest and penalties. Plaintiff will hold Defendant <br />harmless from any and all claims made by federal, state, or local taxing authorities or lien <br />holders against Plaintiff on amounts owed by him. <br />FOURTH: Plaintiffrepresents that, with the exception of this Action and the <br />government tort claim associated therewith and submitted to the City of Santa Ana, she <br />has not filed any complaints, claims, or actions against Defendant including any of its <br />officers, agents, directors, supervisors, employees, or representatives of Defendant with any <br />state, federal, or local agency or court and that she will not do so at any time hereafter as it <br />relates to this Action and that if any agency or court assumes jurisdiction of any complaint, <br />claim, or action against Defendant on Plaintiff's behalf, Plaintiff will direct that agency or <br />court to withdraw and dismiss the matter with prejudice. <br />(a) Plaintiff acknowledges that she filed a separate action entitled, Jennifer Chan v. <br />Reina Castro Martinez, et at., ©range County Superior Case No. 30-2020-01139971-CU-PA- <br />CdC ("Related Action"), that arises from the same set of facts and circumstances that gave rise to <br />this Action. Attached as Exhibit "A" is a conformed copy of the dismissal of the Related Action. <br />Plaintiff acknowledges that a notice of related action was not filed in the Action to notify the <br />City of the Related Action. <br />FIFTH: 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 <br />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 <br />known by him or her must have materially affected his or her settlement with the <br />debtor." <br />SIXTH: Notwithstanding the provisions of Civil. Code section 1542, each party <br />hereby irrevocably and unconditionally releases and forever discharges each other party and <br />each and all of its officers, agents, directors, supervisors, employees, representatives, and its <br />successors and assigns and all persons acting by, through, under, or in concert with each other <br />party from any and all charges, complaints, claims, and liabilities of any kind ornamre <br />whatsoever, known or unknown, suspected or unsuspected (hereinafter referred to as "claim" or <br />"claims") which each releasing party at any time heretofore had or claimed to have or which <br />each releasing party at any time hereafter may have or claim to have, incidental to the <br />incident(s) which form the basis of the Action. <br />SEVENTH: Each person signing below represents that he/she has reviewed all aspects <br />of this Agreement, that the Agreement has been carefully read and fully explained to them and <br />that they understand every provision of this Agreement, that they understand that in agreeing <br />to this document they are releasing each party hereby from any and all claims they may have <br />against each party released, that they voluntarily agree to all the terms set forth in this <br />Page 2 of 4 <br />
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