SUNAHARA, STEPHANIE - Laserfiche WebLink

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conformed copy to counsel for Defendants. This Release does not encompass any claims as between OCTA and the City of Santa Ana. 3. It is understood and agreed by Plaintiff that the facts with respect to which the foregoing Release is given may hereafter turn out to be other than or different from the facts in that connection now known to be or believed by Plaintiff to be true, and Plaintiff expressly assumes the risk of the facts turning out to be different than they now so appear, and agree that the foregoing Release shall be, in all respects, effective and not subject to termination or rescission by any such difference in facts and the parties hereby expressly waive any and all rights they have or may have under Civil Code section 1542, which provides as follows: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." 4. It is understood and agreed that this settlement is a compromise of doubtful and disputed claims, and that the releases made herein are not to be construed as an admission or admissions of liability on the part of the Defendants, or any of them, and that the Defendants deny liability to Plaintiff and intend merely to avoid litigation and to buy their peace. Plaintiff agrees that she will forever refrain and forebear from commencing, instituting or prosecuting any lawsuit, action or other proceeding against Defendants , arising out of or in any way connected with the subject matter of this Release, other than as necessary to enforce the terms of the release. 5. Sunahara represents and warrants to Defendants that she has not heretofore assigned or transferred or purported to assign or transfer to any person, firm, corporation, 2 1699229.1