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LEBRES-ROSALES, DANIEL
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LEBRES-ROSALES, DANIEL
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Last modified
1/24/2023 4:11:37 PM
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1/24/2023 4:11:08 PM
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Contracts
Company Name
LEBRES-ROSALES, DANIEL
Contract #
N-2023-020
Agency
City Attorney's Office
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6. Plaintiff acknowledges and agrees that Defendants have made no representations <br />regarding the tax consequences of any amounts received pursuant to this Agreement. Plaintiff agrees <br />that he and he alone is liable for all taxes, if any, which are owed by her on any amount received <br />hereunder including interest and penalties. Plaintiff will hold Defendants harmless from any and all <br />claims made by federal, state, or local taxing authorities or lien holders against Plaintiff on amounts <br />owed by her. <br />7. Plaintiff agrees that he and he along will be responsible for any known or unknown liens <br />for medical care related to, or arising from, the circumstances that gave rise to this Action. Plaintiff <br />expressly agrees to hold Defendants harmless from any and all claims, if any, made by any lien holders <br />against Plaintiff on amounts owed by him for any kind of medical care. <br />8. Plaintiff represents that, with the exception of this Action and the government tort claim <br />associated therewith and submitted to the City of Santa Ana, he has not filed any complaints, <br />claims, or actions against Defendants including any of its officers, agents, directors, supervisors, <br />employees, or representatives of Defendants with any state, federal, or local agency or court and that he <br />will not do so at any tine hereafter as it relates to this Action and that if any agency or court assumes <br />jurisdiction of any complaint, claim, or action against Defendants on Plaintiff's behalf, Plaintiff will <br />direct that agency or court to withdraw and dismiss the matter with prejudice. <br />9. The Parties hereto hereby agree that all rights under Section 1542 of the Civil Code of the <br />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 or <br />suspect to exist in his or her favor at the time of executing the release, which if <br />known by him or hermust have materially affected his or her settlementwith the <br />debtor." <br />10. 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 all of its <br />officers, agents, directors, supervisors, employees, representatives, and its successors and assigns and <br />all persons acting by, through, under, or in concert with each other party from any and all charges, <br />complaints, claims, and liabilities of any kind or nature whatsoever, known or unknown, suspected or <br />unsuspected (hereinafter referred to as "claim" or "claims') which each releasing party at any time <br />heretofore had or claimed to have or which each releasing party at any time hereafter may have or claim <br />to have, incidental to the incident(s) which form the basis of the Action. <br />11. Each person signing below represents that he has reviewed all aspects of this Agreement, <br />that the Agreement has been carefully read and frilly explained to them and that they understand every <br />provision of this Agreement, that they understand that in agreeing to this document they are releasing <br />each party hereby from any and all claims they may have against each party released, that they <br />voluntarily agree to all the terms set forth in this Agreement, that they knowingly and willingly <br />intend to be legally bound by the same, that they were given the opportunity to consider the terms <br />of this Agreement and discussed them with legal counsel. Each party hereby warrants that they have the <br />authority to enter into this Agreement and bind the party for whose benefit they execute this Agreement. <br />Page 2 of 4 <br />
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