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SARIN, SOFIA
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Last modified
5/8/2023 2:07:27 PM
Creation date
5/8/2023 2:06:35 PM
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Contracts
Company Name
SARIN, SOFIA
Contract #
N-2023-110
Agency
City Attorney's Office
Destruction Year
0
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5. California Civil Code Section 1542 Waiver. With respect to the released Claims <br />set forth herein, the Parties, and each of them, acknowledge that they have been advised by legal <br />counsel and are familiar with theprovisions of California Civil Code Section 1542, which provides <br />as follows: <br />"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT <br />THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR <br />SUSPECT TOEXIST IN HIS OR HER FAVOR AT THE TIME OF <br />EXECUTING THE RELEASE, AND THAT, 1F KNOWN BY HIM OR <br />HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER <br />SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY." <br />THE SETTLING PARTIES. BEING AWARE OF SAID CODE SECTION, HEREBY <br />EXPRESSLY WAIVE ANY RIGHTS THEY MAY HAVE THEREUNDER, AS WELL AS <br />UNDER ANY OTHER STATUTES OR COMMON LAW PRINCIPLES OF SIMILAR <br />EFFECT PERTAININGTO THE RELEASED CLAIMS. <br />The Parties, and each of them, represent and warrant to the other that they execute this <br />Agreement with full knowledge of any and all rights which they may have by reason of any of <br />the matters described herein and they have received herein. Each Part hereby ereby further assumes <br />the risk of mistake of fact in connection with the true facts involved in connection with the <br />matters described Herein, and with respect to any facts which are now unknown to them relating <br />thereto, and agrees that this Agreement shall be in all respects enforceable and not subject to <br />termination or rescission by any such difference in facts. <br />6. Predecessor ecessors and Assigns. This Agreement and all terms, conditions, <br />and obligations contained herein, including, but not limited to, the release of Claims set forth <br />herein, are binding upon all persons having or acquiring any right or title in the Property, including <br />any leasehold interest, or any part thereof, and any assigns and successors -in -interest of the Parties. <br />7. Warrant. Each of the Parties represents and warrants that none of the Claims <br />or causes ofaction being released herein has been transferred, assigned, or otherwise conveyed to <br />any other person or entity, and each of the Parties is the holder of the Claims being released by <br />that Party. <br />8, Representations. Each Party further represents and warrants, as to itself, but not <br />as to anyother Party, as follows: <br />(a) Each Party has received or has had the opportunity to receive independent legal <br />advice fromattorneys of such Party's choice with respect to the advisability of executing this <br />Agreement and the releases provided for herein, and prior to the execution of this Agreement by <br />each Party, that Party's attorney, if any, reviewed this Agreement and discussed the Agreement <br />with such Party, and the Party has made all desired changes. <br />(b) Except as expressly stated in this Agreement, each Party represents and warrants <br />that it hasnot made any statement or representation to any other Party regarding any facts relied <br />
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