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regarding the tax consequences of any amounts received pursuant to this Agreement. Plaintiff <br />agrees that he/she and he/she alone is liable for all taxes, if any, which are owed by him/her on <br />any amount received hereunder including interest and penalties. Plaintiff will hold Defendants <br />harmless from any and all claims made by federal, state, or local taxing authorities or lien holders <br />against Plaintiff on amounts owed by him/her. <br />6. Plaintiff represents that, with the exception of this Action and the government tort <br />claim associated therewith and submitted to the City of Santa Ana, h e / she 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 <br />agency or court and that he/she will not do so at any time hereafter as it relates to this Action <br />and that if any agency or court assumes jurisdiction of any complaint, claim, or action against <br />Defendants on Plaintiff s behalf, Plaintiff will direct that agency or court to withdraw and dismiss <br />the matter with prejudice. <br />7. 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 follows: <br />"A general release does not extend to claims which the creditor does not know <br />or suspect to exist in his or her favor at the time of executing the release, which <br />if known by him or her must have materially affected his or her settlement with <br />the debtor." <br />8. 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 <br />of its officers, agents, directors, supervisors, employees, representatives, and its successors and <br />assigns and all persons acting by, through, under, or in concert with each other party from any and <br />all charges, complaints, claims, and liabilities of any kind or nature whatsoever, known or unknown, <br />suspected or unsuspected (hereinafter referred to as 'claim" or "claims") which each releasing party <br />at any time heretofore had or claimed to have or which each releasing party at any time hereafter <br />may have or claim to have, incidental to the incident(s) which form the basis of the Action. <br />9. Each person signing below represents that he/she has reviewed all aspects of this <br />Agreement, that the Agreement has been carefully read and fully explained to them and that they <br />understand every provision of this Agreement, that they understand that in agreeing to this <br />document they are releasing each party hereby from any and all claims they may have against each <br />party released, that they voluntarily agree to all the terms set forth in this Agreement, that they <br />knowingly and willingly intend to be legally bound by the same, that they were given the <br />opportunity to consider the terms of this Agreement and discussed them with legal counsel. Each <br />party hereby warrants that they have the authority to enter into this Agreement and bind the party <br />for whose benefit they execute this Agreement. <br />Page 2 of 4 <br />