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prejudice and not seek any compensation for each other of any type whatsoever,including for
<br /> claimed damages, costs,or attomey's fees in connection with the matters encompassed in this
<br /> Agreement. Notwithstanding the foregoing,the City and Verdugo acknowledge and agree that the
<br /> Parties will separately negotiate: (1)possible tree removal of the tree at issue in the Action; (2)
<br /> removal of any landscaping on Verdugo's property that might be lifting the adjacent City sidewalk;
<br /> and (3)the possible insertion of root barriers or other means to prevent the lifting of the City
<br /> sidewalk by Verdugo's trees or landscaping. Any related future claims,issues,or liability
<br /> attributable to the aforementioned tree and landscaping(located adjacent to the City sidewalk) arc
<br /> not waived, dismissed,or resolved as a result of this Agreement. This exception is unaffected by,
<br /> and in no way modified by, the provisions of paragraphs 7 and 8 below.
<br /> 6. Verdugo represents that, with the exception of the cross-action filed in the Action,that she
<br /> has not filed any complaints,claims,or actions against the City including any of its officers,
<br /> agents,directors, supervisors,employees, or representatives of the City with any state,federal, or
<br /> local agency or court and that she will not do so at any time hereafter as it relates to this Action and
<br /> that if any agency or court assumes jurisdiction of any complaint, claim, or action against t h e
<br /> City on Verdugo's behalf,Verdugo will direct that agency or court to withdraw and dismiss the
<br /> matter with prejudice.
<br /> 7. 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
<br /> not know or suspect to exist in his or her favor at the time of executing
<br /> the release,which if known by him or her must have materially
<br /> affected his or her settlement with the debtor."
<br /> 8. Notwithstanding the provisions of Civil Code section 1542, each party hereby irrevocably
<br /> and unconditionally releases and forever discharges each other party and each and all of its officers,
<br /> agents,directors, supervisors, employees, representatives,insurance companies, any subsidiaries or
<br /> affiliates of said insurance companies,attorneys,successors and assigns and all persons acting by,
<br /> through,under, or in concert with each other party from any and all charges,complaints, claims, and
<br /> liabilities of any kind or nature whatsoever,known or unknown, suspected or unsuspected
<br /> (hereinafter referred to as"claim"or"claims")which each releasing party at any time heretofore
<br /> had or claimed to have or which each releasing party at any time hereafter may have or claim to
<br /> have, incidental to the incident(s) which form the basis of the Action and/or the respective cross-
<br /> complaints,with the sole exception of the item referenced in paragraph 5 above.
<br /> 9. Each person signing below represents that they have reviewed all aspects of this Agreement,
<br /> that the Agreement has been carefully read and fully explained to them and that they understand
<br /> every provision of this Agreement,that they understand that in agreeing to this document they are
<br /> releasing each party hereby from any and all claims they may have against each party released, that
<br /> they voluntarily agree to all the terms set forth in this Agreement, that they knowingly and
<br /> willingly intend to be legally bound by the same, that they were given the opportunity to
<br /> consider the terms of this Agreement and discussed them with legal counsel. Each party hereby
<br /> warrants that they have the authority to enter into this Agreement and bind the party for whose
<br /> benefit they execute this Agreement.
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