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SERRANO-ATONAL, ARTURO
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Last modified
7/11/2024 2:52:54 PM
Creation date
7/11/2024 2:51:30 PM
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Contracts
Company Name
SERRANO-ATONAL, ARTURO
Contract #
N-2024-229
Agency
City Attorney's Office
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5. Plaintiff acknowledges and agrees that Defendants have made no representations <br /> regarding the tax consequences of any amounts received pursuant to this Agreement. Plaintiff <br /> agrees that he and he alone is liable for all taxes, if any, which are owed by him on any amount <br /> received hereunder including interest and penalties. Plaintiff will hold Defendants harmless from <br /> any and all claims made by federal, state,or local taxing authorities or lien holders against <br /> Plaintiff on amounts owed. <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, he has not filed any <br /> complaints, claims, or actions against Defendants including any of its officers, agents, directors, <br /> supervisors,employees,or representatives of Defendants with any state, federal,or local agency or <br /> court and that he will not do so at any time hereafter as it relates to this Action and that if any <br /> agency or court assumes jurisdiction of any complaint, claim, or action against Defendants on <br /> Plaintiffs behalf, Plaintiff will direct that agency or court to withdraw and dismiss the matter with <br /> 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 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 />
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