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3. Claimant represents that,with the exception of the Claim and/or a Citizen's Complaint <br /> submitted to City, he has not filed any complaints, claims, or actions against City, including any <br /> police officers, officers, agents, directors, supervisors, employees, or representatives of City with <br /> any state, federal, or local agency or court and that he will not do so at any time hereafter as it <br /> relates to the Claim and that if any agency or court assumes jurisdiction of any complaint, <br /> claim, or action against City on Claimant's behalf, Claimant will direct that agency or court to <br /> withdraw and dismiss the matter with prejudice. <br /> 4. 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 states: <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 /> 5. 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 Claim. <br /> 6. 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 hereto 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 />