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VALDEZ GONZALEZ, IRINEA
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Last modified
11/5/2024 2:48:30 PM
Creation date
11/5/2024 2:48:30 PM
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Contracts
Company Name
VALDEZ GONZALEZ, IRINEA
Contract #
A-2024-186
Agency
City Attorney's Office
Council Approval Date
8/20/2024
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Docusign Envelope ID:26BF3BD1-6267-45AC-A6F2-4F24D897E857 <br /> 4. 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/she and he/she alone is liable for all taxes, if any, which are owed by his/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 regarding <br /> amounts owed by Plaintiff. <br /> 5. Plaintiff will hold the City harmless from any and all lien holders of any kind, <br /> including liens for medical care or medical expenses owed to private insurance companies,Medi- <br /> Care or Medi-Cal, or any other medical providers, to whom Plaintiff is indebted. Plaintiff further <br /> acknowledges that he/she and not the City is responsible for compromising any liens related to, or <br /> arising from,this Action. <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/she 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 they 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 Code <br /> 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 or <br /> suspect to exist in his or her favor at the time of executing the release,which if known <br /> by him or her must have materially affected his or her settlement with 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 had the opportunity to discuss this <br /> Agreement with legal counsel. Each party hereby warrants they have the authority to enter into <br /> this Agreement and bind the party for whose benefit they execute this Agreement. Plaintiff <br /> acknowledges he/she is represented by counsel in the Action and the terms of this Release have <br /> Page 2 of <br />
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