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CASTENEDA, ALEJANDRO MORA
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CASTENEDA, ALEJANDRO MORA
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1/6/2025 3:53:32 PM
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Contracts
Company Name
CASTENEDA, ALEJANDRO MORA
Contract #
A-2024-217
Agency
City Attorney's Office
Council Approval Date
12/17/2024
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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 agrees <br />that he and he alone is liable for all taxes, if any, which are owed by him/her on any amount received <br />hereunder including interest and penalties. Plaintiff will hold Defendants harmless from any and all <br />claims made by federal, state, or local taxing authorities or lien holders against Plaintiff on amounts <br />owed by him/her. <br />6. Plaintiff will hold the City harmless from any and all lien holders of any kind, including <br />liens for medical care or medical expenses owed to private insurance companies, Medi-Care or Medi-Cal, <br />or any other medical providers, to whom Plaintiff or his attorneys are indebted. Plaintiff further <br />acknowledges that he/she and not the City is responsible for compromising any liens related to, or arising <br />from, this Action. <br />Amc (Plaintiffs Initials) <br />7. Plaintiff represents that, with the exception of this Action and the government tort claim <br />associated therewith and submitted to the City of Santa Ana, he has not filed any complaints, <br />claims, or actions against Defendants including any of its officers, agents, directors, supervisors, <br />employees, or representatives of Defendants with any state, federal, or local agency or court and that he <br />will not do so at any time hereafter as it relates to this Action and that if any agency or court assumes <br />jurisdiction of any complaint, claim, or action against Defendants on Plaintiff's behalf, Plaintiff will <br />direct that agency or court to withdraw and dismiss the matter with prejudice. <br />8. 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 not know or <br />suspect to exist in his or her favor at the time of executing the release, which if <br />known by him or her must have materially affected his or her settlement with the <br />debtor." <br />9. 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 of its <br />officers, agents, directors, supervisors, employees, representatives, and its successors and assigns and <br />all persons acting by, through, under, or in concert with each other party from any and all charges, <br />complaints, claims, and liabilities of any kind or nature whatsoever, known or unknown, suspected or <br />unsuspected (hereinafter referred to as 'claim" or 'claims") which each releasing party at any time <br />heretofore had or claimed to have or which each releasing party at any time hereafter may have or claim <br />to have, incidental to the incident(s) which form the basis of the Action. <br />10. Each person signing below represents that he has reviewed all aspects of this Agreement, <br />that the Agreement has been carefully read and fully explained to them and that they understand every <br />provision of this Agreement, that they understand that in agreeing to this document they are releasing <br />each party hereby from any and all claims they may have against each party released, that they <br />voluntarily agree to all the terms set forth in this Agreement, that they knowingly and willingly <br />intend to be legally bound by the same, that they were given the <br />Page 2 of 4 <br />
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