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Docusign Envelope ID: 32750424-8211-46D5-9003-858914871428
<br />or unknown, suspected or unsuspected, that were, or might, or could have been alleged in connection with
<br />an incident that occurred on or about June 11, 2023.
<br />5. Plaintiff acknowledges that the foregoing amounts to be paid by Defendants represent the
<br />Defendants' full and complete settlement of Plaintiff s claims for all damages alleged in the Action.
<br />The City will file the Request for Dismissal following confirmation that counsel for Plaintiff has
<br />received the checks from both Defendants.
<br />6. Plaintiff agrees that this Agreement constitutes full and complete settlement of all claims
<br />made against Defendants in this Action. Plaintiff will not seek any further compensation for any
<br />other claimed damages, costs, or attorney's fees in connection with the matters encompassed in this
<br />Agreement.
<br />7. Plaintiff hereby agrees that all rights under Section 1542 of the Civil Code of the State of
<br />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, Plaintiff hereby irrevocably and
<br />unconditionally releases and forever discharges each party to this Action and each and all of their
<br />officers, agents, directors, supervisors, employees, representatives, insurance companies, any
<br />subsidiaries or affiliates of said insurance companies, attorneys, successors and assigns and all
<br />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
<br />or unsuspected (hereinafter referred to as "claim" or "claims") which Plaintiff 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.
<br />9. Plaintiff acknowledges and agrees that the Defendants have made no representations
<br />regarding the tax consequences of any amounts received pursuant to this Agreement. Plaintiff agrees
<br />that he/she and he/she alone is liable for all taxes, if any, which are owed by him/her on any amount
<br />received hereunder including interest and penalties. Plaintiff will hold the Defendants harmless from any
<br />and all claims made by federal, state, or local taxing authorities.
<br />10. Plaintiff will hold the Defendants harmless from any and all lien holders of any kind, specifically
<br />liens for medical care or medical expenses, owed to insurance companies, Medi-Care or Medi-Cal, or
<br />any other medical providers, to whom Plaintiff is indebted. Plaintiff further acknowledges that he/she
<br />and not *Befendants are responsible for compromising any liens related to, or arising from, this
<br />Action. ,��
<br />(Plaintiff's Initials)
<br />11. Plaintiff represents that, with the exception of this Action and the government tort claim
<br />associated therewith and submitted to the City, he/she has not filed any complaints, claims, or
<br />actions against the City including any of its officers, agents, directors, supervisors, employees, or
<br />representatives of the City with any state, federal, or local agency or court and that he/she will not
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<br />December 27, 2024
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