|
state, or local taxing authorities or lien holders against Plaintiff on amounts owed by it.
<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 Plaintiff's attorneys are indebted. Plaintiff further
<br />acknowledges that Plaintiff and not the City is responsible for compromising any liens related to, or
<br />arising from, this Action., I
<br />1,< (Plaintiff's Representatives 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, Plaintiff has not filed any complaints,
<br />claims, or actions against Defendant including any of its officers, agents, directors, supervisors,
<br />employees, or representatives of Defendant with any state, federal, or local agency or court and that it
<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 Defendant 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, as relates to the Action. Civil Code section 1542 provides as
<br />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 parry 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, Defwidant and Plaintiff
<br />acknowledge that that this Release specifically excludes any claims that Defendant has or may have
<br />against Gerry Serrano. In addition, Defendant and Plaintiff acknowledge and agree that this release
<br />extends only to this Action, SANTA ANA POLICE OFFICERS ASSOCIATION et al v CITY OF
<br />SANTAANA, of al., Case No. 30-2021-01230129. No other actions by the Plaintiff are being dismissed
<br />or released in any way.
<br />10. Each person signing below represents that they have 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 document
<br />they are releasing each party hereby from any and all claims they may have against each party released,
<br />that they voluntarily agree to all the terms set forth in this Agreement, that they knowingly and
<br />willingly Intend to be legally bound by the "same; that they were given the
<br />opportunity to consider the teens of this Agreement and discussed them with legal counsel. Each party
<br />hereby warrants that they have the authority to enter into this Agreement and bind the party for whose
<br />Page 2 of 4
<br />
|