Laserfiche WebLink
is liable for all taxes, if any, which are owed by it on any amount received hereunder including interest <br />and penalties. Plaintiff will hold Defendant harmless from any and all claims made by federal, state, or <br />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 arising <br />from, this Action. <br />(Plaintiff's Representatives Initiates) <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, claims, <br />or actions against Defendant including any of its officers, agents, directors, supervisors, employees, or <br />representatives of Defendant with any state, federal, or local agency or court and that it will not do so at <br />any time hereafter as it relates to this Action and that if any agency or court assumes jurisdiction of any <br />complaint, claim, or action against Defendant on Plaintiff's behalf, Plaintiff will direct that agency or court <br />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 with respect to this Action only, Civil Code Section 1542 provides <br />as follows: <br />"A general release does not extend to claims which the creditor does not know or <br />suspect eo 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 dchtor.l' <br />9. Notwithstanding the provisions of Civil Code section 1542, each party hereby irrevocably <br />and unconditionally releases and forever discharges each other party and each and all of its officers, <br />agents, directors, supervisors, employees, representatives, and its successors and assigns and all persons <br />acting by, through, under, or in concert with each other party from any and all charges, complaints, <br />claims, and liabilities of any kind or nature whatsoever, known or unknown, suspected or unsuspected <br />(hereinafter referred to as "claim" or "claims") which each releasing party at any heretofore had or <br />claimed to have or which each releasing party at any time hereafter may have or claim to have, in the <br />Action. Defendant and Plaintiff acknowledge and agree that this Agreement only releases and extends to <br />claims in this Action, SANTA ANA POLICE OFFICERS ASSOCIATION and DOE OFFICERS v. <br />CITY OF SANTA ANA et al., Case No, 30-2021-01230134. No other actions by the Plaintiff or <br />Defendant are being dismissed or released in any way. <br />10. Each person signing below represents that they have 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 each <br />party hereby from any and all claims they may have against each party released, that they voluntarily agree <br />to all the terms set forth in this Agreement, that they knowingly and willingly intend to be legally bound <br />by the same, that they were given the opportunity to consider the terms of this Agreement and discussed <br />them with, legal counsel, Each party hereby warrants that they have the authority to enter into this <br />Agreement and bind the party for whose benefit they execute this Agreement. Plaintiff acknowledges it is <br />represented by counsel in the Action and the terns of this Agreement have been relayed to it's <br />Page 2 of 4 <br />