MARBAN, ENRIQUE - Laserfiche WebLink

Home Browse Search

City. The City will only share the dates that Marban was employed by the City and his title during those Years. 6. Within 30 days of the execution of this Agreement by all parties and receipt of fully executed W-9 form. City will make available a check in the amount of eighty-two thousand five hundred dollars ($82,500.00) made payable to "Enrique Marban" care of his legal counsel. This monetary amount represents a full and complete settlement of Marban's claims in the Action. 7. Marban agrees that this Agreement constitutes full and complete settlement of all claims made against City. Marban will not seek any further compensation for any other claimed damages, costs, or attorneys fees in connection with the matters encompassed in this Agreement. 8. Marban acknowledges and agrees that City has made no representations regarding the tax consequences of any amounts received pursuant to this Agreement. Marban agrees that he and he alone is liable for all taxes, if any, which are owed by him/her on anyamount, received hereunder including interest and penalties. Marban will hold City harmless from any and all claims made by federal, state, or local taxing authorities or lien holders against Marban on amounts owed by him/her. 9. Marban represents that, with the exception of this Action and any government tort claim associated therewith and submitted to the City of Santa Ana, he has not filed any complaints, claims, or actions against City including any of its officers, agents, directors, supervisors, employees, or representatives of City with any state, federal. or local agency or court and that he will not do so at any time hereafter as it relates to this Action and that if any agency or court assumes jurisdiction of any complaint, claim, or action against City on Marban's behalf, Marban will direct that agency or court to withdraw and dismiss the matter with prejudice. 10. The Parties hereto hereby agree that all rights under Section 1542 of the Civil Code of the State of California are hereby waived. Civil Code Section 1542 provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." l I. Notwithstanding the provisions of Civil Code section 1542, each party hereby irrevocably and unconditionally releases and forever discharges each other party and each and all of its officers, agents, directors, supervisors, employees, representatives, and its successors and assigns and all persons acting by, through, under, or in concert with each other party from any and all charges, complaints, claims, and liabilities ofany kind or nature whatsoever, known or unknown, suspected or unsuspected (hereinafter referred to as "claim" or "claims") which each releasing party at any time heretofore had or claimed to have or which each releasing party at any time hereafter may have or claim to have, incidental to the inciticnt(s) which form the basis of the Action. 12. Each person sibling below represents shut she has reviewed all aspects of this Agreement, that the Agreement has been carefully read and fully explained to them and that they understand every provision of this Ageemcnt, that they understand that in agreeing to this document they are releasing each party hereby from any and all claims they may have against each party released, that they voluntarily agree to all the terms set forth in this Agreement, that they knowingly and willingly Page 2 of ( fft