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5, Separate and apart from tax liens,Plaintiff will hold the;City harmless from any at,([ all lien
<br /> holders ofany kind, including lions for medical care or medical expenses owed to private insurance
<br /> companies, Mcdd-Care or Medi-Gal,or any other medical providers, to whom Plaintiff or his attorneys
<br /> are indebted. Plaintiff further acknowledges that lie and not the City is responsible For compromising any
<br /> liens rotated to, or arising fi-om,this:Action. � �.—
<br /> Kii—intifl''s Initials
<br /> 6. Plaintiff represents that, with the exception of this Action and the government tort claim
<br /> associated therewith and submitted to the City of Santa Aria, as well as any claim for workers'
<br /> compensation benefits,he has not fled any complaints, claim,,,,, or actions against Dcfendant
<br /> including any of its officers, agents, directors, supervisors, eniployees,or representatives of
<br /> Defendant with any state, federal,or local agency or court and that he will not fitle any additional
<br /> clain"is hereafter as it relates to this Action and that" if arty agency or court assumes Jurisdiction of
<br /> any new complaint, claim, or action against Defendant on.Plaintiffs behalf, Plaintiff will direct
<br /> that agency or court to withdraw and dismiss the matter with prejudice.
<br /> 7. The Patties hereto hereby agree that sill rights under Section 1542 of the Civil Code of the
<br /> State of California.are hereby waived. Civil Core S.cction 1542 provides as follows;
<br /> "A general release does not extend to claims that the creditor or
<br /> releasing party does not know or suspect to exist ill his ter her favor at
<br /> the daze of execrating,the release and that,if known l>y him or her,
<br /> would have Materially affected his or lter settlement with the debtor or
<br /> released party."
<br /> $, Notwithstanding the provisions of Civil Code section 1.542., each party hereby irrevocably
<br /> and unconditionally releases and:brever discharges each other party and each and all of its officers,
<br /> agents, directors, supervisors, employees, ropa'esentattVLS,.insurance Goinpani.es,any stnbsicliaries or
<br /> affiliates of said insurance companies, attorneys,sucees,sor's and assigns and all persons acting by,
<br /> through,Ender, or in concert with each other party from any and all charges, compl.ajats, claims,and
<br /> liabilities of airy kind or nature whatsoever, known or unknown, suspected of unsuspected
<br /> (here nafter referred to as"claim"or"claims") which each releasing party at any time heretofore
<br /> had or clainied to hovo or which each releasing party at ally tinge heietiftcr May Have or Claim to
<br /> Have,incidental to the incident(s) which form the basis.of the Action. Nothing in this. Agreement
<br /> shall affect Plaintiffs pending workers' compensation claim(s), if any, in terms of benefits,
<br /> paytxtcuts and/or credits.
<br /> 9. Each person sighing below represents that lie or she has reviewed all aspects of this
<br /> Agreement, that the Agreement has been carefully react and frilly explained to them and that they
<br /> understand every provision of this Agreement,that they understand that in agreoing to this
<br /> docnnnent they are releasing each party hereby from any and all claims they may have against each
<br /> party released, that they voluntarily agree to all the terms set forth in this Agreement, that they
<br /> knowingly and willingly intend to be legally bound by the same, that they were given the
<br /> opportunity to consider the terms of this Agreement and discuss them with legal counsel, Each
<br /> party hereby warrants that they have the authority to enter into this Agreement and bind the party
<br /> for whose benefit they exec;utc;this.Agreement.
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