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encompassed in this Agreement. 5. Plaintiff acknowledges and agrees that Defendants have made no representations regarding the tax consequences of any amounts received pursuant to this Agreement. Plaintiff agrees that he/she and he/she alone is liable for all taxes, if any, which are owed by bfir/her on any amount received hereunder including interest and penalties. Plaintiff will hold Defendants harmless from any and all claims made by federal, state, or local taxing authorities or lien holders against Plaintiff on amounts owed by him/her. 6. Plaintiff represents that,with the exception of this Action and the government tort claim associated therewith and submitted to the City of Santa Ana, h e/she has not filed any complaints, claims, or actions against Defendants including any of its officers, agents, directors, supervisors, employees, or representatives of Defendants with any state, federal, or local agency or court and that he/she 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 Defendants on Plaintiff s behalf, Plaintiff will direct that agency or court to withdraw and dismiss the matter with prejudice. 7. Plaintiff represents and warrants that she is not, and has never been, a Medicare beneficiary, and was not and is not Medicare eligible. Plaintiff further represents and warrants that she has not applied for Medicare benefits and that Medicare has not made conditional payments for any medical expense or prescription expense related to any claim as set forth in the Action, Plaintiff further agrees and acknowledges that releasees are relying upon Plaintiff's representations concerning her eligibility and receipt of Medicare benefits, as well as the status of Medicare's potential claim for reimbursement, Plaintiff acknowledges and agrees that the parties hereto have taken reasonable steps from the beginning of this Action to protect the interests of Medicare and that it is Plaintiff's responsibility,not the responsibility of releasees, to reimburse Medicare for all conditional payments made, if any. &. 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." 9. 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 of any 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 incident(s)which form the basis of the Action. 10. Each person signing below represents that he/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 Agreement, that they understand that in agreeing to this Page 2 of 5