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state, or local taxing authorities against Plaintiff on amounts owed by them,
<br /> 5. Separate and apart from tax liens, Plaintiff will hold Defendants harmless from any and all lien
<br /> holders of any kind, including liens for medical care or medical expenses owed to private insurance
<br /> companies,Medi-Care or Medi-Cal,or any other medical providers, to whom Plaintiff or his attorneys
<br /> are indebted. Plaintiff further acknowledges that he and not the Defendants are responsible for
<br /> compromising any liens related to, or arising from,this Action.
<br /> P Plaintiffs Initials
<br /> G. 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,he has not filed any complaints,
<br /> claims, or actions against Defendants including any of its officers, agents, directors, supervisors,
<br /> employees, or representatives of Defendants with any state,federal, or local agency or court and
<br /> that he will not do so at any time hereafter as it relates to this Action and that if any agency or
<br /> court assumes jurisdiction of any complaint, claim, or action against Defendants on Plaintiffs
<br /> behalf,Plaintiff will direct that agency or court to withdraw and dismiss the matter with prejudice.
<br /> 7. The Parties hereto hereby agree that all rights under Section 1542 of the Civil Code of the
<br /> State of California are hereby waived. Civil Code Section 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 in his or her favor at
<br /> the time of executing the release and that,if known by him or her,
<br /> would have materially affected his or her settlement with the debtor or
<br /> released party."
<br /> 8. 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, insurance companies, any subsidiaries or
<br /> affiliates of said insurance companies, attorneys, successors and assigns and all persons acting by,
<br /> through, under,or in concert with each other party from any and all charges,complaints,claims, and
<br /> 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 time heretofore
<br /> had or claimed to have or which each releasing party at any time hereafter may have or claim to
<br /> have, incidental to the incident(s)which form the basis of the Action.
<br /> 9. Each person signing below represents that he/she has 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
<br /> document 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 execute this Agreement.
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