HERNANDEZ, HIGNACIO - Laserfiche WebLink

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(b) Claimant, HIGINIO HERNANDEZ, and Respondent, CITY OF SANTA ANA, agree that the foregoing constitutes mutual dismissals and full and complete settlement of all claims made against all parties pursuant to this incident. Claimant will not seek any further compensation for any other claimed damage, costs, or attorney's fees in connection with the matters encompassed in this Agreement. (c) Claimant acknowledges and agrees that the Respondent has made no representations regarding the tax consequences of any amounts received pursuant to this Agreement. Claimant agrees that he and he alone is liable for all taxes, if any, which are owed by him on any amount received hereunder including interest and penalties. Claimant will hold the Respondent harmless from any and all claims made by federal, state, or local taxing authorities or lien holders against Claimant on amounts owed by him. THIRD: Claimant represent that, with the exception of the government tort claim regarding the incident of June 6, 2012, he has not filed any complaints, claims, or actions against Respondent including any of its officers, agents, directors, supervisors, employees, or representatives of CITY OF SANTA ANA with any state, federal, or local agency or court and that they 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 the Respondent on Claimant's behalf, Claimant will direct that agency or court to withdraw and dismiss with prejudice the matter. FOURTH: 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 favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." FIFTH: 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 this lawsuit. SIXTH: 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 he /she and 2