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From: Mash Kazarouni Fax: (849) 407 -8721 To:
<br />Fax: +1 (714) 589.3033 Page 3 of 12 0212712014 10,47
<br />officers, agents, directors, supervisors, employees, or representatives of the City of Santa Ana or
<br />any portion of any recovery or settlement to which they may be entitled from Defendant, has
<br />been assigned or transferred to any person, entity or corporation in any manner, including by
<br />way of subrogation, transfer or operation of law. In the event that any claim, demand, suit or lien
<br />has or should have been made were instituted against the Defendant including the officers,
<br />agents, directors, supervisors, employees, or representatives because of any such purported
<br />assignment, subrogation, transfer or lien, PIaintiffs agree to indemnify and hold harmless the
<br />Defendant and the officers, agents, directors, supervisors, employees, or representatives of the
<br />City of Santa Ana against any such claim, suit, demand, and to pay and satisfy any such claim,
<br />suit, demand or lien, including expenses of investigation, attorney's fees and costs.
<br />FIFTH: The parties hereto hereby agree that all rights under Section 1542 of the
<br />Civil Code of the State of California are hereby waived. Civil Code Section 1542 provides as
<br />follows:
<br />"A general release does not extend to claims which the creditor does not
<br />know or suspect to exist in his favor at the time of executing the release,
<br />which if larown by him must have materially affected his settlement with the
<br />debtor."
<br />SIXTH: Notwithstanding the provisions of Civil Code section 1542, each party
<br />hereby irrevocably and unconditionally releases and forever discharges each other party and each
<br />and all of its officers, agents, directors, supervisors, employees, representatives, and its
<br />successors and assigns and all persons acting by, through, under, or in concert with each other
<br />party from any and all charges, complaints, claims, and liabilities of any kind or nature
<br />whatsoever, known or unknown, suspected or unsuspected (hereinafter referred to as "claim" or
<br />"claims ") which each releasing party at any time heretofore had or claimed to have or which each
<br />releasing party at any thne hereafter may have or claim to have, incidental to the incident(s)
<br />which form the basis of this lawsuit.
<br />SEVENTH: Each person signing below represents that he /she has reviewed all
<br />aspects of this Agreement, that the Agreement has been carefully read and fiully explained to
<br />he /she and that he /she understands all the provisions of this Agreement, that he /she understaads
<br />that in agreeing to this document be /she is releasing each party hereby from any and all claims
<br />he /she may have against each party released, that he /she voluntarily agrees to all the terms act
<br />forth in this Agreement, that he/she knowingly and willingly intends to be legally bound by the
<br />same, that he /she was given the opportunity to consider the terns of this Agreement and
<br />discussed them with legal counsel,
<br />EIGHTH: The Parties hereto represent and acknowledge that in executing this
<br />Agreement they do not rely and have not relied upon any representation or statement made by
<br />any of the parties or by any of the parties' agents, attorneys, or representatives with regard to the
<br />
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