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by way of subrogation, transfer or operation of law. In the event that any claim, demand,
<br />suit or lien has or should have been made were instituted against the Defendant including
<br />its officers, agents, directors, supervisors, employees, or representatives because of any
<br />such purported assignment, subrogation, transfer or lien, Plaintiff agrees to indemnify and
<br />hold harmless the Defendant and the officers, agents, directors, supervisors, employees,
<br />or representatives of the City of Santa Ana against any such claim, suit, demand, and to
<br />pay and satisfy any such claim, suit, demand or lien, including expenses of investigation,
<br />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
<br />provides as follows:
<br />"A general release does not extend to claims which the creditor does
<br />not know or suspect to exist in his or her favor at the time of executing
<br />the release, which if known by him or her must have materially
<br />affected his or her settlement with the debtor."
<br />SIXTH: Notwithstanding the provisions of Civil Code section 1542, each
<br />party hereby irrevocably and unconditionally releases and forever discharges each other
<br />party and each and all of its officers, agents, directors, supervisors, employees,
<br />representatives, and its successors and assigns and all persons acting by, through, under,
<br />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
<br />unsuspected (hereinafter referred to as "claim" or "claims") which each releasing party at
<br />any time heretofore had or claimed to have or which each releasing party at any time
<br />hereafter may have or claim to have, incidental to the incident(s) which form the basis of
<br />this lawsuit.
<br />SEVENTH: Each person signing below represents that they have
<br />reviewed all aspects of this Agreement, that the Agreement has been carefully read and
<br />fully explained to them and they understand all the provisions of this Agreement, that
<br />they understand that in agreeing to this document they are releasing each party hereby
<br />from any and all claims against each party released, that they voluntarily agree to all the
<br />terms set forth in this Agreement, that they knowingly and willingly intend to be legally
<br />bound by the same, that they were given the opportunity to consider the terms of this
<br />Agreement and discuss them with legal counsel.
<br />EIGHTH: The Parties hereto represent and acknowledge that in executing
<br />this Agreement they do not rely and have not relied upon any representation or statement
<br />made by any of the parties or by any of the parties' agents, attorneys, or representatives
<br />3
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