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(u) Parties agree that this Agreement and the payfawnt specified in
<br />subsection (b) above, constitutes fl41 laid contl?leis sattlemen.t and compromise o£ all claims lnaole
<br />against the City of SantaAm and Caprice Kirkpatrick in the Action, 1'lainti.Pf sllccifically agrees
<br />that by accepting the foregoing payment find rxeCliting this Agreenwnl, Plaintiff i; a��aivipg any
<br />and all actual or potential rights to any other claimed damages, coats, or attorneys fees in
<br />connection with the Action..
<br />(d) Plaintiff acknowledges and ngtees that 'Defundants have made no
<br />re}lrosenlations regarding tiie tax conseyueiaces of any amounts received ptfrsuant to this
<br />Agreement, Plaintiff agrees diallie/she and lze alone is liable for all taxes, if any, which are owed
<br />by him on ally amount reccived, hereunder including interest and penalties. Plaintiff will hold
<br />Defendants halinless from any and all claims made: by federal, state, or local taxing aufhorities or
<br />lien holders against Plailititff' on,unollnts Owed by hien.
<br />f111.12D: 'Plahrflf:'f repscsents that, with the exception of the Action, and the government
<br />tort claim associated ttterevvith and submitted to the City of Santa Ana, he has not filed any
<br />complaints, clanms, or actions against Defendants including any of its officers, agents, directors,
<br />supervisors, employees, or representatives; of Defendants with any slate, federal, or local apnoy
<br />or court and thai they will not do so at any time hereafter as it rclates to this Action and that if tiny
<br />agency or Court assumes jurisdiction of any complaint, claim, or action against Defendant, on
<br />PluiniifN behalf; Plaintiffwill direct that agency or court to withdraw and dismiss with prejudice
<br />the platter.
<br />1FOUJtFYI' The patties hereto) hereby agree that all .rights under Section 1,542 of the Civil
<br />Code of the State of California. are hereby waived. Civil Code Section 1542 provides cis Coltfws:.
<br />"tA lencral release does not extend to clainls which, the crafflor sloes not.know
<br />or suspect to exist in his or icer favor at the ilme of executing the release, which
<br />if known. by tliin OA- her 111astlltive mate.adally affected his or her settlement
<br />with the debtoA•,"
<br />FIFTH: Notwithstanding the Provisions of C.ivll Code section 1512, each party hereto
<br />hereby irrevocably and uncohditionally.rcteascs and forever discharges each other parts' and each
<br />and. all of its officers, agents, directors, supervisors, ctuploycos, agents, representatives, and its
<br />silaCussors and assigns and all personas acting by, through, under, c17 in concert with each other
<br />patty trom anyand all charges, coutplaints, claims, 4 and liabilities of anykind or nature whosoever,
<br />known or unkaowu; suspoCfcd or unsuspected (hereinafter referred to as "claim" or "claims")
<br />which each releasing party at any tine heretofore had or claimed to have or which each releasing
<br />party at any't.ime herealler May have or claim to have, incidental to the incident(s) Which pains
<br />Ole birds of the Action.
<br />P,Mli:.Fadl poison signing below represent;, that he/silo; has reviewed all aspects of•tlfis
<br />Agreement, that the Agreement has bceta carefully read and fully explained to them and that they
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