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6.1.G. - Page 4 GENERAL AND SPECIAL RELEASE <br /> 4.5 It is not the intention of Plaintiff or Defendants in this case to shift the <br /> responsibility for paying any future medical expenses which may be related to <br /> Plaintiff's injuries and may be made the basis of a claim to the Federal Government. <br /> The Parties have considered and protected Medicare's interests in the settlement of <br /> this case. <br /> 5. RELEASES. Except as to such rights as are created or preserved by this <br /> Agreement, in consideration for the payments described in Section 4.1-4.4, above, Plaintiff <br /> (hereinafter called the "Releasor"), does hereby forever release and discharge Defendants, <br /> and any of their respective subsidiaries, subdivisions, parent corporations, officers, directors, <br /> agents, insurers, reinsurers, attorneys, servants or employees, and all others (hereinafter <br /> collectively called the "Releasees") from any and all actions, causes of action, obligations, <br /> costs, damages, losses, claims, liabilities and demands (including claims arising out of <br /> contract), arising out of or in any way connected with or resulting from the accident which <br /> allegedly occurred on January 16, 2013 on or about 2448 Oregon Avenue in Redwood City, <br /> California, and all of those matters set forth in the Subject Action, as a result of which <br /> personal injury and other loss and damage were alleged to have been sustained by Plaintiff. <br /> 6. RISK OF UNKNOWN CLAIMS. Plaintiff acknowledges that there is a risk <br /> that subsequent to the execution of this Agreement, Plaintiff may discover, incur or suffer claims <br /> which were unknown or unanticipated at the time this Agreement is executed, including, without <br /> limitation, unknown or unanticipated claims which arise from, are based upon, or are related to <br /> the Subject Action or some aspect thereof, which if known by Plaintiff on the date of this <br /> Agreement being executed, may have materially affected Plaintiff's decision to execute this <br /> Agreement. Plaintiff expressly assumes the risk of such unknown and unanticipated claims and <br /> agrees that the releases provided in this Agreement apply to all such claims. <br /> 7. WAIVER OF UNKNOWN CLAIMS. Plaintiff acknowledges that he has <br /> read and is familiar with Civil Code §1542 which states: <br /> A general release does not extend to claims which the creditor does not <br /> know or suspect to exist in his or her favor at the time of executing the <br /> release, which if known by him or her must have materially affected his <br /> or her settlement with the debtor. <br /> Plaintiff waives and relinquishes all rights and benefits which he has or may have under <br /> Section 1542 of the California Civil Code. <br /> 8. TENDERING PAYMENT TO PLAINTIFF AND DISMISSAL TO <br /> DEFENDANTS. When all of the conditions precedent to this Agreement have been satisfied <br /> (except such as may be waived as specified herein), and when a fully executed copy of this <br /> agreement has been provided to the parties hereto, Plaintiff's counsel shall deliver an executed <br /> Request for Dismissal with prejudice of Defendants to Defendants' attorneys. Upon receipt of <br /> the fully executed and notarized Agreement and Request for Dismissal of Prejudice, <br /> Defendants shall disburse the Settlement Funds to Plaintiff's attorneys. Defendants represent <br /> that they will not file said Request for Dismissal with Prejudice with the Court until <br /> Plaintiff's attorneys confirm receipt of the Settlement Funds. <br /> -2- <br />