AgdaPkt 2016-04-25 Closed and Joint SA PFA

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GENERAL AND SPECIAL RELEASE 6.1.G. - Page 5 9. REPRESENTATIONS, COVENANTS AND WARRANTIES BY PLAINTIFF. Plaintiff represents, covenants, and warrants: (1) that he has not assigned, transferred, encumbered or otherwise impaired his rights to settle his claims released by this Agreement; (2) that he has engaged no other attorneys to represent him in the Subject Action and that no other attorneys are entitled to liens or attorney's fees on any recovery in the Subject Action; and(3)that he will pay or resolve all known medical and dental liens. 10. INDEMNIFICATION. In addition to and without limiting any other language in the Release, Releasor will defend, indemnify and hold harmless the Releasees from any and all lien claims which might arise from the Subject Action and/or the Litigation as a result of payments made to or on behalf of Releasor arising out of injuries allegedly caused by the Releasees, provided that the Releasees promptly notify the Law Office of Gregory C. Cattermole of any such liens, claims, demands and/or suits and cooperate in the defense of such liens, claims, demands and/or suits. 11. ADVICE OF COUNSEL. The parties to this Agreement acknowledge that they have consulted with and received the advice of an attorney admitted to practice law in the State of California, and that they execute this Agreement relying upon the advice of counsel and their own, independent investigation of the facts and analysis of the terms of this Agreement. 12. NO ADMISSION OF LIABILITY. The settlement effected by this Agreement pertains to disputed claims and is the result of compromise. As such, it does not constitute and shall not be deemed an admission of liability by Defendants. 13. COSTS OF SUIT/ATTORNEY'S FEES. The parties agree to bear their own costs of suit and attorney's fees in the Subject Action. 14. CONTINUING JURISDICTION. The parties agree that the court in the Subject Action shall continue to have jurisdiction to enforce the terms of this agreement pursuant to California Code of Civil Procedure § 664.6 and the parties request the Court to retain jurisdiction over this action and these parties for said purpose. 15. CALIFORNIA LAW. This Agreement is made and entered into in the State of California and shall in all respects be interpreted and enforced under the laws of the State of California. 16. CONSTRUCTION. This Agreement shall not be construed against the party or parties whose attorney(s) drafted this Agreement or any portion hereof. 17. SEVERANCE. If any provision of this Agreement is held to be illegal or invalid by a court of competent jurisdiction, such provision shall be deemed to be severed and deleted; neither such provision, nor its severance and deletion, shall affect the validity of the remaining provisions of this Agreement. 18. INTEGRATION. This Agreement (after full execution and delivery) memorializes and constitutes the entire agreement and understanding between the parties and -3-