AgdaPkt 2017-06-12 Joint SA PFA - Laserfiche WebLink

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GENERAL AND SPECIAL RELEASE 6.RISK OF UNKNOWN CLAIMS.Plaintiff acknowledges that there is a risk that,subsequent to the execution of this Agreement,Plaintiff may discover,incur or suffer claims which were unknown or unanticipated at the time this Agreement is executed,including,without limitation,unknown or unanticipated claims which arise from,are based upon,or are related to the Subject Action or some aspect thereof which if known by Plaintiff on the date of this Agreement being executed,may have materially affected Plaintiff’s decision to execute this Agreement.Plaintiff expressly assumes the risk of such unknown and unanticipated claims and agrees that the releases provided in this Agreement apply to all such claims. 7.WAWER OF UNKNOWN CLAIMS.Plaintiff acknowledges that he has read and is familiar with Civil Code §1542 which states: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release,which if known by him or her must have materially affected his or her settlement with the debtor. Plaintiff waives and relinquishes all rights and benefits which he has or may have under Section 1542 of the California Civil Code. 8.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. 9.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 Offices of Boris E.Efron 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 Defendant. 13.COSTS OF SUIT/ATTORNEY’S FEES.The parties agree to bear their -2- 6.1.F. - Page 5