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GENERAL AND SPECIAL RELEASE <br /> <br />ATTY/AGREEMENT/SETTLEMENTS/LAZLO  <br />REV: 09‐19‐17 MI  <br />Page 3 of 6 <br />agrees that the releases provided in this Agreement apply to all such claims. <br /> <br /> 9. WAIVER OF UNKNOWN CLAIMS. Plaintiff acknowledges that he has <br />read and is familiar with Civil Code §1542 which states: <br /> <br />A general release does not extend to claims which the creditor does not know or suspect <br />to exist in his or her favor at the time of executing the release, which if known by him or <br />her must have materially affected his or her settlement with the debtor. <br /> <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 /> <br />Plaintiff’s Initial: ________ <br /> <br />10. REPRESENTATIONS, COVENANTS AND WARRANTIES BY <br />PLAINTIFF. Plaintiff represents, covenants, and warrants: (1) that he has not assigned, <br />transferred, encumbered or otherwise impaired his rights to settle his claims released by this <br />Agreement; (2) that he has engaged no other attorneys to represent him in the Subject Action and <br />that no other attorneys are entitled to liens or attorney’s fees on any recovery in the Subject <br />Action; and (3) that he will pay or resolve all known medical and dental liens. <br /> <br /> 11. INDEMNIFICATION. In addition to and without limiting any other <br />language in the Release, Releasor will defend, indemnify and hold harmless the Releasees <br />from any and all lien claims which might arise from the Subject Action as a result of <br />payments made to or on behalf of Releasor arising out of injuries allegedly caused by the <br />Releasees, provided that the Releasees promptly notify the Dolan Law Firm, PC, of any such <br />liens, claims, demands and/or suits and cooperate in the defense of such liens, claims, <br />demands and/or suits. <br /> <br /> 12. ADVICE OF COUNSEL. The parties to this Agreement acknowledge that <br />they have consulted with and received the advice of an attorney admitted to practice law in <br />the State of California, and that they execute this Agreement relying upon the advice of <br />counsel and their own, independent investigation of the facts and analysis of the terms of this <br />Agreement. <br /> <br /> 13. NO ADMISSION OF LIABILITY. The settlement effected by this <br />Agreement pertains to disputed claims and is the result of compromise. As such, it does not <br />constitute and shall not be deemed an admission of liability by Defendants. <br /> <br /> 14. COSTS OF SUIT/ATTORNEY’S FEES. The parties agree to bear their <br />own costs of suit and attorney’s fees in the Subject Action, except that THE CITY OF <br />REDWOOD CITY and GRANITE ROCK COMPANY agree they will equally share (50% <br />each) any and all sums charged by the five (5) experts previously referenced in the paragraph <br />4.4 of the Agreement. <br /> <br />15. CONTINUING JURISDICTION. The parties agree that the court in the <br />Subject Action shall continue to have jurisdiction to enforce the terms of this agreement pursuant <br />to California Code of Civil Procedure § 664.6 and the parties request the Court to retain <br />jurisdiction over this action and these parties for said purpose. <br /> <br /> 16. CALIFORNIA LAW. This Agreement is made and entered into in the State <br />of California and shall in all respects be interpreted and enforced under the laws of the State <br />of California. <br /> <br />6.1.E. - Page 5