AgdaPkt 2017-09-25 Closed and Joint SA PFA

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GENERAL AND SPECIAL RELEASE ATTY/AGREEMENT/SETTLEMENTS/LAZLO REV: 09‐19‐17 MI Page 4 of 6 17. CONSTRUCTION. This Agreement shall not be construed against the party or parties whose attorney(s) drafted this Agreement or any portion hereof. 18. 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. 19. INTEGRATION. This Agreement (after full execution and delivery) memorializes and constitutes the entire agreement and understanding between the parties and supersedes and replaces all prior negotiations, proposed agreements and agreements, whether written or unwritten. Plaintiff acknowledges that no other party, nor any agent or attorney of any other party, has made any promise, representation, or warranty whatsoever respecting this Agreement. 20. EXECUTION IN COUNTERPARTS. To facilitate consummation of this agreement, it may be executed in counterparts. 21. RISK OF DAMAGES BECOMING WORSE. Plaintiff has been fully advised and understands that the injuries, including but not limited to personal and property damages sustained by him are of such character that the full extent and type of injuries are not known at the date hereof, and it is further understood that said injuries, whether known or unknown at the date hereof, might become progressively worse and that as a result thereof further damages may be sustained by plaintiff; nevertheless, plaintiff desires by these presents to forever and fully release and discharge the parties herein released and discharged, and understands that by the execution of this instrument no further claims may ever be asserted by plaintiff. 22. MEDICARE. This settlement is based upon a good faith determination of the parties to resolve a disputed claim. The parties have not intended to shift responsibility of medical treatment to Medicare in contravention of 42 U.S.C. Sec. 1395y (b). The parties have attempted to resolve this matter in compliance with both state and federal law. The parties made every effort to adequately protect Medicare’s interest and incorporate such into the settlement terms. Plaintiff and Plaintiff’s counsel warrant that Plaintiff is not a Medicare beneficiary as of the date of this release. Because the Plaintiff is not a Medicare recipient as of the date of this release, no conditional payments have been made by Medicare. While it is impossible to accurately predict the need for medical treatment, it is believed that the settlement terms adequately consider and protect Medicare’s interests and do not reflect any attempt to shift responsibility of treatment to Medicare pursuant to 42 U.S.C. Sec. 1395y (b). The parties acknowledge and understand that any present or future action or decision by CMS or Medicare on this settlement, or Plaintiff’s eligibility or entitlement to Medicare or Medicare payments, will not render this release void or ineffective, or in any way affect the finality of this liability settlement. Further, Plaintiff will indemnify, defend and hold Defendants harmless from any and all damages, claims and rights to payment, including any attorneys’ fees, brought by any person, entity or governmental agency to recover any of these amounts. 23. SETTLEMENT CONTINGENT. Plaintiff acknowledges that this settlement is contingent upon approval by the Redwood City Council. [Signatures on the following page] 6.1.E. - Page 6