AgdaPkt 2018-11-05 Joint SA PFA - Laserfiche WebLink

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6.F. - Page 4 of 6 GENERAL AND SPECIAL RELEASE claims, liabilities and demands (including claims arising out of contract), arising out of or in any way connected with or resulting from the accident which allegedly occurred on or about September 15, 2016 on the roadway near 279 Alameda de las Pulgas in Redwood City, California, and all of those matters set forth in the Subject Action, as a result of which personal injury and other loss and damage were alleged to have been sustained by Plaintiff. This is a full and final Release of any and all claims arising out of the matters set forth above. 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. WAIVER OF UNKNOWN CLAIMS. Plaintiff acknowledges that she 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 she has or may have under Section 1542 of the California Civil Code. Plaintiff Maria Venturino Initial: 8. REPRESENTATIONS, COVENANTS AND WARRANTIES BY PLAINTIFF. Plaintiff represents, covenants, and warrants: (1) that she has not assigned, transferred, encumbered or otherwise impaired her rights to settle her claims released by this Agreement; (2) that she has engaged no other attorneys to represent her 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 she will pay or resolve any and all Kaiser, Medicare, Medi -Cal, insurance, medical, dental and any other medical liens, if any exist. 9. INDEMNIFICATION. In addition to and without limiting any other language in the Release, Releasor will defend, protect, indemnify and hold harmless the Releasees from any and all lien claims and/or subrogation 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 Corsiglia, McMahon & Allard, of any such liens, claims, demands and/or suits and cooperate in the defense of such liens, claims, demands and/or suits. The defense of the Releasees, if needed, shall be provided by an attorney of Releasor's choice, at Plaintiffs expense, provided however, that (1) no conflict of interest is presented by said representation and (2) the Releasees consent to said representation. ATTY/DOCS-AGREEMENTS/SETTLEMENTS- VENTURINO GENERAL & SPECIAL RELEASE REV: 10-23-18 RL Page 2 of 5