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6.A. - Page 5 of 13
<br />all actions, causes of action, obligations, costs, damages, losses, claims, liabilities and
<br />demands, arising out of or in any way connected with or resulting from the Subject
<br />Accident, including and all of those matters set forth in the Subject Action. This release is
<br />intended to include any and all potential claims for indemnity or contribution by the City
<br />against the State related to the Subject Action.
<br />5, RELEASE BY THE STATE OF CALIFORNIA: The State does hereby forever release
<br />and discharge the City, and its boards, councils (including City Council), officers, directors,
<br />agents, departments, divisions, insurers, reinsurers, attorneys, servants, employees, and all
<br />others from any and all actions, causes of action, obligations, costs, damages, losses,
<br />claims, liabilities and demands, arising out of or in any way connected with or resulting
<br />from the Subject Accident, including and all of those matters set forth in the Subject Action.
<br />This release is intended to include any and all potential claims for indemnity or contribution
<br />by the State against the City related to the Subject Action.
<br />6. RISK OF UNKNOWN CLAIMS: Each of the Parties acknowledges that there is a risk
<br />that subsequent to the execution of this Agreement, they may discover claims and/or may
<br />incur or suffer injuries, costs, damages, losses, fees and expenses that are unknown or
<br />unanticipated at the time this Agreement is executed, including, without limitation,
<br />unknown and/or unanticipated claims that arise from, are based upon, or are related to the
<br />Subject Action or some aspect thereof, which if known by them on the date this Agreement
<br />is executed, may have materially affected their respective decisions to execute this
<br />Agreement. Each of the Parties expressly assumes the risk of such unknown and
<br />unanticipated matters and agrees that the releases provided in this Agreement apply to all
<br />such claims.
<br />Each of the Parties is fully apprised of the provisions of California law relating to releases
<br />and, in particular, § 1542 of the California Civil Code which states.
<br />A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
<br />THAT THE CREDITOR OR RELEASING PARTY DOES
<br />NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER
<br />FAVOR AT THE TIME OF EXECUTING THE RELEASE
<br />AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE
<br />MATERIALLY AFFECTED HIS OR HER SETTLEMENT
<br />WITH THE DEBTOR OR RELEASED PARTY.
<br />Notwithstanding this statutory provision, and to implement a full and complete release,
<br />each of the Parties acknowledges that this Agreement is intended to include in effect,
<br />without limitation, all claims which they do not presently know of or suspect to exist
<br />against each other, which arise out of and/or are otherwise related to the trip and fall
<br />incident that is the subject of the Subject Action. Accordingly, Section 1542 is therefore
<br />waived in that regard by each of the Parties hereto.
<br />ATTY/AGR/SETTLEMENTS/SETTLEMENT AGREEMENT DYNIN
<br />REV: 07-08-19 Ml
<br />Page 3 of 9
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