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5.B. -'Page 4 of 7
<br />GENERAL ANTâ–º SPECIAL RELEASE
<br />respective subsidiaries, subdivisions, Board, Council, officers, directors, agents, insurers,
<br />reinsurers, attorneys, servants or employees, and all others, (hereinafter collectively called the
<br />"Releasees") from any and all actions, causes of action, obligations, costs, damages, losses,
<br />claims, liabilities and demands (including claims arising out of contract), arising out of or in any
<br />way connected with or resulting from the incident which allegedly occurred on or about February
<br />25, 2018 at or near 1234 Hudson Street in Redwood City, California, and all of those matters set
<br />forth in the Subject Action, as a result of which personal injury and other loss and damage were
<br />alleged to have been sustained by Plaintiff. This is a full and final Release of any and all claims
<br />arising out of the matters set forth above.
<br />6. RISK OF UNKNOWN CLAIMS. Plaintiff acknowledges that there is a risk
<br />that subsequent to the execution of this Agreement, Plaintiff may discover, incur or suffer claims
<br />which were unknown or unanticipated at the time this Agreement is executed, including, without
<br />limitation, unknown or unanticipated claims which arise from, are based upon, or are related to the
<br />Subject Action or some aspect thereof, which if known by Plaintiff on the date of this Agreement
<br />being executed, may have materially affected Plaintiffs decision to execute this Agreement. Plaintiff
<br />expressly assumes the risk of such unknown and unanticipated claims and agrees that the releases
<br />provided in this Agreement apply to all such claims.
<br />7. WAIVER OF UNKNOWN CLAIMS. Plaintiff acknowledges that she has read
<br />and is familiar with Civil Code § 1542 which states:
<br />A general release does not extend to claims that the creditor or releasing
<br />party does not know or suspect to exist in his or her favor at the time of
<br />executing the release and that, if known by him or her, would have
<br />materially affected his or her settlement with the debtor or released party.
<br />Plaintiff waives and relinquishes all rights and benefits which she has or may have under Section
<br />1542 of the California Civil Code.
<br />Plaintiff Linda L. Cornell Initial-
<br />8. REPRESENTATIONS, COVENANTS AND WARRANTIES BY PLAINTIFF.
<br />Plaintiff represents, covenants, and warrants: (1) that she has not assigned, transferred, encumbered or
<br />otherwise impaired her rights to settle her claims released by this Agreement; (2) that no other
<br />attorneys are entitled to liens or attorney's fees on any recovery in the Subject Action; and (3) that she
<br />is solely responsible for and will pay or resolve any and all insurance, medical, and any and all other
<br />liens of any nature.
<br />9. INDEMNIFICATION. In addition to and without limiting any other language in
<br />the Release, Releasor will defend, protect, indemnify and hold harmless the Releasees from any
<br />and all lien claims and/or subrogation claims which might arise from the Subject Action and/or
<br />the Litigation as a result of payments made to or on behalf of Releasor arising out of injuries
<br />allegedly caused by the Releasees, provided that the Releasees promptly notify Law Offices of
<br />Dan Beatty of any such liens, claims, demands and/or suits and cooperate in the defense of such
<br />liens, claims, demands and/or suits. The defense of the Releasees, if needed, shall be provided
<br />by an attorney of Releasor's choice, at Plaintiff's expense, provided however, that (1) no conflict
<br />ATrY/AGREEMENTS/SETTLEMENTS/CORNELL-GENERAL & SPECIAL RELEASE
<br />REV: 11-26-19 El
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