AgdaPkt 2020-04-27 Joint SA PFA - Laserfiche WebLink

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6.A. - Page 5 of 11 SETTLEMENT AGREEMENT AND MUTUAL RELEASE 8. WAIVER OF UNKNOWN CLAIMS. Plaintiff acknowledges that he has read and is familiar with Civil Code § 1542, which states: A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by hien or her would have materially affected his or her settlement with the debtor or released party. Plaintiff waives and relinquishes all rights and benefits which he has or may have under Section 1542 of the California Civil Code. Plaintiff Marcus Smith Initial: M 9. REPRESENTATIONS, COVENANTS AND WARRANTIES BY PLAINTIFFS. Plaintiff represents, covenants, and warrant: (1) that he has not assigned, transferred, encumbered or otherwise impaired his rights to settle his claims released by this Agreement; (2) that no other attorneys are entitled to liens or attorney's fees on any recovery in the Subject Action; and (3) that he is solely responsible for and will pay or resolve any and all insurance, medical, and any and all other liens of any nature. 10. 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 Thompson Law Offices P.C. 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. 11. ADVICE OF COUNSEL. The Parties to this Agreement acknowledge that they have consulted with and received the advice of an attorney admitted to practice law in the State of California, and that they execute this Agreement relying upon the advice of counsel and their own, independent investigation of the facts and analysis of the terms of this Agreement. 12. NO ADMISSION OF LIABILITY. It is further understood and agreed that the settlement effected by this Agreement pertains to disputed claims and is the result of compromise. As such, it does not constitute and shall not be deemed an admission of liability by Defendants. 13. COSTS OF SUIT/ATTORNEY'S FEES. The Parties agree to bear their own costs of suit and attorneys' fees in the Subject Action. [INTENTIONALLY LEFT BLANK] ATTY/AGREEMENTS/SETTLEMENTS/SMITH - SETTLEMENT AGREEMENT & RELEASE REV: 04-07-2020 EI P.— 2 of A, 12