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release which if known by him must have <br />materially affected his settlement with the <br />debtor. " <br />6. Subject to the provisions of paragraph 7 below, the City of Colton, on <br />behalf of itself and its officers, agents, servants, employees, representatives, sureties, <br />attorneys, predecessors, successors and assigns, hereby fully releases and discharges the <br />Colton Police Officers Association and its respective members, affiliates, officers, agents, <br />servants, employees, representatives, sureties, attorneys, predecessors, successors, and <br />assigns, from and against any and all claims, demands, actions, causes of action, obligations, <br />costs, expenses, damages, losses and liabilities, of any kind or nature, existing, claimed to <br />exist or which can hereafter ever arise out of or result from or in connection with any act, <br />error or omission which has occurred with respect to those actions and causes of action <br />which are, may be, or could have been asserted in the ACTION. <br />Except as otherwise provided in paragraph 7, below, the City of Colton further <br />agrees that it waives all rights and benefits which it now has or in the future may have with <br />respect to said claims under California Civil Code Section 1542 which provides: <br />"A general release does not extend to claims <br />which the creditor does not know or suspect to <br />exist in his favor at the time of executing the <br />release which if known by hien must have <br />materially affected his settlement with the <br />debtor." <br />COLTON10.016/COLTON16.100/07-28-97/DMB/FMH 4 <br />