2003 AGN JAN 21 Closed Session City of COlton v. Steward

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9. Unknown Claims. (a) Plaintiff acknowledges and agrees that the release that is given to Defendant as described in paragraph 7 applies to all claims for damages, or losses to Plaintiff (whether those damages, or losses are known or unknown, foreseen or unforeseen, or patent or latent) that Plaintiff may have against Defendant arising from the subject matter of the Complaint described in paragraph 2. (b) Plaintiff certifies that Plaintiff has read the following provisions of Civil Code section 1542: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." and indicates that fact by signing Plaintiffs initials here: —k. -- (c) Plaintiff understands and acknowledges that in consequence of this waiver of Civil Code section 1542, but subject to the preconditions described in paragraphs 4, 5 and 6, even if Plaintiff should eventually suffer additional damages arising from the subject matter of the Complaint described in paragraph 2, Plaintiff will not be able to make any claim for those damages. Furthermore, Plaintiff acknowledges that Plaintiff intends these consequences even as to claims for damages that may exist as of the date of this release but that Plaintiff does not know exist, and that, if known, would materially affect Plaintiff s decision to execute this Agreement, regardless of whether Plaintiff's lack of knowledge is the result of ignorance, oversight, error, negligence, or any other causes provided the claim arises from the subject matter of the Complaint described in paragraph 2. 10. Advice of Attorney. Each party warrants and represents that in executing this Agreement, they have relied on legal advice from the attorney of their choice; that the terms of this Agreement have been read and its consequences (including risks, complications, and costs) have been completely explained to them by that attorney; and that they fully understand the terms of this Agreement. 11. Conditions of Execution. Each party acknowledges and warrants that their execution of this Agreement is free and voluntary. 12. Execution of Other Documents. Subject to the preconditions described in paragraphs 4, 5 and 6, Plaintiff shall direct Plaintiff s attorney to execute a dismissal with prejudice of the Complaint described in paragraph 2 as to Defendant only, file it in the proper court, and deliver an executed copy to counsel for Defendant. Each party to this Agreement shall cooperate fully in the execution of any and all other documents and in any additional acts that -3-