WILLITS, et al v. CITY OF LOS ANGELES - Settlement Agreement and Release of Claims

10. Known or Unknown Claims

With respect to the release of claims as provided in Section 9 above, Releasing Parties waive and relinquish any and all rights and benefits afforded by Section 1542 of the California Civil Code, or any other similar statute or rule of any state or jurisdiction, and acknowledge and understand that the facts with respect to the Actions and this Settlement Agreement may, after the date of execution of this Settlement Agreement, be discovered to be other than or different from the facts now known and believed to be true. Releasing Parties knowingly accept and assume the risk of the facts being different, agree that this Settlement Agreement shall be and remain in all aspects effective and not subject to termination or rescission by virtue of any such difference in facts, understand and acknowledge the significance and consequences of such specific waiver of Section 1542 of the California Civil Code (and any other similar statute or rule of any state or jurisdiction), and expressly assume full responsibility for any losses or consequences that may be incurred by making such waiver. Releasing Parties expressly understand that Section 1542 of the California Civil Code reads as follows:

"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."

The foregoing release is freely and voluntarily given by Releasing Parties, who, in agreeing to the foregoing release, did not rely on any inducements, promises or representations by the City or its representatives, other than as expressly set forth in this Settlement Agreement.