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RELEASE OFALL CLAIMS
File#251e36
KNOW ALL MEN 8YTHESE PRESENTS:
That Southern California Gas Company, hereinafter sometimes referred to as the"Undersigned,"being of lawful age,
for the sole consideration ofTwenty-one Thousand Three Hundred Nineteen and seventy-one one-hundredths
Dollars($21.319.71)paid by the City n[Redlands tothe UndersiQned, the receipt ofwhich |ehereby acknowledged,
does hereby and for the Undersigned's heirs,executors,administrators, successors and assigns release,acquit and
forever discharge the City of Redlands and its elected officia|s, officom, nmp|oyeea, agents and ouooeoaona (the
^Rm|eaueee>, of and from any and all daima, aodona, ooueao of act|on, demonda, hghts, damages, costs, |noa of
aemiuo,expenses and compensation whatsoever,which the Undersigned now hes or which may hereafter accrue on
account of, or in anyway growing out of, any and all known and unknown. foreseen and unforeseen bodily injuries
and personal and real property damage,and the consequences thereof,resulting from the accident,casualty or event
which occurred on nrabout the 23rdday of January, 2014 mor near Fern Avenue and Alvarado Street, Redlands,
California,and which is the subject matter of the governmental claim filed with the City by the Undersigned on 2 m day
nfFebruary,2Q14.
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The above sum stated, Twenty-one Thousand Three Hundred Nineteen and seventy-one one-hundredths Dollars
($21.51971)ooconsideration for this Release, ioUubapaid tuSouthern California Gas Company. |tiaunderstood
and agreed that this Release constitutes the compromise of doubtful and disputed claim, and that the payment
made is not to be construed as an admission of liability on the part of the party or parties hereby released, and that
the Releasees deny liability therefor and intend merely to avoid litigation.
It is further understood and agreed that all rights under Section 1542 of the Civil Code of California and any similar
law of any state or territory of the United States are hereby expressly waived. Said section reads as follows:
"1542.Certain claims not affected by general release.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 orher must have materially affected his or her settlement with the debtor.'
The Undersigned hereby declares and napnaaenm that the injuries sustained are or may be permanent and
progressive and that recovery therefrom is uncertain and indefinite, and in making this Releaam, hisunderstood and
egmod, that the Undersigned va|ien wholly upon the Undersigned's judgment, belief and knowledge of the natuna,
n*ont,effect and duration of said injuries and liability therefore, and is made without reliance upon any statement or
representation of the party or parties hereby released or their representatives or by any physician or surgeon by them
employed,
The Undersigned further acknowledges and agrees that persons or entities other than Releasees may be responsible
and/or liable for the Undersigned's injuries, and the Undersigned agrees to fully cooperate with Releasees in
connection with any activities undertaken by Releasees to obtain indemnity or contribution from such other persons
or entities.
The Undersigned further declares and represents that no promise, inducement or agreement not herein expressed
has been made to the Undersigned, and that this Release contains the entire agreement between the Undersigned
and the City of Redlands, and that the terms of this Release are contractual and not a more recital.Any prior oral or
written agreements related to the subject matter hereof are superseded by this Release and incorporated herein.This
Release may not be modified except by written document signed by the Undersigned and the City of Redlands.
This Release is governed by and construed in accordance with the laws of the State of California. FOR YOUR
PROTECTION CALIFORNIA LAW REQUIRES THE FOLLOWING TO APPEAR ON THIS FORM:
1T IS UNLAWFUL TO-
(A) PRESENT OR CAUSE TO BE PRESENTED ANY FALSE OR FRAUDULENT CLAIM FOR THE
PAYMENT OF A LOSS UNDER A CONTRACT OF INSURANCE.
(B) PREPARE, MAKE, OR SUBSCRIBE ANY WRITING, WITH INTENT TO PRESENT OR USE THE
SAME, OR TO ALLOW IT TO BE PRESENTED OR USED IN SUPPORT OF ANY SUCH CLAIM.
EVERY PERSON WHO VIOLATES ANY PROVISION OF THIS SECTION IS PUNISHABLE BY
IMPRISONMENT IN THE STATE PRISON NOT EXCEEDING THREE YEARS, OR BY FINE NOT
EXCEEDING ONE THOUSAND DOLLARS,OR BY BOTH,"
In the event any action is commenced to enforce or interpret the terms or conditions of this Release, the prevailing
party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys' fees,
including fees for use of in-house counsel by the Party.
The Undersigned represents and warrants that there has been no assignment or other transfer of any interest in any
claim which the Undersigned may have against the Releasees and the Undersigned shall defend,indemnify and hold
the Releasees harmless from any liability, demands, claims, damages, costs, expenses and attorneys'fees incurred
by the Releasees as a result all any person asserting such assignment or transfer,
THE UNDERSIGNED HAS READ THE FOREGOING RELEASE AND FULLY UNDERSTANDS IT.
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Signed,seated and delivered this day of 4014.
V
CAUTION: READ BEFORE SIGNING BELOW
4-�21 fal
L.S.
rdwAlo4or Southern California Gas Company