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HomeMy WebLinkAbout20160318 Yu Release 1931933RELEASE OF ALL CLAIMS KNOW ALL, HIEN BY THESE [>R.LSENTS: That the Undersigned, being of lawful age, for sole consideration of Two Thousand Four lluudred Twenty -Seven Fend 02/100 Dollars ($2,427.112) to. be paid to Liheng Yu do/does hereby and for rnyloudits heirs, executors, administrators, successors and aassi�dras release, acquit and forever discharge City of San Luis Obispo, California and his, her, their, or its agents, servants. successors, heirs, executors, administrators and all othct persons, firms, corporations, associations or partnerships of and from any and all claims, actions, causes of action, demands, rights, damages, costs, loss of service. expenses and compensation whatsoever, vvluiclu the undersigned now has/have or which may hereafter accrue on account of or in any way growing out of any and all known and unknown. foreseen and unforeseen bodily and personal injuries and property damage and the consequences thereof resulting or to result from the accident, casualty or event which occurred on or about the 23id day of February, 2016, at or near the 3rd Floor of the parking structure at 871 Marsh Street, San Luis Obispo, CA. It is understood and agreed that this settlement is the compromise of a 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 said releases deny liability therefor and intend merely to avoid litigation and buy their peace. It is further understood and agreed that all rights under Section 1542 of the Civil Code of California and any simi lar law of any state or territory of the united States are hereby expressly waived. Said section reads as follows: "1542. Certain claims not affeeted by general release. 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 relcasc, which if known by him must have materially affected his settlenwrit with the debtor." The undersigned hereby declare(s) and represcnt(s) that the injuries sustained are or may be permanent and progressive and that recovery therefrom is uncertain and indefinite and in making this Release it is understood and agreed, that the undersigned rely(ies) wholly upon the unde.rsigrte(I's iudgrnent, belief and knowledge of the nature, extent, effect, and duration of said injuries and liability therefor 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 1hern employed. The undersigned further declare(s) and represcnt(s) that no promise, inducement or agrecmcnt not herein expressed utas been made to the Undersigned, and that this Re. -lease contains the entire agreement between the parties hereto, and that the terms of this Release are contractual and not a mere recital. I hereby represent that at the: time I sign this Release I am not hospitalized in a medical facility nor was I admitted to a medical facility within the past 15 days. '1 ttE VNDERSICNED t1AS RVAD THL ABOVE AND HIDA V UNDERSTANDS 1T TO BEA FULL AND FINAL, REIA'ASE CSF A1,1. C1 . -AI Fh. Signed, scaled and r delivered this l da of a A'I c u 1 €lncss lsrwr ilctlu€c ' Address of Witne5v � Sitzn;itute witness to sitprature Addre_-;s of Witness Signature For your protection California law requires the following; to appear oil this forum. Any person who knowingly presents a false or fraudulent claim for the payment of a loss is guilty of a crime arad may be subject to fines incl confinetnent in state prison. ACKNt)WUDGNIENT UNDER OATH State of County of SS Before me this day of came known to me to be the individual who executed this release, and acknowledged that fully understood its contents and freely executed same for the sole consideration therein expressed. Notary Public (AVFdc:19_319_;3 t� ,5,ro,