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HomeMy WebLinkAbout20190823_ Maloney ReleaseRELEASE OF ALL CLAIMS MOW ALL MEN BY THESE PRESENTS: That the Undersigned, being of lawful age, for sole consideration of Eleven Thousand Thred HundMd Forty -Seven -and 30/100 Dollars ($11 347 30 to be paid to Astute 13uiIders Company on behalf of Shirley Maloney do/does hereby and for my/our/its heirs, executors, administrators, successors and assigns. release, acquit -and forever -discharge the Cit of San Luis Obispo and his, her, their, or its agents, servants, successors, heirs, executors, administrators and all other persons, firths, 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, which the undersigned now has/have or which tray hereafter -accrue on account of or in any way growing. out of any and all known and unknown, foreseen and unforeseen bodily and personal igjtuies.and property damage and the consequences thereof resulting or to result from the accident, -oasualty or event which occurred on or about the 2e day of September, 2018, at or near 54 Highland Drive San Luis Obispo, CA 93.405. 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 parr°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•undersioodAnd 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. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlemenrwith the debtor or released party." The undersigned hereby declare(s) and represent(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 ihr; uniiet-signed's judgment, belief and knowledge: of the nature, extent, effect, and duration of said injuries and ,liabilr ty therefor and is made`withort ieliande up- oir''ariy'statement or representalaoii of• tIje pariy`' orpar`ties.heteby released `o' r`theie r'epresetitatives-or by any physician or surgeon' by"them employed. The undersigned i further deciaW' and represent(s) that -no promise, inducement or.agreement not herein expressed has been made to the undersigned, and that flus Release 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. THE UNDERSIGNED HAS READ THE ABOVE AND FULLY UNDERSTANDS IT TO BE A FULL AND FINAL RELEASE OF ALL CLAIMS. 1 Signed, sealed and delivered this day of Witness — Printed 'Name Witness Signature Your Signature Address of Witness Address oMitness' For your protection California law requires the following to appear on this form. Aiiy person who' knbAwingly presents aTalse or fraudulent claim for tlidpaymcni of a loss is guilty of'a crime and may'ki ubject'to fines and conftnerhent in state prison: