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RES 92048
City of Pleasanton
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CITY CLERK
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1990-1999
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1992
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RES 92048
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4/30/2012 4:00:20 PM
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8/5/1999 8:34:10 PM
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
3/3/1992
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14. Ail parties shall bear its own costs and attorney's <br />fees; provided, however, that if any legal action or proceeding <br />is brought for breach or for the purpose of enforcing the terms <br />and provisions of this Statement of Settlement and General <br />Release, the prevailing party shall be entitled to recover all <br />reasonable costs and expenses, including reasonable attorney's <br />fees incurred or paid, in addition to any other relief to which <br />that party may be entitled. <br /> <br /> 15. Takens acknowledges that this Settlement Agreement and <br />General Release shall extend to and include all unknown, <br />unsuspected, unanticipated or undisclosed claims, actions or <br />causes of action. Takens expressly waives the provisions of <br />Section 1542 of the Civil Code of California, which provides: <br /> <br /> "A general release does not extend to claims <br /> which the creditor does not know or suspect <br /> to exist in his favor at the time of <br /> executing the release, which if known to him <br /> must have materially affected his settlement <br /> with the debtor." <br /> <br /> 16. Takens warrants that no promise, inducement or <br />agreement not expressed herein has been made to her in connection <br />with this Settlement Agreement and General Release; that this <br />Settlement Agreement and General Release constitutes the entire <br />agreement between her and the City. She acknowledges that she' <br />has been represented by the attorneys of her choice with respect <br />to the matters which are the subject of this Release, that her <br />attorneys have discussed this Release with her and have fully <br />advised her with respect to the rights and obligations she <br />assumes by executing this document, and that said attorneys are <br /> <br /> -- 5 -- <br /> <br /> <br />
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