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8E Consent 2015 0120
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8E Consent 2015 0120
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Last modified
2/6/2015 5:09:59 PM
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1/14/2015 5:58:45 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
1/20/2015
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_CC Agenda 2015 0120 CS+RG
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2015\Packet 2015 0120
Reso 2015-010
(Reference)
Path:
\City Clerk\City Council\Resolutions\2015
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or unknown, vested or contingent, suspected or unsuspected, which have existed or may have existed or <br />which do exist prior to or as of the Effective Date, which relate to or arise from, in whole or in part, the <br />Living Wage Ordinance, including, without limitation, that certain lawsuit entitled Maria Granados <br />Flores, et al. v. Alameda County Industries, Inc., Case No. 3:14-cv-03011JD, and the settlement thereof. <br />provides: <br />The ACI Releasors expressly waive the benefits of California Civil Code Section 1542, which <br />A general release does not extend to claims which the creditor does not know or suspect <br />to exist in his or her favor at the time of executing the release, which if known by him or <br />her must have materially affected his or her settlement with the debtor. <br />In the event any action, suit, claim or demand is made, brought or asserted by any person, firm <br />or entity against City Releasees by reason of, arising from, or in connection with any of the matters <br />released in this Section 5, ACI agrees to defend against the same at its sole cost and expense, and to <br />indemnify City Releasees, and to hold them harmless from and against any and all damages, judgments, <br />liabilities, obligations, costs or expenses, including, but not limited to, reasonable attorney's fees and <br />court costs, suffered by them by reason of such action, suit, claim or demand. <br />ACI represents and warrants that it has not assigned or transferred any rights or claims covered <br />by the release contained in this Section 5. <br />This Section 5 reflects a settlement and compromise, and is not an admission of liability or fault <br />by either party. <br />6. Each party acknowledges that in executing this Amendment, it has not relied on any <br />inducements, promises, or representations made by the other party and/or the other party's <br />representatives. <br />7. This Amendment is the product of negotiation and preparation by and between each party <br />hereto and its attorneys. Therefore, the parties acknowledge and agree that this Amendment shall not be <br />deemed to have been prepared or drafted by one party or the other, and that it shall be construed <br />accordingly. <br />8. Each party acknowledges and warrants that its execution of this Amendment is free and <br />voluntary and with the intent to be legally bound. <br />9. Except as set forth in this Amendment, the Agreement shall remain in full force and <br />effect. In the event of any inconsistency between the terms of the Amendment and the terms of the <br />Agreement, the terms of this Amendment shall prevail. <br />Pa <br />
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