Agmt 2015 Alameda County Industries Inc ACI

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