HomeMy WebLinkAbout06316 - SCE RELEASE REGARDING INCIDENT AT WASTEWATER TREATMENT PLANT RELEASE
In the consideration of the sum of Thirty Six Thousand Six Hundred Fifty Two and 38/100 dollars,
($36,652.38)the receipt of which is hereby acknowledged, the undersigned hereby releases and
forever discharges Southern California Edison Company, a corporation, (hereinafter called the
"Company"), the officers, agents, employees, assigns, successors in interest, contractors and insurers
of the aforesaid "Company" from any and all claims, demands, actions, causes of action, attorney's
fees, and any and all liability of any nature whatsoever, which the undersigned now has or in the future
may have, for, on account of, resulting directly or indirectly from, or growing out of, any property
damage including consequential damages in any manner arising out of an incident on or about April 23,
2011, at or near Veolia Water North America located at 4375 E. Mesquite Avenue in the City of Palm
Springs, California.
This payment is made and received as a compromise of a disputed claim. It is not, or is it to be
construed as, any admission of liability whatsoever on the part of any of the aforementioned persons or
parties hereby released.
It is further understood and agreed that the consideration recited herein is the sole and only
consideration for this agreement, and that no representations, promises or inducements have been
made by said "Company' or its officers, agents, or employees other than as appear herein.
The undersigned expressly waives the provisions of Section 1542 of the Civil Code of the State of
California, reading as follows:
"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 to him or her would have materially affected his or
her settlement with the debtor."
In executing this Agreement, the undersigned acknowledges that he has consulted with and had the
advice and counsel of an attorney of his choice, or has had an opportunity to do so, and further
acknowledges that he has executed this Agreement after independent investigation, of his own free
choice and will, and without fraud, duress or undue influence.
Undersigned agrees, as a further consideration and inducement for this compromise settlement, that
this Release shall apply to all unknown and unsuspected property damage resulting from said incident,
casualty or event, as well as to those now disclosed, and the undersigned hereby expressly assumes
the risk of any error as to this release or as to consequences or future damages now unknown which
result or are claimed to result from the event hereinabove described.
Dated at i"M -�FrLI , California, this 20" day of NW 9ABa= , 2011 .
WITNESSES 4116
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APPROVED BY CITY COUNCIL
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