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10. Heirs, Assigns, Successors -in -Interest.
<br />conditions hereof, shall apply to and bind the heirs
<br />of the respective Parties hereto.
<br />This PSA, and all the terms, covenants and
<br />executors, administrators, successors and assigns
<br />11. Time is of the Essence. In all matters and things hereunder to be done and in all payments
<br />hereunder to be made, time is and shall be of the essence.
<br />12. Just Compensation. Seller acknowledges and agrees that said purchase price is just
<br />compensation at fair market value for Said Real Property and includes payment for fixtures &
<br />equipment (improvements pertaining to realty), goodwill (if any), and severance damages.
<br />13. Acknowledgment of Full Benefits and Release.
<br />A. By execution of this Agreement, Seller, on behalf of himself, his heirs, executors, administrators,
<br />successors and assigns, hereby acknowledges that this Agreement provides full payment for
<br />the acquisition of the Property by Buyer, and Seller hereby expressly and unconditionally waives
<br />any claim for compensation for injury to the remainder ("severance damages");
<br />precondemnation damages; claims for inverse condemnation; loss or impairment of any "bonus
<br />value" attributable to any lease; damage to or loss of improvements pertaining to the realty; any
<br />right to repurchase, leaseback from Seller, or receive any financial gain from, the sale of any
<br />portion of the Property, or challenge Buyer's adoption of a resolution of necessity, pursuant to
<br />Code of Civil Procedure sections 1245.245; any right to receive any notices pursuant to Code of
<br />Civil Procedure section 1245.245; any right to enforce any other obligation placed upon Seller
<br />pursuant to Code of Civil Procedure sections 1245.245, 1263.025 and 1263.615; any other
<br />rights conferred upon Sellers pursuant to Code of Civil Procedure sections 1245.245 and
<br />1263.615 and 1263.025; and attorney's fees and costs. It being understood that this is a
<br />complete and full settlement of all acquisition claims, liabilities, or benefits of any type or nature
<br />whatsoever relating to or in connection with the acquisition of the Property by Buyer. This
<br />release shall survive the Close of Escrow.
<br />B. This Agreement arose out of Buyer's efforts to acquire the Property through its municipal
<br />authority. Seller, on behalf of himself, his heirs, executors, administrators, successors and
<br />assigns, hereby fully releases Buyer, its successors, agents, representatives (including
<br />attorneys), and assigns, and all other persons and associations, known or unknown, from all
<br />claims and causes of action by reason of any damage which has been sustained by Seller, or
<br />may be sustained by Seller, as a result of Buyer's efforts to acquire the Property or to construct
<br />the works of improvement thereon, or any preliminary steps thereto. This Agreement does not,
<br />and shall not be construed to, require Seller to indemnify Buyer for damages which may arise as
<br />a result of Buyer's efforts to construct improvements on the Property.
<br />C. Seller hereby acknowledges that he either has consulted with legal counsel, or had an
<br />opportunity to consult with legal counsel, regarding the previsions of the California Civil Code
<br />Section 1542, which provides as follows"
<br />"A general release does not extend to claims which the creditor does not know or
<br />suspect to exist in his or her favor at the time of executing the release, which if know by
<br />him or her must have materially affected his or her settlement with the debtor."
<br />Seller acknowledges that he may have sustained damage, loss, costs or expenses which are presently
<br />unknown and unsuspected, and such damage, loss, costs or expenses which may have been
<br />
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