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10. Heirs,Assigns,Successors-in-Interest. This PSA, and all the terms, covenants and conditions
<br /> hereof, shall apply to and bind the heirs, executors, administrators, successors and assigns of the
<br /> respective Parties hereto.
<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 &equipment
<br /> (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 the
<br /> acquisition of the Property by Buyer, and Seller hereby expressly and unconditionally waives any
<br /> claim for compensation for injury to the remainder ("severance damages"); precondemnation
<br /> damages; Claims for inverse condemnation; loss or impairment of any"bonus value"attributable
<br /> to any lease;damage to or loss of improvements pertaining to the realty; any right to repurchase,
<br /> leaseback from Seller, or receive any financial gain from, the sale of any portion of the Property,
<br /> or challenge Buyer's adoption of a resolution of necessity, pursuant to Code of Civil Procedure
<br /> sections 1245.245; any right to receive any notices pursuant to Code of Civil Procedure section
<br /> 1245.245; any right to enforce any other obligation placed upon Seller pursuant to Code of Civil
<br /> Procedure sections 1245.245, 1263.025 and 1263.615; any other rights conferred upon Sellers
<br /> pursuant to Code of Civil Procedure sections 1245.245 and 1263.615 and 1263.025; and
<br /> attorney's fees and costs. It being understood that this is a complete and full settlement of all
<br /> acquisition claims, liabilities, or benefits of any type or nature whatsoever relating to or in
<br /> connection with the acquisition of the Property by Buyer. This release shall survive the Close of
<br /> Escrow.
<br /> B. This Agreement arose out of Buyer's efforts to acquire the Property through its municipal authority.
<br /> Seller, on behalf of himself, his heirs, executors, administrators,successors and assigns, hereby
<br /> fully releases Buyer, its successors, agents, representatives (including attorneys), and assigns,
<br /> and all other persons and associations, known or unknown, from all claims and causes of action
<br /> by reason of any damage which has been sustained by Seller, or may be sustained by Seller, as
<br /> a result of Buyer's efforts to acquire the Property or to construct the works of improvement
<br /> thereon, or any preliminary steps thereto. This Agreement does not, and shall not be construed
<br /> to, require Seller to indemnify Buyer for damages which may arise as a result of Buyer's efforts
<br /> to construct improvements on the Property.
<br /> C. Seller hereby acknowledges that he either has consulted with legal counsel,or had an opportunity
<br /> to consult with legal counsel, regarding the previsions of the California Civil Code Section 1542,
<br /> which provides as follows"
<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 know by him or her
<br /> 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 sustained,
<br /> may give rise to additional damage, loss, costs or expenses in the future. Nevertheless, Seller hereby
<br /> acknowledges that this Agreement has been negotiated and agreed upon in light of that situation, and
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