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<br />21. Captions. Captions and headings in this Agreement, including the title of this Agreement, are for <br />convenience only and are not to be considered in construing this Agreement. <br /> <br />22. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the <br />State of California. <br /> <br />23. No Reliance By One Party On The Other. Each party has received independent legal advice uom its <br />attorneys with respect to the advisability of executing this Agreement and the meaning of the provisions hereof. <br />The provisions of this Agreement shall be construed as to their fair meaning, and not for or against any party <br />based upon any attribution to such party as the source of the language in question. <br /> <br />24. No Third Party Beneficiary. This Agreement is intended to benefit only the parties hereto and no other <br />person or entity has or shall acquire any rights hereunder. <br /> <br />25. Applicabilitv of Agreement To Assignees. This Agreement shall be binding upon and shall inure to the <br />benefit of the successors and assigns of the parties to this Agreement. <br /> <br />26. Authority to Execute Agreement. Each undersigned represents and warrants that its signature <br />hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this <br />Agreement. <br /> <br />27. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be incorporated as if <br />fully set forth in the body of this Agreement. <br /> <br />28. Release. Other than the rights reserved by Seller herein, the parties hereto hereby agree that all rights <br />under Section 1542 of the Civil Code of the State of California are hereby waived. Civil Code section 1542 <br />provides as follows: <br /> <br />"A general release does not extend to claims which the creditor does not know or suspect to <br />exist in his favor at the time of executing the release, which if known by him must have <br />materially affected his settlement with the debtor." <br /> <br />Notwithstanding the provisions of Civil Code section 1542, in the event the transaction closes, Seller <br />hereby irrevocably and unconditionally releases and forever discharges the City and each and all of its officers, <br />agents, directors, supervisors, employees, representatives, and its successors and assigns and all persons acting <br />by, through, under, or in concert with the City from any and all charges, complaints, claims, and liabilities of <br />any kind or nature whatsoever, known or unknown, suspected or unsuspected (hereinafter referred to as "claim" <br />or "claims") which Seller at any time heretofore had or claimed to have or which Seller at any time hereafter <br />may have or claim to have, including, without limitation, any and all claims related or in any manner directly <br />related to the acquisition of portions of the property. <br /> <br />The parties have executed this Agreement as ofthe last date written below. <br /> <br />Bank One Trust Company, N.A. as Trustee of the <br />m: Samuel I. Russell Trust Dated August 3,1987 <br /> <br />~. Ình~Þ- <br />~S~A~ Vlce presldent <br /> <br />5 <br />