ROCELA'S BEAUTY SALON - 2008 - Laserfiche WebLink

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2. Owner's Duties Owner agrees to develop a replacement structure Replacement Structure on the lot immediately east and adjacent to the Property. This lot is identified as APN 101-272- 04. Construction of the Replacement Structure is expected to be completed on or about, December 31, 2008. Release and Indemnity Tenant and Landlord unconditionally agree to release, indemnify, defend and hold harmless City, its officers, directors, Agencies, employees, and authorized agents (collectively "Agents"), from any and all claims, liabilities, costs, damages or causes of action which Tenant and/or Landlord now have or in the future may have against City arising from the acquisition of the Property for the Project, including, but not limited to, any and all relocation assistance and other relocation and/or displacement benefits, and including compensation for any and all loss of business goodwill (if any), leasehold interests, personal property, improvements pertaining to realty, bonus value (if any), severance damages (if any), and any and all other damages to which Tenant and/or Landlord may be entitled to as a result of City's acquisition of the Acquired Property for the Project. 4. Attorney's Fees In the event of litigation relating to this ASA, the prevailing party shall be entitled to reasonable attorneys' fees and costs. 5. Entire Agreement This ASA contains the entire Agreement of the Parties hereto pertaining to the subject matter discussed herein, and supersedes any prior written or oral agreements between the Parties concerning the subject matter contained herein. This ASA may be modified only by a writing executed by the Parties hereto. 6. PartialInvalidity In the event that any term, covenant, condition or provision of this ASA shall be held by a court of competent jurisdiction to be invalid or against public policy, the remaining provisions shall continue in full force and effect. 7. Waiver The provisions of this ASA may be waived, altered, amended or repealed, in whole or in part, only upon the written consent of all Parties to this ASA. The waiver by one party of the duty of performance by the other Party of any provision in this ASA shall not invalidate this ASA, nor shall it be considered a waiver of any rights or remedies available to the non-breaching Party of this ASA. Acquisition Settlement Agreement Page 4 of 8 Tenant's Initials ~ Landlord's Initials