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<br /> <br /> <br /> <br /> <br /> <br /> A general release does not extend to claims which the creditor does not know or <br /> suspect to exist in his/her favor at the time of executing the release, which if <br /> known by him/her must have materially affected his/her settlement with the <br /> debtor. <br /> <br /> Each party acknowledges the foregoing waiver of the provisions of California <br /> Civil Code Section 1542 was separately bargained for and expressly consents <br /> that this Agreement shall be given full force and effect in accordance with each <br /> and all of its express terms and provisions, including those terms and provisions <br /> relating to unknown or unsuspected claims, demands and causes of action, if <br /> any, to the same effect as those terms and provisions relating to any other <br /> claims, demands and causes of action herein above specified. <br /> (c) Each party acknowledges that it may hereafter discover facts or law different <br /> from or in addition to those which it now believes to be true with respect to the <br /> release of claims. Each party agrees that the foregoing release shall be and <br /> remain effective in all respects notwithstanding such different or additional facts <br /> or law or any party's discovery thereof. The Parties shall not be entitled to any <br /> relief in connection therewith, including, but not limited to, any damages or any <br /> right or claim to set aside or rescind this Agreement. <br /> (d) None of the Parties or their respective agents nor any related entities have made <br /> any statement or presentation to the other regarding any fact relied upon in <br /> entering into this Agreement and the Parties, and each of them, expressly do not <br /> rely upon any statement, representation or promise of any other party or nay <br /> party's agent or related entities in executing this Agreement, except as is <br /> expressly set forth herein. Each of the Parties has made such investigation of <br /> the facts and law pertaining to the subject matter of this Agreement as it deems <br /> necessary, and has consulted with legal counsel of its own choosing concerning <br /> these matters. <br /> (e) Tenant hereby represents and warrants as of the Effective Date of this <br /> Agreement that (1) to its actual knowledge, no other entity or person has any <br /> right, title, or interest whatsoever in the released claims, and (2) that there has <br /> been no assignment, transfer, conveyance or other disposition by Tenant of any <br /> of the released claims, and that Tenant will not make any such assignment, <br /> transfer, conveyance or other disposition subsequent to the Effective Date of this <br /> Agreement. Tenant acknowledges that the Authority has relied and is relying <br /> upon such representations and warranties in entering into this Agreement. <br /> (f) Tenant will Hold Harmless and defend City, its employees, agents, contractors or <br /> representatives from any claims that may arise from Tenant's nondisclosure of <br /> any other interests in the Property or personal property referenced by this <br /> agreement. <br /> (g) This Agreement represents a settlement of doubtful and disputed claims between <br /> the Parties and does not constitute any admission of liability by either party to the <br /> other party to this Agreement. City has delivered to Owner an offer to purchase <br /> the Property under threat of eminent domain pursuant to Government Code <br /> Section 7267.2. Tenant and City now wish to enter into this Agreement in lieu of <br /> eminent domain proceedings. <br /> <br /> 3of7 <br /> 25H-7 <br />