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2. Release
<br />(a) Nothing contained herein shall constitute a release or discharge by either party
<br />for any of the undertakings of the other party to this Settlement Agreement. This
<br />Agreement shall serve as a full release and discharge by the Parties, on behalf of
<br />themselves, their agents, representatives, assigns, trustees, administrators,
<br />attorneys, heirs, relatives, spouses, ex-spouses, beneficiaries, and successors in
<br />interest, in consideration of the mutual covenants and promises contained herein,
<br />of the Tenant, the City of Santa Ana, the City of Santa Ana Public Works Agency,
<br />and those parties' accountants, other professionals, agents, representatives,
<br />assigns, employees, administrators, trustees, insurers, attorneys, heirs,
<br />beneficiaries, and successors in interest (collectively the "Released Parties"),
<br />from all rights, claims or cross-claims, demands, actions, or causes of action,
<br />including those for damages, compensation, loss of goodwill, property interest,
<br />compensation for personal property (loss of inventory), furniture, fixtures and
<br />equipment, punitive damages, interest, costs, attorney's and appraisal fees,
<br />injunctive or declaratory relief, or for relief by way of writ of mandate, or for
<br />demands, damages, refunds, debts, liabilities, reckonings, accounts, obligations,
<br />costs, expenses, liens, actions, causes, and causes of action of whatever kind, at
<br />law or in equity, that the Parties have now or may have against any of the
<br />Released Parties arising from the facts and circumstances described in this
<br />Agreement including but not limited to (1) the acquisition of the Property by the
<br />City, (2) Tenant's leasehold interest, if any, in the Property (or any portion
<br />thereof) or (3) any other right or interest Tenant may have, assert, or claim by
<br />reason of City's actions or failure to act, including, but not limited to, any claim to
<br />relocation assistance, relocation benefits or compensation for property or loss of
<br />goodwill from the City.
<br />(b) In making this release, the Parties intend to and do release, acquit and discharge
<br />the Released Parties, and each of them, from any liability of any nature
<br />whatsoever for any claim, injury, damages, or equitable or declaratory relief of
<br />any kind, whether the claim, or any facts on which such claim might be based, is
<br />known or unknown to the party possessing the claim. Each party expressly
<br />acknowledges and waives any and all rights under Section 1542 of the California
<br />Civil Code, which the Parties understand provides as follows:
<br />A genera/ re/ease does not extend to c/aims which the creditor does not Know or
<br />suspect to exist in his/her favor at the time of executing the re/ease, which if
<br />Known by him/her must have materia//y affected his/her sett/ement with the
<br />debtor.
<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
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