Laserfiche WebLink
Tenant -Seller acknowledges that it and any others acting on its behalf herein may <br />have sustained damage, loss, cost, or expenses that are presently unknown and unsuspected and <br />which may give rise to additional damages, loss, costs, or expenses in the future. Nevertheless, <br />Tenant -Seller acknowledges that this Agreement has been negotiated and agreed upon in light of <br />that situation and hereby expressly waives any and all rights which it or others acting on its behalf <br />may have under California Civil Code § 1542, or under any statute or common law or equitable <br />principle of similar effect. <br />Tenant -Seller: /1 L <br />15. CONTINGENCY. This transaction is subject to and contingent upon (a) receipt by <br />Buyer of the duly executed Quitclaim Deed from Tenant -Seller with respect to the Tenancy Interest <br />and the Conveyed Improvements; (b) title to the Conveyed Improvements being free and clear; and <br />(c) approval and acceptance by Buyer. <br />16. REMOVAL OF RETAINED IMPROVEMENTS. Buyer and Tenant -Seller further <br />agree that the Retained Improvements described in Exhibit C shall be removed from the Premises at <br />no expense to Buyer on or before the date Tenant -Seller vacates the Premises. Such removal shall <br />be accomplished without damage or waste to the Premises and shall not render the Premises unsafe. <br />Any Retained Improvements remaining in or on the Premises following the vacation date shall be <br />deemed abandoned and Buyer may dispose of same in any manner without any further obligation <br />whatsoever to Tenant -Seller. <br />17. AGREEMENT TO EXECUTE. Tenant -Seller and Buyer agree to execute and file <br />any additional agreements, consents or other documents reasonably necessary to effect the full and <br />complete settlement and purchase of the Conveyed Improvements and the Tenancy Interest. <br />18. AUTHORIZATION TO EXECUTE. Tenant -Seller and Buyer represent and warrant <br />that the persons executing this Agreement are duly authorized to do so and to act on behalf of <br />Tenant -Seller and Buyer respectively. <br />19. COMPROMISE IN SETTLEMENT. This Agreement is a compromise in settlement <br />of pending or potential litigation between Tenant -Seller and Buyer and shall never be treated as an <br />admission by Buyer for any purpose of liability or as to value of any property or claim. <br />20. SURVIVAL OF RIGHTS AND OBLIGATIONS. Notwithstanding the releases <br />contained herein and agreement concerning this transaction, all the rights and obligations created <br />under and pursuant to this Agreement shall survive the execution of the Agreement, the releases <br />contained herein and the Closing of this transaction. <br />21. WARRANTIES, REPRESENTATIONS AND COVENANTS OF TENANT - <br />SELLER. Tenant -Seller hereby warrants, represents, and/or covenants to Buyer that: <br />A. To the best of Tenant -Seller's knowledge, there are no actions, suits, material <br />claims, legal proceedings, or any other proceedings affecting the Conveyed Improvements, the <br />Tenancy Interest or any portion thereof, at law or in equity, before any court or governmental <br />agency. <br />B. Until the Closing, Tenant -Seller shall maintain the Conveyed Improvements <br />and the Premises in good condition and state of repair and maintenance, and shall perform all of its <br />17336.02100\7050998.2 A_4 <br />