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whatsoever which any of them might have asserted against Releasees, regardless of whether known <br />or unknown, in law or in equity arising from, relating to, or resulting from CITY's acquisition of the <br />Subject Property, relocation of the Business and the construction and use of the Project in the <br />manner proposed (the "Released Claims"). The Released Claims shall include, without limitation, <br />any and all claims, known and unknown, under the Eminent Domain Law as set forth in the <br />California Code of Civil Procedure commencing with section 1230.010 (e.g., CITY's right to take <br />the Subject Property, compensation for the fair market value of the property interests acquired by <br />CITY, pre-condemnation damages and/or blight, damages to Business Owners' Business and/or <br />remaining property interests by virtue of CITY's acquisition of the Subject Property and/or the <br />construction and use of the Project in the manner proposed, leasehold bonus value, loss of or damage <br />to the Business Owners' business goodwill, lost profits, losses of or damages to the furnishings, <br />fixtures and equipment of the Business, losses of or damages to the improvements pertaining to the <br />realty, losses arising from the removal and/or relocation of other tenants of the Subject Property, and <br />any and all damages and losses of every kind and nature caused by or in connection with CITY's <br />actions and acquisition activities connected with or arising from the Project. The Released Claims shall <br />further include, without limitation, any and all claims, known and unknown, that either were or could <br />have been asserted by the Business Owners, collectively and individually, based on inverse <br />condemnation, pre-condemnation damages, attorney fees and costs, and claims for relocation advisory <br />and/or assistance payments pursuant to the California Government Code and California and <br />Federal Code of Regulations. The provisions of this paragraph shall hereinafter be referred to <br />as the "Release." <br />9. Waiver of Section 1542. It is understood and agreed by the Business Owners, <br />collectively and individually, that the facts with respect to which the Release provided in this <br />Agreement is given may differ from the facts now known or believed to be true by the Business <br />Owners, or either of them The Business Owners, collectively and individually, hereto expressly <br />assume the risk that the facts might be different than they now appear, and agree that the foregoing <br />Release shall be, in all respects, effective and not subject to termination or rescission by any such <br />difference in facts. The Business Owners, collectively and individually, hereby expressly waive any <br />and all rights the Business Owners have or may have under California Civil Code Section 1542, <br />which provides as follows: <br />3612229.2 <br />3-