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"A GENERAL RELEASE DOES NOT EXTEND TO <br />CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR <br />SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE <br />TIME OF EXECUTING THE RELEASE, WHICH IF <br />KNOWN BY HIM OR HER MUST HAVE MATERIALLY <br />AFFECTED HIS OR HER SETTLEMENT WITH THE <br />DEBTOR." <br />The Business Owners, collectively and individually, hereby waive and relinquish all rights and <br />benefits conferred upon them by the provisions of Civil Code section 1542 to the full extent they may <br />lawfully waive such rights and benefits pertaining to the released claims as set forth in the preceding <br />paragraph. The Business Owners, collectively and individually, represent and warrant that they have <br />been given an opportunity to discuss with their counsel the effect of a waiver of the protections afforded <br />by California Civil Code section 1542. <br />10. The Business Owners, collectively and individually, hereby warrant and represent <br />that they own, fimmiture, fixtures, equipment and inventory for which they are being compensation <br />under this Agreement and for which they are granting the Release. The Business Owners, collectively <br />and individually, fimrther warrant and represent that they have not assigned any rights in or to said <br />interests/property and that no claims exist of equipment lessors or third parties with any type of <br />security interest in said interests/property. <br />11. This Agreement constitutes the entire agreement between the Parties hereto with <br />respect to the subject matter hereof and may not be modified except by an instrument in writing signed <br />by the party against whom enforcement is sought. <br />12. The Business Owners, collectively and individually, may not assign all or any part of <br />the Business Owners', or either oftheir, rights under this Agreement without the prior written consent of <br />CITY which shall not be unreasonably withheld. <br />13. The Parties shall each bear their own respective attorney fees and costs in connection <br />with the matters described in the Agreement. However, in the event any party to this Agreement files <br />an action or proceeding to enforce or interpret this Agreement, the prevailing party in such action or <br />proceeding shall be entitled to recover its reasonable attorney fees and costs in connection therewith. <br />14. Each of the Parties agree to perform any fimrther actions, execute and deliver any <br />fii Cher documents and obtain consents, as may be reasonably requested to fully effectuate the <br />purposes, terms and conditions of this Agreement. <br />-4- <br />3ei22292