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RIOS, ANTONIO DBA THE SMOG PLACE (Loss of Business Goodwill)
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RIOS, ANTONIO DBA THE SMOG PLACE (Loss of Business Goodwill)
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Last modified
7/21/2014 10:41:41 AM
Creation date
7/21/2014 9:29:30 AM
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Contracts
Company Name
RIOS, ANTONIO DBA THE SMOG PLACE
Contract #
A-2014-115
Agency
PUBLIC WORKS
Council Approval Date
5/20/2014
Destruction Year
0
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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 "), from <br />all rights, claims or cross - claims, demands, actions, or causes of action related to <br />any loss of business goodwill that the Parties have now or may have against any <br />of the 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 />Agency, (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 Agency's actions or failure to act. <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 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 />Each party acknowledges the foregoing waiver of the provisions of California <br />Civil Code Section 1542 was separately bargained for and expressly consents that <br />this Agreement shall be given full force and effect in accordance with each and all <br />of its express terms and provisions, including those terms and provisions relating <br />to unknown or unsuspected claims, demands and causes of action, if any, to the <br />same effect as those terms and provisions relating to any other claims, demands <br />and causes of action herein above specified. <br />(c) Each party acknowledges that it may hereafter discover facts or law different from <br />or in addition to those which it now believes to be true with respect to the release <br />of claims. Each party agrees that the foregoing release shall be and remain <br />effective in all respects notwithstanding such different or additional facts or law <br />or any party's discovery thereof. The Parties shall not be entitled to any relief in <br />connection therewith, including, but not limited to, any damages or any right or <br />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 any <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 the <br />facts and law pertaining to the subject matter of this Agreement as it deems <br />2of6 <br />
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