|
of the PROPERTY, and will provide written notice of the specific vacation date from the PROPERTY
<br />at least five days prior to the same.
<br />4. Releases: Except for the obligations expressly set forth in this AGREEMENT, the
<br />CITY agrees to release and forever discharge the LEES and the LEES agree to release and forever
<br />discharge the CITY, and each of their respective parent companies, officers, directors,
<br />shareholders, partners, members, agents, insurers, employees, attorneys, successors and assigns,
<br />parents, affiliates, subsidiaries, related entities and all of their officers, directors, shareholders,
<br />partners, members, agents, insurers, employees, attorneys, successors and assigns and each of
<br />them, from any and all claims, demands, grievances, liabilities, debts, accounts, obligations, costs,
<br />expenses, liens, actions or causes of action, of every kind and nature whatsoever, including those
<br />for damages, the condition of the PROPERTY and its improvements, compensation, relocation
<br />assistance, relocation benefits, loss of goodwill, compensation for personal property (loss of
<br />inventory), furniture, fixtures and equipment, punitive damages, interest, costs, attorney's and
<br />appraisal fees existing as of the date of this AGREEMENT, whether known or unknown,
<br />anticipated or not, suspected or not, arising directly and /or indirectly from or directly and/or
<br />indirectly connected to the PROPERTY and LEES business on the PROPERTY.
<br />5, Waiver of Civil Code section 1542: The PARTIES acknowledges that he, she or it,
<br />as applicable, is familiar with and has been advised by his, her or its, as applicable, attorney with
<br />respect to the provisions of California Civil Code Section 1542, which provides:
<br />A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
<br />WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT
<br />TO EXIST IN HIS OR HER FAVOR AT THE TIME OF
<br />EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM
<br />OR HER MUST HAVE MATERIALLY AFFECTED HIS OR
<br />HER SETTLEMENT WITH THE DEBTOR.
<br />Page 3 of 8
<br />4376691.1 --N1476,1
<br />
|