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this tranS..agion for the Igrovernen'ts. 'It shall be presumed that the Property owner is the owner
<br />of all lunprovemonts, fixtures and equipment associated with the Promises other than the
<br />Improvements
<br />11, DISMISSAL OF EMINENT DOMAIN ACTION, If Buyer has previously filet{
<br />Ali notion to om'demn the Tenancy Interest and /or Tenant - Seller's interest in the hnpfovements,
<br />Tcrant•Seller hereby consents to the dismissal of such action and waives any olahns for
<br />compensation, costs, attorney's fees slid deposits In said action, of any claim whatsoever which
<br />might arise out of the filing of such action, whether of fiat such claim is specifically identified
<br />herelm Tenant - Seller hereby authorizes Buyer to withdraw and make payable to Buyer any
<br />funds deposited with the Court in any such eminent domain action.
<br />12, CLOSING PURC14AS13 PRICE ADJUSTMENTS, Reeordi"g of tite Quitclaim
<br />Deed by Buyer will constitute "Closing" of this transaction At Closing, Buyer will pay the
<br />Purchase Price to Tenant - Seiler, snbjcot to tite following adjustments:
<br />A. Pay and charge Tenant - Soller for any and all current and /or delinquent
<br />taxes and any penalties and Interest thereon, and for any delinquent or non- delliaquont
<br />assessments or bonds against the Improvements and the Tenancy Hnterest.
<br />B, Pay and charge Tenant - Seller for any amount necessary to Place title in the
<br />condition necessary to satisfy Paragraphs 4 and 9 of this Agreement;
<br />C. Disburse fiends when conditions of this Agreement have been satisfied by
<br />Buyer and Tenant - Seller.
<br />13. FULL AN COMPI FTE SETTLEMENT, Tenant- Sellor hereby acknowledges
<br />that the compensation paid to Tenant- Soller through this Agreement constitutes the full sand
<br />complete settlement of any and all claims against Buyer, resulting from or arising out of Buyer's
<br />acquisition of the Property and the Tenancy Interest and any dislocation of Tenant - Seller from
<br />the Premises, specifically including, but not limited to the value of the Improvements, leasehold
<br />improvements, any and all claims for rental or leasehold value and any and all claims eat inverse
<br />condemnation and for pmeondellination damages, and any and all other claims that Tenant - Seller
<br />may have, whether or not specifically montiom(l here, relating directly or indirectly to tite
<br />acquisition by Buyer of the Property, the Improvements and the Tenancy Interest (but excluding
<br />relocation bonefits to which Tonant- Seller may be entitled and tine loss of btashrass goodwill, if
<br />any). Tonant- Sellor hereby disoloiams any right, title or interest in or to the Premises. Tenant-
<br />Setter and Buyer and each and all of their agents, representativos, attorneys, principals,
<br />predecessors, successors, assigns, administrators, executors, heirs, and beneficiaries (collectively
<br />"Releasees "), hereby release the other party, and its Releasees, and each of tile"' fl-0111 any and
<br />all obligations, liabilities, claims, costs, expenses, demands, debts, controversies, damages,
<br />causes of action, including without limitation ttaase relating to just compensation or damages
<br />which any of them now have, or {night hereafter have by reason of any smatter or thing arising
<br />out of or in any way related to any condemnation action affecting tine Property, the
<br />Improvements sad the Tenancy Intarost, Additionally, Tenant- SolLer hereby oxpr'ossly and
<br />unconditionally waives any claims (known or unknown) including loss of goodwill, severance
<br />damages, statutory interest, claims for inverse condemnation or unroosonable pre- conclenmatioa
<br />25E -7
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