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2. CONSIDERATION. <br />In consideration of this Agreement, City shall pay to the Business the sum of One <br />Hundred Sixty -Three Thousand Dollars ($163,000.00) as a full and final settlement of all claims <br />by the Business for loss of goodwill as alleged to have been suffered by the Business arising <br />from the acquisition of the Property. Payment shall be by check made payable to Khaled H. <br />Jawhary dba Advantage Auto Insurance Brokerage. <br />3. RELEASE. <br />(a) In further consideration of this Agreement and in recognition of the benefits to be <br />derived therefrom, and except as to the rights, duties and obligations of the Parties as set forth in <br />this Agreement, the Business hereby releases, and fully and finally and forever discharges City, <br />and each of its administrators, assigns, agents, directors, officers, partners, employees, <br />representatives, lawyers, and all persons acting by, through, under, or in concert with the City or <br />any of them, of and from any and all manner of actions or causes of action, in law or in equity, <br />suits, debts, liens, liabilities, claims, demands, and damages of any nature whatsoever, known or <br />unknown, fixed or contingent including, but not limited to severance damages, relocation <br />assistance, relocation benefits, claims for inverse condemnation or unreasonable <br />precondemnation conduct, or any other claims for damages or benefits arising from the <br />acquisition of the Property by the City, existing or as the law may change, including without <br />limitation, claims which the Business may now have against the City arising from or related to <br />the acquisition and use of the Property by the City and any claim for loss of goodwill. <br />(b) Except as otherwise provided in this Agreement, it is the intention of the Parties <br />that this Release shall be effective as a bar to all claims, causes of action, actions, damages, <br />losses, demands, accounts, reckonings, rights, debts, liabilities, obligations, and attorneys' fees, <br />of every character and kind, lmown or unknown, existing or contingent, latent or patent; and in <br />furtherance of such intention, the Business expressly waives any and all rights conferred upon it <br />by the provisions of California Civil Code Section 1542, which reads as follows: <br />A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS <br />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 />4. NECESSARY ACTS. <br />Each Party shall perform any further acts and execute and deliver any further documents <br />that may be reasonably necessary to carry out the provisions of this Agreement. <br />5. AUTHORITY TO SIGN. <br />Each Party warrants that the individuals who have signed this Agreement on behalf of <br />that Party have the legal power, right, and authority to so sign and thereby bind that Party and its <br />Page 2 of 4 <br />