FRANCO, JESUS CASILLAS - Laserfiche WebLink

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or had acquired by the Releasing Parties against any of the Released Parties, arising out of, concerning, pertaining to, or in any way connected to the Property Owners' ownership and use of property in Santa Ana as a nuisance within the meaning of the Santa Ana Municipal Code. These released claims are collectively referenced herein as the "Claims." 4. California Civil Code Section 1542 Waiver. With respect to the released Claims set forth herein; the Property Owner acknowledges that he has been advised by legal counsel and is familiar with the provisions of California Civil Code Section 1542, which provides as follows: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST 1N HIS OR. ITS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY MIM OR HER MUST' HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR," THE PROPERTY OWNER, BEING AWARE OF SAID CODE SECTION, .HEREBY EXPRESSLY WAIVES ANY RIGHTS HE MAY HAVE THEREUNDER, AS WELL AS UNDER ANY OTHER STA'T'UTES OR COMMON LAW PRINCIPLES OF SIMILAR EFFECT PERTAINING TO THE RELEASED CLAIMS, The Parties, and each of them, represent and warrant to the other that they execute this Agreement with fill knowledge of any and all rights which they may have by reason of any of the matters described herein and they have received herein. Each Party hereby further assumes the risk of mistake of fact in connection with the true facts involved in connection with the matters described herein, and with respect to any facts which are now unknown to them relating thereto, and agrees that this Agreement shall be in all respects enforceable and not subject to termination or rescission by any such difference in facts. 5. Successors and Assigns. This Agreement and all terms, conditions, and obligations contained herein, including, but not limited to, the release of Claims set forth herein, are binding upon and inure to the benefit of any assigns and successors -in -interest of the Parties. Each of the Patties represents and warrants that none of the Claims or causes of action being released herein has been transferred, assigned, or otherwise conveyed to any other person or entity, and each of the Parties is the holder of the Claims being released. 6. Representations. Each Party further represents and warrants, as to itself, but not as to any other Party, as follows: (a) Each Party is the sole and lawful owner of all right, title, and interest in and to every Claim and other matter that each such Party releases herein, and that each such Party has not heretofore assigned or transferred, or purported to assign or transfer, to any person, firm, or entity any Claims or other matters herein released. (b) Each Party has received or has had the opportunity to receive independent legal Page') of 7