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MainPlace
<br />Mall
<br />CEATE"NIAL COLLECTIOO
<br />Release and Hold Harmless Agreement
<br />THE UNDERSIGNED HEREBY AGREES THAT
<br />In consideration for access to that certain shopping center commonly known as MainPlace Mall (the
<br />"Premises") the undersigned, on behalf of itself and its next of kin and anyone claiming through the
<br />undersigned, hereby releases, and forever discharges Centennial Real Estate Management LLC, a Texas
<br />limited liability company, and MainPlace Shoppingtown LLC as well as its respective officers, directors,
<br />shareholders, agents, parents, affiliates, servants, employees, predecessors, successors and assigns, tenants
<br />and licensees (collectively, the "Centennial Parties") from any and all damages, losses, claims, demands,
<br />liabilities, obligations, actions and causes whatsoever, whether known or unknown, whether liability be
<br />direct or indirect, liquidated or unliquidated, whether absolute or contingent, foreseen or unforeseen,
<br />suspected or unsuspected, anticipated or unanticipated, disclosed or undisclosed, and whether or not
<br />heretofore asserted, upon or by reason or as a result of the use of or access to the Premises from and after the
<br />date hereof regardless of how such injury may arise, regardless of who is at fault or whose negligence caused
<br />such injury, so long as such loss or damage is not caused by the gress negligence or willful misconduct of
<br />any of the Centennial Parties.
<br />The undersigned shall defend, indemnify and hold the Centennial Parties harmless (with Ansel
<br />-ease nabl, satisfaetefy ,_ 4he Centennial PaAi s) from and against any and all claims, demands and causes of
<br />action of any third parties, and any costs (including reasonable attorneys' fees) associated therewith that in
<br />any way are or are alleged to be caused by, or arise out of use of or access to the Premises from and after the
<br />date hereof. The undersigned agrees to reimburse the Centennial Parties for any damage caused by the
<br />undersigned's access to or operations within or around the Premises.
<br />The undersigned agrees to comply with the rules and regulations applicable to the Premises. The
<br />undersigned also agrees to comply with all rules, regulations, ordinances, and statutes of any governmental
<br />entity or nongovernmental entity having jurisdiction over the Premises, and to obtain all necessary permits,
<br />licenses or other approvals that may be required from any entity to conduct all activities.
<br />The undersigned understands that the facts upon which this Release and Hold Harmless Agreement
<br />is made may hereafter turn out to be other than or different from the facts now known or believed be true and
<br />the undersigned accepts and assumes the risk of the facts to be different than now known or believed to be
<br />true. The undersigned agrees that this Release and Hold Harmless Agreement shall be and remain in all
<br />respects effective and not subject to termination or rescission by virtue of any difference of facts.
<br />California Civil Code § 1542, which is hereby expressly waived with respect to this release reads as
<br />follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in
<br />his or her favor at the time of executing the release, which if known by him or her must have materially
<br />affected his settlement with the debtor." I similarly waive any and all rights or benefits conferred by any
<br />statute, regulation, or principle of common law or civil law of the United States or any state, commonwealth,
<br />territory, or other jurisdiction thereof or of any foreign country or other foreign jurisdiction which is similar,
<br />comparable or equivalent to § 1542 of the California Civil Code.
<br />#35351vl#15194-4v1
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