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2. CONSIDERATION.
<br />In consideration of this Agreement, City shall pay to the Business the sum of One
<br />Hundred Thirty -Five Thousand Five Hundred Dollars ($135,500.00) in new compensation as a
<br />full and final settlement of all claims by the Business for loss of goodwill alleged to have been
<br />suffered by the Business arising from the acquisition of the Property. Payment shall be by check
<br />made payable to "Peterson Law Group PC Attorney Client Trust Account" within forty-five days
<br />of approval of this Agreement by City's City Council.
<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 matters which have previously been resolved and the rights,
<br />duties and obligations of the Parties as set forth in this Agreement, the Business hereby releases,
<br />and fully and finally and forever discharges City, and each of its administrators, assigns, agents,
<br />directors, officers, partners, employees, representatives, lawyers, and all persons acting by,
<br />through, under, or in concert with the City or any of them, of and from any and all manner of
<br />actions or causes of action, in law or in equity, suits, debts, liens, liabilities, claims, demands,
<br />and damages of any nature whatsoever, known or unknown, fixed or contingent including, but
<br />not limited to severance damages, relocation assistance, relocation benefits, claims for inverse
<br />condemnation or unreasonable precondemnation conduct, or any other claims for damages or
<br />benefits arising from the acquisition of the Property by the City, existing or as the law may
<br />change, including without limitation, claims which the Business may now have against the City
<br />arising from or related to the acquisition and use of the Property by the City and any claim for
<br />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 previously unresolved claims, causes of action,
<br />actions, damages, losses, demands, accounts, reckonings, rights, debts, liabilities, obligations,
<br />and attorneys' fees, of every character and kind, known or unknown, existing or contingent,
<br />latent or patent, which are related to the Property or the Business' displacement from the
<br />Property; and in furtherance of such intention, the Business expressly waives any and all rights
<br />conferred upon it by the provisions of California Civil Code Section 1542, which reads as
<br />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.
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