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as the "Released Parties"), from any and all past, present, or future rights, claims, demands, obligations, <br />losses, debts, liabilities, offsets, promises, acts, omissions, agreements, costs and expenses, damages, <br />injuries, suits, allegations, appeals, actions and causes of action for damages, equitable relief, and <br />compensation of every kind and nature whatsoever, whether known or unknown, suspected or <br />unsuspected, contingent or fixed, whether past, present, or future, whether based in contract, tort, statute, <br />or other legal or equitable theory of recovery, which, as of the date of this Agreement, the Releasing <br />Parties have, or had, or which may later accrue to or be acquired by the Releasing Parties against any of <br />the Released Parties, arising out of, concerning, pertaining to, or in any way connected to the Settling <br />Defendants' ownership and use of property in the City of Santa Ana. These released claims are collectively <br />referenced herein as the "Claims." <br />6. California Civil Code Section 1542 Waiver. With respect to the released Claims set forth <br />herein, the Settling Defendants acknowledge that they have been advised by legal counsel and are familiar <br />with the provisions of California Civil Code Section 1542, which provides as follows: <br />"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE <br />CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO <br />EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE <br />RELEASE, AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE <br />MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE <br />DEBTOR OR RELEASED PARTY." <br />THE SETTLING DEFENDANTS, BEING AWARE OF SAID CODE SECTION, HEREBY <br />EXPRESSLY WAIVE ANY RIGHTS THEY MAY HAVE THEREUNDER, AS WELL AS UNDER <br />ANY OTHER STATUTES OR COMMON LAW PRINCIPLES OF SIMILAR EFFECT PERTAINING <br />TO THE RELEASED CLAIMS. <br />The Parties, and each of them, represent and warrant to the other that they execute this Agreement <br />with full knowledge of any and all rights which they may have by reason of any of the matters described <br />herein and they have received herein. Each Party hereby further assumes the risk of mistake of fact in <br />connection with the true facts involved in connection with the matters described herein, and with respect to <br />any facts which are now unknown to them relating thereto, and agrees that this Agreement shall be in all <br />respects enforceable and not subject to termination or rescission by any such difference in facts. <br />7. Successors and Assigns. This Agreement and all terms, conditions, and obligations <br />contained herein, including, but not limited to, the release of Claims set forth herein, are binding upon all <br />persons having or acquiring any right or title in the Property, including any leasehold interest, or any part <br />thereof, and any assigns and successors -in -interest of the Parties. <br />8. Warranty. Each of the Parties represents and warrants that none of the Claims or causes of <br />action being released herein has been transferred, assigned, or otherwise conveyed to any other person or <br />entity, and each of the Parties is the holder of the Claims being released. <br />9. Representations. Each Party further represents and warrants, as to itself, but not as to any <br />other Party, as follows: <br />