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CASILLAS, SERGIO BACERRA
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CASILLAS, SERGIO BACERRA
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Last modified
5/16/2023 9:07:38 AM
Creation date
5/16/2023 9:07:08 AM
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Contracts
Company Name
CASILLAS, SERGIO BACERRA
Contract #
N-2023-114
Agency
City Attorney's Office
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DocuSign Envelope ID: A5414ED5-93ED-4AAA-A317-1ABE1 FC7AFIF <br />5. Transfer of Ownership. In the event that the Buyer cannot close escrow and Respondent <br />Munsell or other party retains ownership of the Property, this Agreement shall be null and void and the <br />Action shall continue with Respondents being subject to the City's requested relief from the Court. <br />6. Release. <br />(a) Notwithstanding the provisions of Civil Code section 1542, Respondent <br />Munsell hereby irrevocably and unconditionally release and forever discharge Petitioner and each and all of <br />Petitioner, its officers, agents, directors, supervisors, employees, agents, representatives, and Petitioner <br />successors and assigns and all persons acting by, through, under, or in concert with Petitioner from any and <br />all charges, complaints, claims, violations and liabilities of any kind or nature whatsoever, known or <br />unknown suspected or unsuspected (hereinafter referred to as a "Claim" or "Claims") which Respondent <br />Munsell at any time heretofore had or claimed to have or which Respondent Munsell at any time now or <br />hereafter may have or claim to have, which relates or pertains to the Property in any manner and/or to the <br />allegations contained in the complaint filed in the Action. <br />(b) Notwithstanding the provisions of Civil Code section 1542, Petitioner hereto <br />hereby irrevocably and unconditionally release and forever discharge's Respondent Munsell and each and <br />all of Respondent Muhsell's officers, agents, directors, supervisors, employees, agents, representatives, <br />trustees, prior trustees, all persons acting by, through, under, or in concert with:Respondent Munsell from <br />any and all Claim or Claims which Petitioner at any time heretofore had or claimed to have or which <br />Petitioner at any time now or hereafter may have or claim to have, which relates or pertains to the Property <br />in any manner and/or to the allegations contained in the complaint filed in the Action. <br />(c) The releases found in this paragraph 6 are not applicable against Buyer, on <br />behalf of itself, its successors and assigns and any subsequent owner of the Property. <br />7. California Civil Code Section 1542 Waiver. With respect to the released Claims set forth <br />herein, the Parties, and each of them, acknowledge that they have been advised by legal counsel and are <br />familiar with theprovisions 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 PARTIES, 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 />
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