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13. Acknowledgment of Full Benefits and Release.
<br />A. By execution of this Agreement, Seller, on behalf of himself, his heirs, executors, administrators,
<br />successors and assigns, hereby acknowledges that this Agreement provides full payment for the
<br />acquisition of the Property by Buyer, and Seller hereby expressly and unconditionally waives any claim
<br />for compensation for injury to the remainder ("severance damages"); precondemnation damages;
<br />claims for inverse condemnation; loss of goodwill and/or lost profits; loss or impairment of any "bonus
<br />value" attributable to any lease; damage to or loss of improvements pertaining to the realty; damage to
<br />or loss of machinery, fixtures, inventory, equipment and/or personal property; any right to repurchase,
<br />leaseback from Seller, or receive any financial gain from, the sale of any portion of the Property , or
<br />challenge Buyer's adoption of a resolution of necessity, pursuant to Code of Civil Procedure sections
<br />1245.245; any right to receive any notices pursuant to Code of Civil Procedure section 1245.245; any
<br />right to enforce any other obligation placed upon Seller pursuant to Code of Civil Procedure sections
<br />1245.245, 1263.025 and 1263.615; any other rights conferred upon Defendants pursuant to Code of
<br />Civil Procedure sections 1245.245 and 1263.615 and 1263.025; and attorney's fees and costs. It being
<br />understood that this is a complete and full settlement of all acquisition claims, liabilities, or benefits of
<br />any type or nature whatsoever relating to or in connection with the acquisition of the Property by Buyer.
<br />This release shall survive the Close of Escrow.
<br />B. This Agreement arose out of Buyer's efforts to acquire the Property through its municipal authority.
<br />Seller, on behalf of himself, his heirs, executors, administrators, successors and assigns, hereby fully
<br />releases Buyer, its successors, agents, representatives (including attorneys), and assigns, and all other
<br />persons and associations, known or unknown, from all claims and causes of action by reason of any
<br />damage which has been sustained by Seller, or may be sustained by Seller, as a result of Buyer's efforts
<br />to acquire the Property or to construct the works of improvement thereon, or any preliminary steps
<br />thereto. This Agreement does not, and shall not be construed to, require Seller to indemnify Buyer for
<br />damages which may arise as a result of Buyer's efforts to construct improvements on the Property.
<br />C. Seller hereby acknowledges that he either has consulted with legal counsel, or had an opportunity to
<br />consult with legal counsel, regarding the provisions of the California Civil Code section 1542, which
<br />provides as follows:
<br />"A general release does not extend to claims which the creditor does not know or suspect
<br />to exist in his or her favor at the time of executing the release, which if known by him or
<br />her must have materially affected his or her settlement with the debtor."
<br />Seller acknowledges that he may have sustained damage, loss, costs or expenses which are presently
<br />unknown and unsuspected, and such damage, loss, costs or expenses which may have been sustained, may
<br />give rise to additional damage, loss, costs or expenses in the future. Nevertheless, Seller hereby acknowledges
<br />that this Agreement has been negotiated and agreed upon in light of that situation, and hereby expressly waives
<br />any and all rights which Seller may have under California Civil Code Section 1542, or under any statute or
<br />common law or equitable principal of similar effect.
<br />This acknowledgment and release shall survive the Close of Escrow.
<br />14. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M-36, Santa Ana, CA
<br />92701. The mailing address of the Seller is 1002 N. Fairview Street, Santa Ana, CA 92703-1811.
<br />15. Exceptions. City agrees to accept title to said real property interests subject to the following: NONE.
<br />16. Entire Agreement. It is mutually agreed that the Parties hereto have herein set forth the whole of their
<br />Agreement. Performance of this PSA by City shall lay at rest, each, every, and all issue(s) that were raised or
<br />could have been raised in connection with the acquisition of Said Real Property by City.
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