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cause of action or alleged cause action or claim or demand which has, through oversight or <br />intentionally or unintentionally or through a mutual mistake been omitted from this <br />Release. <br />2. Without any admission as to liability, and in exchange for a negotiated final payment by <br />City to Avocette in the amount of $50,000.00 for services rendered under Agreements #A- <br />2021-092 and 4A-2021-093, Avocette does hereby release, cancel, forgive and forever <br />discharge City, and each of its predecessors, parent corporations, holding companies, <br />subsidiaries, affiliates, divisions, heirs, successors, and assigns, and all of its officials, <br />officers, directors and employees from all actions, claims, demands, damages, obligations, <br />liabilities, controversies, and executions, of any kind or nature, whatsoever, whether known <br />or unknown, whether suspected or not, which have arisen, or may have arisen, or shall arise <br />by reason of the indebtedness and/or the guarantee of payment of the indebtedness as <br />designated and described in the Release from the first day of the world, including this day <br />and each day hereafter, and Avocette does specifically waive any claim or right to assert <br />any cause of action or alleged cause action or claim or demand which has, through <br />oversight or intentionally or unintentionally or through a mutual mistake been omitted from <br />this Release. <br />3. Each Party understands that it may later discover claims or facts that may be different from, <br />or in addition, to those that it now knows or believes to exist regarding the subject matter <br />of the release and which, if known at the time of signing this Release, may have materially <br />affected this Release and such Party's decision to enter into it and grant the Release. <br />Nevertheless, the Parties intend to fully, finally, and forever settle and release all claims <br />that now exist, may exist, or previously existed, whether known or unknown, foreseen or <br />unforeseen, or suspected or unsuspected, and the release given herein is and will remain in <br />effect as a complete release, notwithstanding the discovery or existence of such additional <br />or different facts. The Parties hereby waive any right or claim that might arise as a result <br />of such different or additional claims or facts. The Parties have been made aware of, and <br />understand, the provisions of California Civil Code Section 1542 ("Section 1542"), which <br />provides: <br />"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT <br />THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR <br />SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF <br />EXECUTING THE RELEASE AND THAT, IF I{NOWN BY HIM OR <br />HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER <br />SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY." <br />The Parties expressly, knowingly, and intentionally waive any and all rights, benefits, and <br />protections of Section 1542 and of any other state or federal statute or common law <br />principle limiting the scope of a general release. <br />4. The Parties acknowledge this a general release, and represent and warrant that no other <br />person or entity has, or has had, any interest in the claims, demands, or obligations set forth <br />Page 2 of 3 <br />