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Buyer's acquisition of the Fee Interest on the Property in connection with the Project, and the
<br />impacts of said acquisition or construction of the Project on the leasehold interest of Business, any
<br />and all claims of Business in connection with the leasehold value and loss of business goodwill
<br />under Code of Civil Procedure Section 1263.510, and all claims in inverse condemnation,
<br />precondemnation damages, lost profits, loss of rent, and any and all other claims that Business
<br />may have, whether or not specifically mentioned here, relating directly or indirectly to the
<br />acquisition by the City of the Fee Interest on the Property and..the impact of said acquisition and
<br />construction of the Project on the leasehold interest of Business and loss of business goodwill of
<br />Business. The Parties agree, however, that the payment by the City for the benefit of Business of
<br />the Total Just Compensation pursuant to this Agreement excludes any relocation benefits and
<br />assistance to which Business may be entitled. Business, on behalf of Business, its successors and
<br />assigns, hereby fully releases the City, its officers, board of trustees, representatives, and
<br />employees, from any and all claims and causes of action by reason of any damage which has been
<br />sustained, or may be sustained, as a result of (i) City's purchase of the Fee Interest on the Property,
<br />or any preliminary steps thereto or (ii) impact of the acquisition of any portions of the Fee Interest
<br />on the interest of Business in and to any portions of the Property (iii) the construction and/or
<br />operation of the Project, including, without limitation, its construction, reconstruction,
<br />development, redevelopment, operation, maintenance, repair, existence and use.
<br />7. ACKNOWLEDGMENT CONCERNING CIVIL CODE SECTION 1542.
<br />Business hereby acknowledges that Business has consulted or had an opportunity to consult with
<br />legal counsel regarding, and represents and warrants that it is familiar with, California Civil Code
<br />Section 1542, which provides as follows:
<br />"A general release does not extend to claims that the creditor or
<br />releasing party does not know or suspect to exist in his or her favor
<br />at the time of executing the release and that, if known by him or her,
<br />would have materially affected his or her settlement with the debtor
<br />or released party."
<br />Business acknowledges that, with respect to the acquisition by the City of the Fee Interest
<br />on the Property and the construction and/or operation of the Project, Business may have sustained
<br />damages, losses, costs and/or expenses which are presently unknown and unsuspected, and such
<br />damages, losses, costs and/or expenses which may have been sustained may give rise to additional
<br />damages, losses, costs and/or expenses in the future. Nevertheless, Business hereby represents,
<br />warrants, acknowledges and agrees that this Agreement has been negotiated and agreed upon in
<br />light of that situation, and hereby waives, to the maximum legal extent, any rights accruing to it
<br />under said Section 1542 or any other statute or judicial decision of similar effect with respect to
<br />the releases set forth in Section 7.
<br />Initials of Business Owner: _ y2t.
<br />Initials of Business:
<br />8. WARRANTIES, REPRESENTATIONS, AND COVENANTS OF
<br />BUSINESS. Business hereby warrants, represents, and/or covenants to the City that Business is
<br />not aware of any other party that claims any interest in Business, its leasehold interest in connection
<br />with the Property, or the business goodwill of Business.
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