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7966 56 <br />claims of whatever nature resulting from damages to the sub- <br />ject property or to the occupants thereof or arising out of <br />the occupation thereof, which may arise at any time and from <br />time to time due to the unusual soils conditions which exist <br />because of the subject property's use as a city dump and trash <br />depository, and applicants agree that they will not at any time <br />hereafter commence, maintain or prosecute any action at law or <br />in equity or otherwise, or assert any claim against said City, <br />or their successors in interest, for any such damage or loss <br />or any kind or amount arising out of or having relation to such <br />soils condition or any subsidence or shifting of soils arising <br />therefrom, and applicants agree that these covenants and re- <br />leases shall be binding upon applicants, their heirs, successors <br />and assigns, and shall be a covenant running with the land <br />and binding upon applicants and all future owners or occupants <br />thereof. <br />2, Section 1542 Release. With regard to the above soils <br />conditions and site history, and any problems, claims or defenses <br />arising therefrom, applicants do hereby expressly waive any <br />rights which they may have under Section 1542 of the Civil Code <br />of California, which provides as follows: <br />"§1542. [Certain claims not affected by general <br />release.] A general release does not extend to <br />claims which the creditor does not know or sus- <br />pect to exist in his favor at the time of execut- <br />ing the release, which if known by him must have <br />materially affected his settlement with the debtor," <br />Executed this day of June, 1966, at <br />California. <br />Bei-n—a-r7-U." Haupert _Xn_g8a_ au �e r <br />