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the expiration of all applicable notice and cure periods)shall be an action for specific performance or a termination of this Agreement by such non-defaulting parry's obligations under this Agreement(subject to the terms and provisions of Section 6.3.3),and each party hereto expressly waives anyother remedytheymight otherwise be entitled p y gh to pursue,at law or in equity, q ty, against the other,and each party hereto expressly waives any right to sue the other for damages or claim any damages. 7.2. Release. 7.2.1. Except for specific performance,Owner, for itself,its successors and assignees, hereby releases City,its officers,agents and employees, from any and all claims,demands, actions,or suits of any kind or nature arising out of any liability,known or unknown,present or future,because it entered into this Agreement or because of the terms of this Agreement. Owner hereby acknowledges that it has read and is familiar with the provisions of California Civil Code Section 1542,which is set forth below: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT,IF KNOWN BY HIM OR HER,WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.." By initialing below,Owner hereby waives the provisions of Section 1542 in connection with the matters that are the subject of the fore oing waivers and releases. Owner's Initials 7.2.2. Except for specific performance, City,for itself,its successors and assignees, hereby releases Owner,its officers,agents and employees,from any and all claims, demands, actions,or suits of any kind or nature arising out of any liability,known or unknown,present or future, because it entered into this Agreement or because of the terms of this Agreement.City hereby acknowledges that it has read and is familiar with the provisions of California Civil Code Section 1542,which is set forth below: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT,IF KNOWN BY HIM OR HER,WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.." By initialing below, City hereby waives the provisions of Section 1542 in connection with the matters that are the subject of the foregoing waivers and releases. City's Initials 7.3. Termination or Modification of Agreement for Default of an Owner.City may terminate or modify this Agreement for any failure of Owner to perform any material duty or obligation of -23- Exhibit 4