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<br />31. Release. The parties hereto hereby agree that all rights under Section 1542 of the Civil Code of the State <br />of California are hereby waived. Civil Code section 1542 provides as follows: <br /> <br />"A general release does not extend to claims which the creditor does not know or suspect to <br />exist in his favor at the time of executing the release, which if known by him must have <br />materially affected his settlement with the debtor." <br /> <br />Notwithstanding the provisions of Civil Code section 1542, Seller hereby irrevocably and <br />unconditionally releases and forever discharges the City and each and all of its officers, agents, directors, <br />supervisors, employees, representatives, and its successors and assigns and all persons acting by, through, under, <br />or in concert with the City trorn any and all charges, complaints, claims, and liabilities of any kind or nature <br />whatsoever, known or unknown, suspected or unsuspected (hereinafter referred to as "claim" or "claims") which <br />Seller at any time heretofore had or claimed to have or which Seller at any time hereafter may have or claim to <br />have, including, without limitation, any and all claims related or in any manner incidental to this transaction. <br /> <br />The parties have executed this Agreement as of the date first written above. <br /> <br />SELLER: Robert R. Foster and Olga Z. Foster <br /> <br />~ ~. ~^J <br /> <br />By: Robert R. Foster <br /> <br />(~ ,~!W <br />B I ::-Þðtter <br /> <br />ATTEST: <br /> <br />CITY OF SANTA ANA <br />// /'1 <br /> <br />BY: , :~< ~¿¡;¿Z <br /> <br />David N, Ream <br />City Manager <br /> <br />~ð~~j~ø <br /> <br />j (f-. Patricia E. Healy <br />1) Clerk of the Council <br /> <br />APPROVED AS TO FORM: <br />Joseph W. Fletcher <br />City Attorney <br /> <br />BY:~'<..-~ <br />Lisa Storck <br />Assistant City Attorney <br /> <br />6 <br />