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<br />Choumas <br />Settlement Agreement <br />Page 3 of9 <br /> <br />real property described in Exhibit "A", attached hereto and made a part <br />hereof, as well as quitclaiming all interest in any Improvements Pertaining <br />to said Realty in and on the property commonly referred to as 1249 W. <br />First Street, Santa Ana, CA 92701. Recordation of any documents <br />through this transaction is authorized by Tenant, if necessary and proper. <br /> <br />5. Release <br /> <br />(a) Tenant for itself, its agents, assigns and related entities, fully releases, <br />acquits and discharges City, and the officers, directors, employees, <br />attorneys, accountants, other professionals, insurers and agents of City <br />(collectively "Agents") and all entities related to City, from all rights, <br />claims, demands, actions or causes of action which Tenant now has or <br />may have against City arising from the acquisition of the Property, the <br />Lease, or otherwise, including, but not limited to business goodwill from <br />the City. <br /> <br />(b) This release is intended as a full and complete release and discharge <br />of any and all such claims that Tenant mayor might have against City and <br />its agents or related entities arising from the facts and circumstances <br />described above in this Agreement. In making this release, Tenant intends <br />to release City, its related entities and Agents from any liability of any <br />nature whatsoever for any claim or injury or for damages or equitable or <br />declaratory relief of any kind, whether the claim, or any facts on which <br />such claim might be based, is known or unknown to the party possessing <br />the claim. Tenant expressly waives all rights under Section 1542 of the <br />Civil Code of the State of California, which Tenant understands provides <br />as follows: <br /> <br />A general release does not extend to claims which the creditor <br />does not know or suspect to exist in his favor at the time of <br />executing the release, which if known by him must have materially <br />affected his settlement with the debtor. <br /> <br />(c) Tenant acknowledges that it may hereafter discover facts or law <br />different from or in additional to those which it now believes to be <br />true with respect to the release of claims. Tenant agrees that the <br />foregoing release shall be and remain effective in all respects <br />notwithstanding such different or additional facts or law or any <br />party's discovery thereof. Tenant shall not be entitled to any relief <br />in connection herewith, including, but not limited to any damages <br />or any right or claim to set aside or rescind this Agreement <br />