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<br />Acquisition Settlement Agreement <br />Page 2 of 9 <br /> <br />Abandomnent, with interest accrumg at 10% per annum for each day <br />thereafter. <br /> <br />( e) Parties agree that receipt of full payment of the consideration noted in <br />section I (a) and I (b) above, will constitute full satisfaction of any and all <br />of City's obligations to Tenant and Owner, including, without limitation, <br />any obligations for loss of business goodwill, leasehold interest, <br />compensation for personal property, and/or damages of any nature. <br /> <br />2. Vacation Date <br /> <br />Tenant shall vacate the Property on or before December 31, 2005. <br /> <br />3. Vacation of the Propertv <br /> <br />(a) As of the Vacation Date, Tenant shall have removed all its removable <br />personal property, trade fixtures, furniture and equipment from the Property <br />except for those items described in Exhibit "B", attached hereto and made a <br />part hereof. <br /> <br />(b) Upon the Vacation Date, Tenant and Owner hereby transfers any right, title <br />and interest in the Property and the fixtures and equipment described in <br />Exhibit "B" to City, and warrants all to be free and clear from any liens or <br />encumbrances, including any refrigerants or any other toxic or hazardous <br />materials, which shall have been removed and disposed of in accordance <br />with applicable regulations. <br /> <br />4. Convevance ofInterest in Real Propertv and Improvements Pertaining to Realtv <br /> <br />a) Tenant and Owner hereby warrants and certifies that P & P Land Management, <br />LLC is the owner of the real property described in Exhibit "A" and certain <br />Improvements Pertaining to Realty, attached to this agreement as Exhibit "B", <br />and made a part hereof. <br /> <br />b) Tenant and Owner hereby warrants and certifies that no document has been <br />signed by or on behalf of the Tenant and/or Owner for the purpose of creating <br />any lien, encumbrance or security interest in any of the items of <br />Improvements Pertaining to Realty included in this Agreement, and do not <br />know of any claim of lien or encumbrance therein, EXCEPT: for instance, a) <br />trust deeds secured by said items, duly recorded; b) personal property taxes. <br />