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P & P LAND MANAGEMENT 1
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P & P LAND MANAGEMENT 1
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Last modified
1/3/2012 2:17:42 PM
Creation date
1/4/2006 3:53:49 PM
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Contracts
Company Name
P & P Land Management & Santa Ana Family Medical Group, Inc. dba North Bristol Medical Group
Contract #
A-2005-231A
Agency
Public Works
Council Approval Date
9/19/2005
Expiration Date
12/31/2005
Destruction Year
P
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<br />. <br /> <br />Acquisition Settlement Agreement <br />Page 3 of9 <br /> <br />c) Tenant and Owner shall execute and hand City a Bill of Sale, conveying all of <br />Tenant's interest in and to those certain items of Improvements Pertaining to <br />Realty shown in Exhibit "B", free and clear of all recorded and unrecorded <br />encumbrances, liens, assessments, leases and taxes, on or before the Vacation <br />Date. <br /> <br />5. Release <br /> <br />(a) Tenant and Owner, for itself, its agents, assigns and related entities, fully <br />releases, 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 and/or Owner <br />now has or may have against City arising from the acquisition of the <br />Property, the Lease, or otherwise, including, but not limited to business <br />goodwill from the City. <br /> <br />(b) This release is intended as a full and complete release and discharge of any <br />and all such claims that Tenant and/or Owner mayor might have against <br />City and its agents or related entities arising from the facts and <br />circumstances described above in this Agreement. In making this release, <br />Tenant and Owner intend to release City, its related entities and Agents from <br />any liability of any nature whatsoever for any claim or injury or for damages <br />or equitable or declaratory relief of any kind, whether the claim, or any facts <br />on which such claim might be based, is known or unknown to the party <br />possessing the claim. Tenant and Owner expressly waive all rights under <br />Section 1542 of the Civil Code of the State of California, which Tenant and <br />Owner understands provides as follows: <br /> <br />A general release does not extend to claims which the creditor does not <br />know or suspect to exist in his favor at the time of executing the release, <br />which if known by him must have materially affected his settlement with the <br />debtor. <br /> <br />(c) Tenant and Owner acknowledge that it may hereafter discover facts or law <br />different from or in additional to those which it now believes to be true with <br />respect to the release of claims. Tenant and Owner agree that the foregoing <br />release shall be and remain effective in all respects notwithstanding such <br />different or additional facts or law or any party's discovery thereof. Tenant <br />and Owner shall not be entitled to any relief in connection herewith, <br />including, but not limited to any damages or any right or claim to set aside <br />or rescind this Agreement <br />
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