Laserfiche WebLink
<br />declaratory or injunctive relief of any kind, whether the claim, or any facts on <br />which such claim might be based, is known or unknown to the real party in <br />interest of said claim(s). Clinic and Owner expressly waive all rights under <br />Section 1542 of the Civil Code of the State of California, which Clinic and Owner <br />understand 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 />(B) Clinic and Owner acknowledge that they may hereafter discover facts or law <br />different from or in additional to those facts and laws which it now believes <br />to be true with respect to their release of claims. Clinic and Owner agree <br />that the foregoing release shall be and remain effective in all respects <br />notwithstanding such different or additional facts or law or any Party's <br />discovery thereof. Clinic and Owner shall not be entitled to any relief or <br />remedies in law or equity in connection herewith, including, but not limited <br />to, any damages or any right or claim to set aside or rescind this Agreement. <br /> <br />(C) No Party nor any Agents nor any related entities to this Agreement have <br />made any statement or representation to any other Party regarding any fact <br />relied upon in entering into this Agreement, and each party expressly states <br />it does not rely upon any statement, representation or promise of any other <br />Party or any Party's Agent or related entities in executing this Agreement, <br />except as is expressly stated in this Agreement. Each Party to this <br />Agreement has made such investigation of the facts and law pertaining to <br />this Agreement, and of all other matters pertaining hereto, as it deems <br />reasonable, necessary and/or appropriate, and has consulted with legal <br />counsel concerning the matters contained herein. <br /> <br />6. Attornev's Fees <br /> <br />In the event of litigation relating to this Agreement, the prevailing party shall be <br />entitled to reasonable attorneys' fees and costs. <br /> <br />7. Indemnitv Bv Clinic and Owner <br /> <br />Clinic and Owner shall individually and collectively indemnify, defend and hold <br />harmless City from and against any and all claims, demands, liabilities, losses, <br />judgments, expenses and attorney's fees resulting from the breach by Clinic <br />and/or Owner of any provision of this Agreement or the falsity of any <br />representation or warranty made by Clinic or Owner contained in this Agreement. <br /> <br />Acquisition Settlement Agreement <br />Page 3 of7 <br />