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property from the existing building(s) and other improvements on the Property, Tenant authorizes City to remove said items at Tenant's sole cost and expense, which cost and expense shall be deducted as an offset from the final payment due Tenant as described in Section 1(C), above. C. Tenant shall pay monthly rent ("Monthly Rental") to City in the amount of ONE THOUSAND TWO HUNDRED AND NO/100 DOLLARS ($1,200.00) beginning August 1, 2007 through the Vacate Date. Any unpaid Monthly Rental owed by Tenant to City shall be deducted from the final payment described in Section 1(C) above. Notwithstanding the foregoing, upon execution by Tenant of this ASA and the Non-Exclusive License Agreement attached hereto as Exhibit B, City agrees to abate Tenant's Monthly Rental through the Vacate Date. 3. Release Tenant agrees to release, indemnify, defend and hold harmless City, its officers, directors, Agencies, employees, and authorized agents (collectively "Agents"), from any and all claims, liabilities, costs, damages or causes of action which Tenant now or in the future may have against City arising from the acquisition of the Property for the Project, including, but not limited to, any and all relocation assistance and other relocation and/or displacement benefits to which Tenant is now or may in the future be entitled to, including compensation for any and all past, present or future costs, expenses, payments, claims or benefits and any and all loss of business goodwill, leasehold interests, security deposit(s), personal property, improvements pertaining to realty, bonus value, and/or severance damages, and any and all other damages to which Tenant is or may be entitled to as a result of City's acquisition of the Property for the Project. Tenant agrees to indemnify, defend and hold harmless City from and against any and all claims, demands, liabilities, losses, judgments, expenses and attorney's fees resulting from the breach by Tenant of any provision contained in this ASA. 4. Attorney's Fees In the event of litigation relating to this ASA, the prevailing party shall be entitled to reasonable attorneys' fees and costs. 5. Entire Agreement This ASA contains the entire Agreement of the Parties hereto pertaining to the subject matter discussed herein, and supersedes any prior written or oral agreements between them concerning the subject matter contained herein. This ASA may be modified only by a writing executed by the Parties hereto. 6. Partiallnvalidity In the event that any term, covenant, condition or provision of this ASA shall be held by a court of competent jurisdiction to be invalid or against public policy, the remaining provisions shall continue in full force and effect. Acquisition Settlement Agreement 3of13 Tenant's Initials