GILBERTO'S RESTAURANT 1-2008 - Laserfiche WebLink

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later than December 31, 2008. Landlord and Tenant agree that any disputes relating to payments made hereunder shall be controlled and resolved pursuant to the terms of a separate agreement between the Tenant and Landlord. 2. Owner's Duties Owner agrees to develop a replacement structure ("Replacement Structure") on the lot immediately east and adjacent to the Property. This lot is identified as APN 101-272-04. Construction of the Replacement Structure is expected to be completed on or about, December 31, 2008. 3. Failure to Vacate the Acquired Property Tenant, and each of them, agrees to vacate the Acquired Property not later than December 31, 2008 ("Vacate Date"). Tenant, and each of them, shall be jointly and severally liable to City for a rental fee ("Rental") of TWO HUNDRED AND NO/100 DOLLARS per day for each and every day Tenant remains in possession of the Acquired Property after the Vacate Date. Tenant agrees that after the Vacate Date, City is hereby authorized to deduct from the payment referenced in 1(f), above, any Rental that becomes due after the Vacate Date but remains unpaid. 4. Release and Indemnity Tenant and Landlord unconditionally agree 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 and/or Landlord now have 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, and including compensation for any and all loss of business goodwill (if any), leasehold interests, personal property, improvements pertaining to realty, bonus value (if any), severance damages (if any), and any and all other damages to which Tenant and/or Landlord may be entitled to as a result of City's acquisition of the Acquired Property for the Project. 5. Attorney's Fees In the event of litigation relating to this ASA, the prevailing party shall be entitled to reasonable attorneys' fees and costs. 6. 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 the Parties concerning the subject matter contained herein. This ASA may be modified only by a writing executed by the Parties hereto. Acquisition Settlement Agreement Page 4 of 8 ~ Tenant's Initials Landlord's Initials