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<br />(b) Tenant agrees, that the consideration received pursuant to paragraph 1 (a) above
<br />constitutes full satisfaction of any and all obligations of the Agency to Tenant,
<br />including, without limitation, any obligations for relocation assistance, relocation
<br />benefits, moving expenses, interest of any kind in the real estate and leasehold,
<br />loss of business goodwill, compensation for personal property (loss of inventory),
<br />furniture, fixtures and equipment, interest, attorney's fees, appraisal fees, or
<br />damages of any nature.
<br />
<br />(c) Tenant agrees to vacate the premises by no later than June 30, 2010 (Vacate
<br />Date). Should Tenant remain in occupancy beyond the Vacate Date, a Two
<br />Hundred Fifty Dollars ($250) per day penalty will be deducted from Tenant's
<br />Settlement Payment, for each day of occupancy beyond the Vacate Date unless a
<br />written request for an extension has been submitted and consequently approved
<br />by the Agency or its Agents.
<br />
<br />(d) Tenant hereby agrees that Agency may remove and dispose of any personal
<br />property or trash that has not been moved upon the Vacate Date, as it elects and
<br />desires, without any notice to Tenant. Any disposal costs associated with Tenants'
<br />personal property, or clean up fees paid by the Agency, will be deducted from the
<br />Tenant Settlement Payment.
<br />
<br />(e) Commencing January 1, 2010 and ending June 30, 2010, rent will be $1,000 per
<br />month. Tenant is obligated, however, to adhere to all other terms of their existing
<br />Lease.
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<br />2. Release
<br />
<br />(a) Nothing contained herein shall constitute a release or discharge by either party for
<br />any of the undertakings of the other party to this Settlement Agreement. This
<br />Agreement shall serve as a full release and discharge by the Parties, on behalf of
<br />themselves, their agents, representatives, assigns, trustees, administrators,
<br />attorneys, heirs, relatives, spouses, ex-spouses, beneficiaries, and successors in
<br />interest, in consideration of the mutual covenants and promises contained herein,
<br />of the Tenant, the City of Santa Ana, the City of Santa Ana Public Works Agency,
<br />and those parties' accountants, other professionals, agents, representatives,
<br />assigns, employees, administrators, trustees, insurers, attorneys, heirs,
<br />beneficiaries, and successors in interest (collectively the "Released Parties"), from
<br />all rights, claims or cross-claims, demands, actions, or causes of action, including
<br />those for damages, compensation, relocation assistance, relocation benefits, loss
<br />of goodwill, property interest, compensation for personal property (loss of
<br />inventory), furniture, fixtures and equipment, punitive damages, interest, costs,
<br />attorney's and appraisal fees, injunctive or declaratory relief, or for relief by way
<br />of writ of mandate, or for demands, damages, refunds, debts, liabilities,
<br />reckonings, accounts, obligations, costs, expenses, liens, actions, causes, and
<br />causes of action of whatever kind, at law or in equity, that the Parties have now or
<br />may have against any of the Released Parties arising from the facts and
<br />circumstances described in this Agreement including but not limited to (1) the
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