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80A - JOINT PH - TRANSIT ZONING CODE, FINAL EIR, SPECIFIC PLAN ETC. - ORIGINAL PACKET PROVIDED TO COUNCIL
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80A - JOINT PH - TRANSIT ZONING CODE, FINAL EIR, SPECIFIC PLAN ETC. - ORIGINAL PACKET PROVIDED TO COUNCIL
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Last modified
7/26/2016 5:25:48 PM
Creation date
6/4/2010 6:06:42 PM
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City Clerk
Doc Type
Agenda Packet
Item #
80A
Date
6/7/2010
Destruction Year
2015
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2 . No Reliance By One Pa o t cr� - � recei red i de nt legal advice from its <br />attonicys with respect to the divisibility of executing this Agreement and the meaning of the provisions hereof. <br />The provisions this Agreement ent sbail eonst led as to their fair meaning, and not for or against any party based <br />P � <br />upon air attribution to such party as the source of the language in question, <br />25. No Third P ene ciao . This Agreement is intended to benefit only the parties hereto and no other <br />person or entity has or shall acquire wi-y rights hereunder. <br />26. Duty.To Coop crate Further. Each pwly hercby agrees that it shall, upon request of the other, execute and <br />deliver sacti further documents, include a statement rents and authorization for seeking land use entitlements, i <br />foini and substance reasonably acceptable to the party to be c aged and do such other acts and thugs as are <br />reasonably eeessat and appropriate to effectuate the terms and conditions of this gre t ent, without cost. <br />27. licabilit e nxe t o ssi nees� 'ibis Agreement shall be bi dig p ands a]1 i re to the <br />benefit. t. o the smcessors a d assigns of the pal .ics to this Agree lent. <br />28. Authors to Execute A. ree me tw Each undersigned represwts and waiTants that its sigqiature h,erelnbelow <br />has the power, authofity and right to bird their respective patties to each of the terns of this Agreement, t, aid shall <br />indeimiify Agency fully, hioludhig reasonable costs and attorney's fees, for any injuries or damages to Agency in <br />the event that such authority or power is not, in Fact, bald by the, signatory or is withdrawn. <br />2. <br />In oor oxat on of � l ibits� X11 l bit referen ce lwrein and attacbcd hereto shall be incorporated as if <br />illy set forth in the body of this Agreetnent. <br />o. Release. The, parties hereto hereby agree that alt rigbts under Section 1542 of the Civil Code of the State <br />of Cali omia are hereby waived. Civil Code section 1 542 provides as follows: <br />"A general release does not extend to clainis which the creditor does not know or suspect to <br />exist in his Favor the time of e c ting the rel ase, � hl b i known � n b y him must e <br />inaterially affected his settlement with Me debtor. .-" <br />Notwithstandin g the, provisions of Civil Code section 1542, SelleSeller hereby hTe oca ly and <br />unconditionally releases and forever discharges the Agency and each and all of its officers, agents, directors, <br />supervisors, employees, representatives, and its successors and assigns s and all persons acting y, through, ce der <br />l <br />or in col cert N tf-i the Agency from any and all charges, complaints, claims, and liabilities of any kind or nature <br />oever, known r nl o n suspected or unsii pecte � (hereinafter referred to as "claim" or "claims") which <br />lit , � � <br />Salter at any thne heretofore had or claimed to havo or which Seller at any flee licreafter may have or clahn to <br />lave, including, without limitation, any and all claims related or in any canner incidental to this tra action. <br />Page 5 of ii <br />Exhibit H <br />
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