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<br /> 3 <br /> <br /> 2 <br /> <br /> { <br /> whatsoever for any claim, injury, damages, or equitable or declaratory relief of <br /> any kind, whether the claim, or any facts on which such claim might be based, is <br /> known or unknown to the party possessing the claim. Each party expressly <br /> acknowledges and waives any and all rights under Section 1542 of the California <br /> Civil Code, which the Parties understand provides as follows: <br /> A general release does not extend to chinas which the creditor does not know or <br /> suspect to exist in his/her favor- at the lithe of executing the release, wlaiclt if <br /> j Itttotia~tt by Itim/Iter must have ttaaterially affected his/her settlement with the <br /> debtor. <br /> Each party acknowledges the foregoing waiver of the provisions of California <br /> Civil Code Section 1542 was separately bargained for and expressly consents that <br /> this Agreement shall be given full force and effect in accordance with each and ail <br /> of its express terns and provisions, including those terms and provisions relating <br /> - to unknown or unsuspected claims, demands and causes of action, if any, to the <br /> same effect as those terms and provisions relating to any other claims, demands <br /> j and causes of action herein above specified. <br /> E <br /> (c) Each party acknowledges that it may hereafter discover facts or law different from <br /> or in addition to those which it now believes to be true with respect to the release <br /> of claims. Each party agrees that the foregoing release shall be and remain <br /> effective in all respects notwithstanding such different or additional facts or law <br /> ~ or any party's discovery thereof The Parties shall not be entitled to any relief in <br /> ' connection therewith, including, but not limited to, any damages or any right or <br /> claim to set aside or rescind this Agreement. <br /> r <br /> (d) None of the Parties or their respective agents nor any related entities have made <br /> any statement or presentation to the other regarding any fact relied upon in <br /> entering into this Agreement and the Parties, and each of them, expressly do not <br /> rely upon any statement, representation or promise of any other party or nay <br /> party's agent or related entities in executing tlus Agreement, except as is <br /> expressly set forth herein. Each of the Parties has made such investigation of the <br /> facts and law pertaining to the subject matter of this Agreement as it deems <br /> necessary, and has consulted with legal counsel of its own choosing concerning <br /> these matters. <br /> t <br /> (e) Tenant hereby represents and warrants as of the Effective Date of this Agreement <br /> that (1} to its actual knowledge, no other entity or person has any aight, title, or <br /> interest whatsoever in the released claims, and (2) that there has been no <br /> assigmnent, transfer, conveyance or other disposition by Tenant of any of the <br /> released claims, and that Tenant will not make any such assignment, transfer, <br /> conveyance or other disposition subsequent #o the Effective Date of #his <br /> Agreement. Tenant acknowledges that the Authority has relied and is a•elying <br /> upon such representations and warranties in entering into this Agreement. <br /> (f) Tenant will Hold Harmless and defend Agency, its employees, agents, contractors <br /> or representatives from any claims that may arise from Tenant's nondisclosure of <br /> 3of7 <br /> 25J-5 <br /> <br />