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Donusign Envelope ID:OF42FBD7-AC52-4266-A257-BBEi4D182B71
<br /> foregoing matters shall collectively be referred to as"SOS Claims"),which SOS has,had,or
<br /> hereafter may have,of any nature or kind,based on any acts or omissions on the part of the City,
<br /> or on the part of the any of the City's Related Persons, occurring prior to the Effective Date of
<br /> this Agreement, which SOS Claims directly or indirectly arise out of,are connected with,relate
<br /> to, or concern in any way, the Action, any of the Complaints,the Medical Office CUP
<br /> Requirement, the Urgency Ordinance,ZOA 2022-07,the Permanent Ordinance,ZOA 2022-03,
<br /> the Main Street Property or the Property, the Project,the new clinic that SOS had proposed to
<br /> operate at the Property as alleged in the Complaints(the"New Clinic"),the Major Remodel
<br /> Application,the minor exception application referenced in paragraph 134 of SOS's Second
<br /> Amended Complaint in the Action(the"Minor Exception Application"),the Term Sheet, the
<br /> Lease,the PSA,the Seller,the Inspection Period,the Escrow,the Deposit, the Independent
<br /> Consideration,the Amendments,the Extensions,the Extension Fees,the Released Funds,the
<br /> Project-Related Costs,the Assignment of Claims Agreement, or any of the Assigned Claims,as
<br /> those terms are defined in the pleadings,this Agreement and/or the attached Assignment of
<br /> Claims Agreement. Hereinafter, all such Claims released in this Section by SOS shall
<br /> collectively be referred to as"SOS's Released Claims."
<br /> 4.2 City's Limited Release of SOS,Turner, and their respective Related Persons. By
<br /> this Agreement,the City, on behalf of itself, and its officials,officers,partners,agents,
<br /> employees, insurers,attorneys,representatives, administrators,trustees,and assigns,hereby
<br /> releases and discharges SOS,each of SOS's Related Persons,`Darner, and each of Turner's
<br /> Related Persons, from any and all claims,actions, causes of action, suits,debts,liens,rights,
<br /> agreements, demands,contracts, covenants, obligations,duties,damages,losses, liabilities,costs,
<br /> and expenses of whatever kind or nature,in law,equity or otherwise,whether known or
<br /> unknown,suspected or unsuspected,contingent, anticipated or unanticipated(hereinafter, all of
<br /> the foregoing matters shall collectively be referred to as"City Claims'),which City has,had,or
<br /> hereafter may have,of any nature or kind,based on any acts or omissions on the part of SOS,
<br /> any of SOS's Related Persons,and/or Turner, or any of Turner's Related Persons,occurring prior
<br /> to the Effective Date of this Agreement,which City Claims directly or indirectly arise out of,are
<br /> connected with,relate to,or concern in any way,the Action, any of the Complaints,the Medical
<br /> Office CUP Requirement,the Urgency Ordinance,ZOA 2022-07,the Permanent Ordinance,
<br /> ZOA 2022-03,the Main Street Property or the Property,the Project,the New Clinic,the Major
<br /> Remodel Application,the Minor Exception Application,the Term Sheet,the Lease,the PSA,the
<br /> Seller,the Inspection Period,the Escrow,the Deposit,the Independent Consideration,the
<br /> Amendments,the Extensions,the Extension Fees,the Released Funds,the Project-Related Costs,
<br /> the Assignment of Claims Agreement, or any of the Assigned Claims, as those terms are defined
<br /> in the pleadings,this Agreement and/or the attached Assignment of Claims Agreement.
<br /> Hereinafter,all such Claims released in this Section by SOS shall collectively be referred to as
<br /> "City°s Released Claims."
<br /> 4.3 No Release ofAnights or Obligations Created By This Agreement. The
<br /> releases set forth in Sections 4.1 and 4.2,above, are not intended to,and shall not,extend to or
<br /> otherwise release or discharge any of the respective rights,duties, obligations, interests,
<br /> privileges, defenses,or benefits of any of the Parties that are acknowledged in,provided for,or
<br /> otherwise arise under this Agreement.
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