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furniture, fixtures and equipment, interest, attorney's fees, appraisal fees, or
<br />damages of any nature.
<br />(c) Tenant agrees to vacate the premises by no later than May 31, 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
<br />a written request for an extension has been submitted and consequently
<br />approved by the Agency or its Agents.
<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
<br />Tenants' personal property, or clean up fees paid by the Agency, will be
<br />deducted from the Tenant Settlement Payment.
<br />(e) Commencing January 1, 2011 and ending May 31, 2011, rent will be $1,000 per
<br />month. Tenant is obligated, however, to adhere to all other terms of their existing
<br />Lease.
<br />2. Release
<br />(a) Nothing contained herein shall constitute a release or discharge by either party
<br />for 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"),
<br />from all rights, claims or cross-claims, demands, actions, or causes of action,
<br />including those for damages, compensation, relocation assistance, relocation
<br />benefits, loss of goodwill, property interest, compensation for personal property
<br />(loss of inventory), furniture, fixtures and equipment, punitive damages, interest,
<br />costs, attorney's and appraisal fees, injunctive or declaratory relief, or for relief by
<br />way 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
<br />or 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
<br />acquisition of the Property by the Agency, (2) Tenant's leasehold interest, if any,
<br />in the Property (or any portion thereof) or (3) any other right or interest Tenant
<br />may have, assert, or claim by reason of Agency's actions or failure to act,
<br />including, but not limited to, any claim to relocation assistance, relocation
<br />benefits or compensation for property or loss of goodwill from the Agency.
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