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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 June 30, 2011 (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 the Tenant
<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 City or its Agents.
<br />(d) Tenant hereby agrees that City may remove and dispose of any personal property
<br />or trash that has not been moved upon the Vacate Date, as it elects and desires,
<br />without any notice to Tenant. Any disposal costs associated with Tenants'
<br />personal property, or clean up fees paid by the City, will be deducted from the
<br />Tenant Settlement Payment.
<br />2. Release
<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
<br />acquisition of the Property by the City, (2) Tenant's leasehold interest, if any, in
<br />the Property (or any portion thereof) or (3) any other right or interest Tenant may
<br />have, assert, or claim by reason of City's actions or failure to act, including, but
<br />not limited to, any claim to relocation assistance, relocation benefits or
<br />compensation for property or loss of goodwill from the City.
<br />(b) In making this release, the Parties intend to and do release, acquit and discharge
<br />the Released Parties, and each of them, from any liability of any nature
<br />whatsoever for any claim, injury, damages, or equitable or declaratory relief of
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