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or among the Releasing Parties and the Released Parties. The Releasing Parties <br />hereby acknowledge and represent that (a) they understand the significance and <br />the consequences of such specific waiver of unknown claims and hereby assume <br />full responsibility for any injuries, damages, lawsuits or liabilities that they may <br />incur, both now and hereafter, from the waiver of said unknown claims, (b) they <br />may discover facts different from, or in addition to, those facts that they now <br />know or believe to be true, and agree that this Agreement and the releases <br />contained herein shall be and remain effective in all respects notwithstanding any <br />such subsequent discovery of different or additional facts, (c) they have <br />undertaken their own independent investigation of all of the facts relating to the <br />matters being released herein and this Agreement, and in entering into this <br />Agreement and granting the releases contained herein, is not relying on any <br />representation, warranty, or statement of any other Party except as expressly set <br />forth herein, and (d) this waiver is an essential and material term of this <br />Agreement. <br />9.3. Notwithstanding the Released Claims. If the Developer or its successors and <br />assigns do not proceed with Phase R-2 of the Revised Station District Project <br />because Tax Credit allocations are not approved, Petitioner FOL and its members <br />reserve the right to challenge in administrative and judicial forums the approval of <br />any discretionary development permit by City or Agency on the parcels identified <br />on the Site Map (Exhibit "A") as Phase R-2 that would not effectuate <br />rehabilitation of Properties Nos. IA, 113, 2, 313, 3C, 4, 5, 6A, 8, and 13 as shown <br />on the FOL Settlement Property Plan (Exhibit "D") and as more specifically <br />described in the FOL Settlement Property Description (Exhibit "E"). <br />9.4. The terms and existence of this Agreement and any other documents, negotiations <br />or statements by the Parties in connection therewith, to the extent these items are <br />not matters of public record, shall not be admissible as evidence in any future <br />litigation or any other action or proceeding involving the Parties, the DDA, the <br />Revised DDA, the Station District Project, the Revised Station District Project, <br />other projects that may be proposed in the TZC, or the EIR prepared for the TZC <br />and Station District Project. <br />10. Default and Remedies. <br />10.1. Opportunity to Cure Alleged Default. Failure by any Party to perform any <br />obligation hereunder within the time periods provided herein following notice and <br />failure to cure as described hereafter, constitutes a "Default" under this <br />Agreement. A Party alleging a Default shall give written notice of Default to the <br />other Party specifying in reasonable detail the nature of the alleged Default and, <br />where appropriate, the manner in which the alleged default satisfactorily may be <br />cured; offer to meet and confer in a good faith effort to resolve the issue; and <br />provide the other Party sixty (60) days to cure the alleged Default commencing at <br />the time of receipt of the notice of a properly detailed written Default notice <br />provided, however, that notwithstanding the foregoing, the Parties acknowledge <br />and agree that any failure by FOL to deliver in a timely manner the dismissal of <br />13