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(c) Tenant agrees to vacate the Property on or before August 15, 2011 ( "Vacate
<br />Date ").
<br />(d) Tenant hereby agrees that City 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.
<br />(e) Payment will be made for Relocation Expenses in the amount of $37,905.00.
<br />(f) Payment will be made for leasehold, loss of business goodwill and immovable
<br />furniture, fixtures and equipment in the amount of $1,845.00.
<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 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
<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 claims which the creditor does not know or
<br />suspect to exist in his/her favor at the time of executing the release, which if
<br />known by him /her must have materially affected his/her settlement with the
<br />debtor.
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