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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 known by <br />him/her must have materially affected his/her settlement with the debtor. <br />Each party acknowledges the foregoing waiver of the provisions of California Civil <br />Code Section 1542 was separately bargained for and expressly consents that this <br />Agreement shall be given full force and effect in accordance with each and all of its <br />express terms and provisions, including those terms and provisions relating to <br />unknown or unsuspected claims, demands and causes of action, if any, to the same <br />effect as those terms and provisions relating to any other claims, demands and causes <br />of action herein above specified. <br />(c) Each party acknowledges that it may hereafter discover facts or law different from or in <br />addition to those which it now believes to be true with respect to the release of claims. <br />Each party agrees that the foregoing release shall be and remain effective in all <br />respects notwithstanding such different or additional facts or law or any party's <br />discovery thereof. The Parties shall not be entitled to any relief in connection <br />therewith, including, but not limited to, any damages or any right or claim to set aside <br />or rescind this Agreement. <br />(d) None of the Parties or their respective agents nor any related entities have made any <br />statement or presentation to the other regarding any fact relied upon in entering into <br />this Agreement and the Parties, and each of them, expressly do not rely upon any <br />statement, representation or promise of any other party or any party's agent or related <br />entities in executing this Agreement, except as is expressly set forth herein. Each of <br />the Parties has made such investigation of the facts and law pertaining to the subject <br />matter of this Agreement as it deems necessary, and has consulted with legal counsel <br />of its own choosing concerning these matters. <br />(e) Tenant hereby represents and warrants as of the Effective Date of this Agreement that <br />(1) to its actual knowledge, no other entity or person has any right, title, or interest <br />whatsoever in the released claims, and (2) that there has been no assignment, <br />transfer, conveyance or other disposition by Tenant of any of the released claims, and <br />that Tenant will not make any such assignment, transfer, conveyance or other <br />disposition subsequent to the Effective Date of this Agreement. Tenant acknowledges <br />that the Authority has relied and is relying upon such representations and warranties in <br />entering into this Agreement. <br />(f) This Agreement represents a settlement of doubtful and disputed claims between the <br />Parties and does not constitute any admission of liability by either party to the other <br />party to this Agreement. City has delivered to Owner an offer to purchase the <br />Properties under threat of eminent domain pursuant to Government Code Section <br />7267.2. Tenant and City now wish to enter into this Agreement in lieu of eminent <br />domain proceedings. <br />3. Third Party Beneficiaries <br />Except as explicitly set forth herein, nothing in this Agreement is intended to create any third <br />party beneficiaries under this Agreement, and no person or entity other than Authority and <br />Tenant shall be authorized to enforce the provisions of this Agreement. <br />3of6 <br />