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(d) Tenant hereby agrees that City may remove and dispose of any personal property or
<br />trash that has not been moved upon the Vacate Date, as it elects and desires, without
<br />any notice to Tenant.
<br />2. Release
<br />(a) Nothing contained herein shall constitute a release or discharge by either party for any
<br />of the undertakings of the other party to this Settlement Agreement. This Agreement
<br />shall serve as a full release and discharge by the Parties, on behalf of themselves,
<br />their agents, representatives, assigns, trustees, administrators, attorneys, heirs,
<br />relatives, spouses, ex- spouses, beneficiaries, and successors in interest, in
<br />consideration of the mutual covenants and promises contained herein, of the Tenant,
<br />the City of Santa Ana, the City of Santa Ana Public Works Agency, and those parties'
<br />accountants, other professionals, agents, representatives, assigns, employees,
<br />administrators, trustees, insurers, attorneys, heirs, beneficiaries, and successors in
<br />interest (collectively the "Released Parties "), from all rights, claims or cross - claims,
<br />demands, actions, or causes of action, including those for damages, compensation,
<br />relocation assistance, relocation benefits, loss of goodwill, property interest,
<br />compensation for personal property (loss of inventory), furniture, fixtures and
<br />equipment, punitive damages, interest, costs, attorney's and appraisal fees, injunctive
<br />or declaratory relief, or for relief by way of writ of mandate, or for demands, damages,
<br />refunds, debts, liabilities, reckonings, accounts, obligations, costs, expenses, liens,
<br />actions, causes, and causes of action of whatever kind, at law or in equity, that the
<br />Parties have now or may have against any of the Released Parties arising from the
<br />facts and 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 the
<br />Property (or any portion thereof) or (3) any other right or interest Tenant may have,
<br />assert, or claim by reason of City's actions or failure to act, including, but not limited to,
<br />any claim to relocation assistance, relocation benefits or compensation for property or
<br />loss of goodwill from the City.
<br />(b) In making this release, the Parties intend to and do release, acquit and discharge the
<br />Released Parties, and each of them, from any liability of any nature whatsoever for any
<br />claim, injury, damages, or equitable or declaratory relief of any kind, whether the claim,
<br />or any facts on which such claim might be based, is known or unknown to the party
<br />possessing the claim. Each party expressly acknowledges and waives any and all
<br />rights under Section 1542 of the California Civil Code, which the Parties understand
<br />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 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.
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