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<br /> 2. Release
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<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 Tenants, the City of Santa Ana, the City of Santa Ana Public Works
<br /> Agency, and those parties' accountants, other professionals, agents,
<br /> representatives, assigns, employees, administrators, trustees, insurers, attorneys,
<br /> heirs, beneficiaries, and successors in interest (collectively the "Released
<br /> Parties"), from all rights, claims or cross-claims, demands, actions, or causes of
<br /> action, including those for damages, compensation, loss of goodwill, property
<br /> interest, punitive damages, interest, costs, and attorney's , injunctive or
<br /> declaratory relief, or for relief by way of writ of mandate, or for demands,
<br /> damages, refunds, debts, liabilities, reckonings, accounts, obligations, costs,
<br /> expenses, liens, actions, causes, and causes of action of whatever kind, at law or
<br /> in equity, that the Parties have now or may have against any of the Released
<br /> Parties arising from the facts and circumstances described in this Agreement
<br /> including but not limited to (1) the acquisition of the Property by the Agency, (2)
<br /> Tenants' leasehold interest, if any, in the Property (or any portion thereof) or (3)
<br /> any other right or interest Tenants may have, assert, or claim by reason of
<br /> Agency's actions or failure to act, including, but not limited to, any claim to loss
<br /> of goodwill from the Agency.
<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:
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<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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<br /> Each party acknowledges the foregoing waiver of the provisions of California
<br /> Civil Code Section 1542 was separately bargained for and expressly consents that
<br /> this Agreement shall be given full force and effect in accordance with each and all
<br /> of its express terms and provisions, including those terms and provisions relating
<br /> to unknown or unsuspected claims, demands and causes of action, if any, to the
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