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2. Release
<br />(a) Nothing contained herein shall constitute a release or discharge by either parry 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:
<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.
<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
<br />same effect as those terms and provisions relating to any other claims, demands
<br />and causes of action herein above specified.
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