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11. ACKNOWLEDGMENT CONCERNING CIVIL CODE SECTION 1542. Tenant- <br />Seller acknowledges that it has been advised by its attorneys concerning, and is familiar with, the <br />provisions of California Civil Code § 1542, which provides as follows: <br />"A general release does not extend to claims which the creditor does <br />not know or suspect to exist in his or her favor at the time of <br />executing the release, which if known by him or her must have <br />materially affected his or her settlement with the debtor." <br />Tenant-Seller acknowledges that it and any others acting on its behalf herein may <br />have sustained damage, loss, cost, or expenses that are presently unknown and unsuspected and <br />which may give rise to additional damages, loss, costs, or expenses in the future. Nevertheless, <br />Tenant-Seller acknowledges that this Agreement has been negotiated and agreed upon in light of <br />that situation and hereby expressly waives any and all rights which it or others acting on its behalf <br />may have under California Civil Code § 1542, or under any statute or common law or equitable <br />principle of similar effect. <br />Tenant-Seller: <br />12. CONTINGENCY. This transaction is subject to and contingent upon receipt by <br />Buyer of the duly executed Quitclaim Deed from Tenant-Seller with respect to the Tenancy Interest <br />and the Improvements. This transaction is further subject to and contingent upon approval and <br />acceptance by Buyer. <br />13. AGREEMENT TO EXECUTE. Tenant-Seller and Buyer agree to execute and file <br />any additional agreements, consents or other documents reasonably necessary to effect the full and <br />complete settlement and purchase of the Improvements and the Tenancy Interest. <br />14. AUTHORIZATION TO EXECUTE. Tenant-Seller and Buyer represent and warrant <br />that the persons executing this Agreement are duly authorized to do so and to act on behalf of <br />Tenant-Seller and Buyer respectively. <br />15. COMPROMISE IN SETTLEMENT. This Agreement is a compromise in settlement <br />of pending or potential litigation between Tenant-Seller and Buyer and shall never be treated as an <br />admission by Buyer for any purpose of liability or as to value of any property or claim. <br />16. SURVIVAL OF RIGHTS AND OBLIGATIONS. Notwithstanding the releases <br />contained herein and agreement concerning this transaction, all the rights and obligations created <br />under and pursuant to this Agreement shall survive the execution of the Agreement, the releases <br />contained herein and the Closing of this transaction. <br />17. WARRANTIES, REPRESENTATIONS AND COVENANTS OF TENANT- <br />SELLER. Tenant-Seller hereby warrants, represents, and/or covenants to Buyer that: <br />A. To the best of Tenant-Seller's knowledge, there are no actions, suits, material <br />claims, legal proceedings, or any other proceedings affecting the Improvements, the Tenancy <br />Interest or any portion thereof, at law or in equity, before any court or governmental agency. <br />A-3 <br />25D-7