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of the Tenant, the City of Santa Ana, the City of Santa Ana Public Works Agency,
<br />and those parties' accountants, other professionals, agents, representatives,
<br />assigns, employees, administrators, trustees, insurers, attorneys, heirs,
<br />beneficiaries, and successors in interest (collectively the "Released Parties"), from
<br />all rights, claims or cross-claims, demands, actions, or causes of action related to
<br />any loss of business goodwill that the Parties have now or may have against any
<br />of the Released Parties arising from the facts and circumstances described in this
<br />Agreement including but not limited to (1) the acquisition of the Property by the
<br />Agency, (2) Tenant's leasehold interest, if any, in the Property (or any portion
<br />thereof) or (3) any other right or interest Tenant may have, assert, or claim by
<br />reason of Agency's actions or failure to act.
<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.
<br />(c) Each party acknowledges that it may hereafter discover facts or law different from
<br />or in addition to those which it now believes to be true with respect to the release
<br />of claims. Each party agrees that the foregoing release shall be and remain
<br />effective in all respects notwithstanding such different or additional facts or law
<br />or any party's discovery thereof. The Parties shall not be entitled to any relief in
<br />connection therewith, including, but not limited to, any damages or any right or
<br />claim to set aside or rescind this Agreement.
<br />(d) None of the Parties or their respective agents nor any related entities have made
<br />any statement or presentation to the other regarding any fact relied upon in
<br />entering into this Agreement and the Parties, and each of them, expressly do not
<br />rely upon any statement, representation or promise of any other party or any
<br />party's agent or related entities in executing this Agreement, except as is
<br />expressly set forth herein. Each of the Parties has made such investigation of the
<br />facts and law pertaining to the subject matter of this Agreement as it deems
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<br />25G-6
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