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WANG, T E H PONG AND HUI YING WANG-2013
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WANG, T E H PONG AND HUI YING WANG-2013
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Last modified
4/23/2021 3:33:30 PM
Creation date
9/30/2013 10:19:36 AM
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Contracts
Company Name
WANG, T E H PONG AND HUI YING WANG
Contract #
A-2013-088
Agency
PUBLIC WORKS
Council Approval Date
1/22/2013
Destruction Year
0
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11. Except as set forth herein, the WANGS release the CITY from any and all <br />compensation claims they have or may have in the ACTION (including compensation for the <br />taking, severance damages, improvements, inventory, loss of use, mitigation costs, and loss of <br />business goodwill), any benefits to which they may be entitled under the relocation assistance <br />program, any compensation claim the WANGS may have for the taking of their property for the <br />CITY's Bristol Street Widening Project. <br />12. In addition to the RELEASED CLAIMS described in Paragraph 1 I above, the <br />WANGS hereby release the CITY and its representatives, officers, employees, predecessors, <br />successors, agents, and assigns from any and all claims, complaints, causes of action, liabilities, <br />demands, compensation claims, damages, and expenses (including attorney's fees and interest), <br />relating to or arising out of the ACTION. <br />13. The CITY hereby indemnifies the WANGS and holds them harmless from any <br />loss of or damage to any property, or injury or death of any person whomsoever, arising after the <br />effective date of this Agreement, proximately caused in whole or in part by negligence of the <br />CITY or the CITY's agents or by any act or omission for which the CITY's or the CITY's agents <br />are liable arising from the performance of the construction of the CITY's Bristol Street Widening <br />project. <br />14. Each of the PARTIES expressly waives and relinquishes all rights and benefits <br />afforded under Section 1542 of the California Civil Code. Each of the PARTIES acknowledges <br />that each has had an opportunity to seek independent legal advice regarding this express waiver. <br />Section 1542 of the Civil Code states as follows: <br />"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS <br />TO WHICH THE CREDITOR DOES NOT KNOW OR <br />SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME <br />OF EXECUTING THE RELEASE, WHICH IF KNOWN BY <br />HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS <br />OR HER SETTLEMENT WITH THE DEBTOR." <br />5 <br />
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