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2. Release <br />(a) Nothing contained herein shall constitute a release or discharge by either party <br />for 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 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 "), <br />from all rights, claims or cross - claims, demands, actions, or causes of action, <br />including those for damages, compensation, relocation assistance, relocation <br />benefits, loss of goodwill, property interest, compensation for personal property <br />(loss of inventory), furniture, fixtures and equipment, punitive damages, interest, <br />costs, attorney's and appraisal fees, injunctive or declaratory relief, or for relief by <br />way of writ of mandate, or for demands, damages, refunds, debts, liabilities, <br />reckonings, accounts, obligations, costs, expenses, liens, actions, causes, and <br />causes of action of whatever kind, at law or in equity, that the Parties have now <br />or may have against any of the Released Parties arising from the facts and <br />circumstances described in this Agreement including but not limited to (1) the <br />acquisition of the Property by the City, (2) Tenant's leasehold interest, if any, in <br />the Property (or any portion thereof) or (3) any other right or interest Tenant may <br />have, assert, or claim by reason of City's actions or failure to act, including, but <br />not limited to, any claim to relocation assistance, relocation benefits or <br />compensation for property or loss of goodwill from the City. <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 <br />that this Agreement shall be given full force and effect in accordance with each <br />and all of its express terms and provisions, including those terms and provisions <br />relating to unknown or unsuspected claims, demands and causes of action, if <br />any, to the same effect as those terms and provisions relating to any other <br />claims, demands and causes of action herein above specified. <br />2 of 7 <br />