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b. The City shall pay the amount sent forth in section 1(a) above in monthly <br />installments, within thirty (30) days of this Agreement being fully executed. The initial payment <br />shall be in the amount of $1,169.35 (One Thousand One Hundred Sixty Nine Dollars and Thirty <br />Five Cents) representing actual lost rents from the Vacation Date until April 30, 2016. Equal <br />payments of $250.00 shall be made thereafter for actual lost rents from May 1, 2016 until the <br />City obtains legal possession of the Property. <br />2. Compensation for Post -Vacation Lost Rents. <br />As a full settlement of any and all claims or potential claims for lost rents against the City <br />after the Vacation Date of Trivalle, the City shall pay to Ochiai the lost rents caused by <br />Trivalle's vacation of the Property, subject to the provisions set forth herein. Payment of <br />Lost Rents to Ochiai for vacation of the Property by Trivalle shall not exceed twelve (12) <br />months from the date of full execution of this Agreement. <br />3, Payment Information. Payment for the compensation set forth above is to be <br />made by check, made payable to: <br />Kent Ochiai <br />c/o Chris D. Peterson, Esq. <br />Peterson Law Group <br />19800 MacArthur Boulevard, Suite 290 <br />Irvine, CA 92612 <br />4. Security Deposit and Prepaid [tent. Ochiai will be solely responsible to return to <br />Trivalle, because of the City's Project, any security deposit and/or any pro -rated or prepaid rent <br />due to Trivalle. <br />5. Integration. This Agreement constitutes the entire agreement between the Parties <br />hereto regarding lost rents and supersedes all prior and contemporaneous agreements and <br />understandings of the parties regarding lost rents; there are no warranties, representations or <br />other agreements between the parties regarding lost rents except as expressly set forth herein. <br />No amendment hereto shall be binding unless set forth in a writing stating that it is intended to <br />amend this agreement, executed by the party to be bound thereby. No waiver of any of the <br />provisions of this Agreement shall be deemed or shall constitute a waiver of any of the other <br />provisions hereof, whether or not similar, nor shall such waiver constitute a continuing waiver. <br />6. Counterparts. This Agreement may be executed in counterparts and, as so <br />executed, shall constitute one agreement binding on all parties. Executed copies sent by <br />facsimile and/or email shall have the same force and effect as original signatures. <br />7. Severability. In the event that any provision of this Agreement is found by a <br />Court of competent jurisdiction to be void or voidable, the remaining provisions of this <br />Agreement shall remain in full force and effect. <br />8. Choice of Law and Enforcement. This Agreement and any dispute hereunder <br />shall be governed by the laws of the State of California. In addition to any other means for <br />55394.00016\23148407.1 -2- <br />