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sale of any portion of the Property, or challenge Buyer's adoption of a resolution of necessity, <br />pursuant to Code of Civil Procedure sections 1245.245; any right to receive any notices <br />pursuant to Code of Civil Procedure section 1245.245; any right to enforce any other obligation <br />placed upon Seller pursuant to Code of Civil Procedure sections 1245.245, 1263.025 and <br />1268.615; any other rights conferred upon Defendants pursuant to Code of Civil Procedure <br />sections 1245.245 and 1263.615 and 1263.025; and attorney's fees and costs. It being <br />understood that this is a complete and full settlement of all acquisition claims, liabilities, or <br />benefits of any type or nature whatsoever relating to or in connection with the acquisition of the <br />Property by Buyer. This release shall survive the Close of Escrow. <br />B. This Agreement arose out of Buyer's efforts to acquire the Property through its municipal <br />authority. Seller, on behalf of himself, his heirs, executors, administrators, successors and <br />assigns, hereby fully releases Buyer, its successors, agents, representatives (including <br />attorneys), and assigns, and all other persons and associations, known or unknown, from all <br />claims and causes of action by reason of any damage which has been sustained by Seller, or <br />may be sustained by Seller, as a result of Buyer's efforts to acquire the Property or to construct <br />the works of improvement thereon, or any preliminary steps thereto. This Agreement does not, <br />and shall not be construed to, require Seller to indemnify Buyer for damages which may arise <br />as a result of Buyer's efforts to construct improvements on the Property. <br />C. Seller hereby acknowledges that he either has consulted with legal counsel, or had an <br />opportunity to consult with legal counsel, regarding the provisions of the California Civil Code <br />section 1542, which 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 or her favor at the time of executing the release, which if <br />known by him or her must have materially affected his or her settlement with the <br />debtor." <br />Seller acknowledges that he may have sustained damage, loss, costs or expenses which are presently <br />unknown and unsuspected, and such damage, loss, costs or expenses which may have been <br />sustained, may give rise to additional damage, loss, costs or expenses in the future. Nevertheless, <br />Seller hereby acknowledges that this Agreement has been negotiated and agreed upon in light of that <br />situation, and hereby expressly waives any and all rights which Seller may have under California Civil <br />Code Section 1542, or under any statute or common law or equitable principal of similar effect. <br />This acknowledgment and release shall survive the Close of Escrow. <br />14. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M -36, P.O. <br />Box 1988, in the City of Santa Ana 92701, County of Orange, State of California. The mailing address <br />of the Seller is Anthony Dang, 9688 Westmister Avenue, Garden Grove, CA 92846. <br />15. Exceptions. City agrees to accept title to said real property subject to the following: NONE. <br />15. Entire Agreement. It is mutually agreed that the Parties hereto have herein set forth the whole <br />of their Agreement. Performance of this PSA by City shall lay at rest, each, every, and all issue(s) that <br />were raised or could have been raised in connection with the acquisition of Said Real Property by City. <br />17. Hazardous Waste, Neither Seller nor, to the best of Seller's knowledge, any previous owner, <br />tenant, occupant, or user of the Property used, generated, released, discharged, stored, or disposed of <br />any hazardous waste, toxic substances, or related materials ( "Hazardous Materials ") on, under, in, or <br />about the Property, or transported any Hazardous Materials to or from the Property. Seller shall not <br />cause or permit the presence, use, generation, release, discharge, storage, or disposal of any <br />25L -22 <br />