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realty; damage to or loss or machinery, fixtures, inventory, equipnj�nt and/or personal property; any <br />right to repurchase, leaseback from Seller, or receive any financial gain from, the sale of any portion <br />of the Property , or challenge Buyer's adoption of a resolution of necessity, pursuant to Code of Civil <br />Procedure sections 1245.245; any right to receive any notices pursuant to Code of Civil Procedure <br />section 1245.245; any right to enforce any other obligation placed upon Seller pursuant to Code of <br />Civil Procedure sections 1245.245, 1263.025 and 1263.615; any other rights conferred upon <br />Defendants pursuant to Code of Civil Procedure sections 1245.245 and 1263.615 and 1263.025; and <br />attorney's fees and costs. It being understood that this is a complete and full settlement of all <br />acquisition claims, liabilities, or benefits of any type or nature whatsoever relating to or in connection <br />with the acquisition of the 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 authority. <br />Seller, on behalf of himself, his heirs, executors, administrators, successors and assigns, hereby fully <br />releases Buyer, its successors, agents, representatives (including attorneys), and assigns, and all <br />other persons and associations, known or unknown, from all claims and causes of action by reason of <br />any damage which has been sustained by Seller, or may be sustained by Seller, as a result of <br />Buyer's efforts to acquire the Property or to construct the works of improvement thereon, or any <br />preliminary steps thereto. This Agreement does not, and shall not be construed to, require Seller to <br />indemnify Buyer for damages which may arise as a result of Buyer's efforts to construct <br />improvements on the Property. <br />C. Seller hereby acknowledges that he either has consulted with legal counsel, or had an opportunity to <br />consult with legal counsel, regarding the provisions of the California Civil Code section 1542, which <br />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 known <br />by him or her must have materially affected his or her settlement with the 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 sustained, <br />may give rise to additional damage, loss, costs or expenses in the future. Nevertheless, Seller hereby <br />acknowledges that this Agreement has been negotiated and agreed upon in light of that situation, and <br />hereby expressly waives any and all rights which Seller may have under California Civil Code Section 1542, <br />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. Box <br />1988, in the City of Santa Ana 92701, County of Orange, State of California. The mailing address of the <br />Seller is-1 306 W. 11th Street Santa Ana CA 92703 <br />15. Exceptions. City agrees to accept title to said real property subject to the following: NONE. <br />16. Entire Agreement. It is mutually agreed that the Parties hereto have herein set forth the whole of <br />their Agreement. Performance of this PSA by City shall lay at rest, each, every, and all issue(s) that were <br />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, tenant, <br />occupant, or user of the Property used, generated, released, discharged, stored, or disposed of any <br />hazardous waste, toxic substances, or related materials ("Hazardous Materials") on, under, in, or about the <br />Property, or transported any Hazardous Materials to or from the Property. Seller shall not cause or permit <br />the presence, use, generation, release, discharge, storage, or disposal of any Hazardous Materials on, <br />under, in, or about, or the transportation of any Hazardous Materials to or from, the Property. The term <br />