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this trans tion for the Improvements. -It shall be presumed that the Properly owner is the owner
<br />of all improvements, . tares and equipment associated with the Premises other than the
<br />Improvements.
<br />11, DISMISSAL Or EMINENT DOMAIN ACTION. If Buyer has previously filed
<br />an action to 0 m the Tenancy Interest and/or Tenant -Seder's interest in the Improvements,
<br />Tenant -Seller hereby consents to the dismissal of such action and waives any claims for
<br />compensation, costs, attorney's fees and deposits in said action, or any claim whatsoever which
<br />might arise out of the filing of such action, whether or not such claim is specifically identified
<br />herein. Tenant -Seller hereby authorizes Buyer to withdraw and make payable to Buyer any
<br />fluids deposited with the Court in any such eminent domain action.
<br />12, CLOSING; PURCHASE PRICE ADJUSTMENTS. Recording of the Quitclaim
<br />Deed by Buyer will constitute "Closing" of this transaction, At Closing, Buyer will pay the
<br />Purchase Price to Tenant -Seller, subject to the following adjustments:
<br />A. Pay and charge Tenant -Seder for any and all current and/or delinquent
<br />taxes and any penalties and interest thereon, and for any delinquent or non -delinquent
<br />assessments or bonds against the Improvements and the Tenancy htterest.
<br />B, Pay and charge Tenant -Seller for any amount necessary to place title in the
<br />condition necessary to satisfy Paragraphs 4 and 9 of this Agreement;
<br />C. Disburse fiords when conditions of this Agreement have been satisfied by
<br />Buyer and Tenant -Seller.
<br />13. FULL AND COMPLETE SETTLEMENT. Tenant -Seller hereby acknowledges
<br />that tine compensation paid to Tenant -Seller through this Agreement constitutes the fill and
<br />complete settlement of any and all claims against Buyer, resulting from or arising out of Buyer's
<br />acquisition of the Properly and the Tenancy Interest and any dislocation of Tenant -Seller from
<br />the Premises, specifically including, but not lini ted to the value of the Improvements, leaseliold
<br />improvements, any and all claims for rental or leasehold value and any and all claims in inverse
<br />condemnation and for precondemnation damages, and any and all other claims that Tenant -Seller
<br />may have, whether or not specifically mentioned here, relating directly or indirectly to the
<br />acquisition by Buyer of the Property, the Improvements and the Tenancy Interest (but excluding
<br />relocation benefits to which Tenant -Seller may be entitled and the loss of business goodwill, if
<br />any), Tenant -Seder hereby disclaims any right, title or interest in or to the Premises, Tenant -
<br />Seller and Buyer and each and all of their agents, representatives, attorneys, principals,
<br />predecessors, successors, assigns, administrators, executors, heirs, and beneficiaries (collectively
<br />"Releasees"), hereby release the other party, and its Releasees, and each of them from any and
<br />all obligations, liabilities, claims, costs, expenses, demands, debts, controversies, damages,
<br />causes of action, including without limitation those relating to just compensation or damages
<br />which any of them now have, or might hereafter have by reason of any matter or thing arising
<br />out of or in any way related to any condemnation action affecting the Property, the
<br />Improvements and tine Tenancy Interest. Additionally, Tenant -Seller hereby expressly and
<br />unconditionally waives any claims (known or unknown) including loss of goodwill, severance
<br />damages, statutory interest, claims for inverse condemnation or unreasonable pre -condemnation
<br />
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