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GONZALEZ, ALEJANDRA-2016
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GONZALEZ, ALEJANDRA-2016
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Last modified
2/6/2017 10:44:06 AM
Creation date
2/3/2017 3:31:37 PM
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Contracts
Company Name
GONZALEZ, ALEJANDRA
Contract #
A-2016-271
Agency
PUBLIC WORKS
Council Approval Date
9/20/2016
Destruction Year
0
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conduct, or any other compensation, damages or benefits, arising from the acquisition of the <br />Premises that Tenant -Seller may have against Buyer, its officials, representatives, and attorneys. <br />14. ACKNOWLEDGMENT CONCERNING CIVIL CODE SECTION 1542. <br />Tenant -Seller acknowledges that it has been advised by its attorneys concerning, and is familiar <br />with, the provisions of California Civil Code § 1542, which provides as follows: <br />"A general release does not extend to claims which the creditor <br />does not know or suspect to exist in his or her favor at the time of <br />executing the release, which if known by him or her must have <br />materially affected his or her settlement with the debtor." <br />Tenant -Seller acknowledges that it and any others acting on its behalf herein may <br />have sustained damage, loss, cost, or expenses that are presently unknown and unsuspected and <br />which may give rise to additional damages, loss, costs, or expenses in the future. Nevertheless, <br />Tenant -Seller ackriowledges that this Agreement has been negotiated and agreed upon in light of <br />that situation and hereby expressly waives any and all rights which it or others acting on its <br />behalf may have under California Civil Code §1542, or under any statute or common law or <br />equitable principle of similar effect. <br />Tenant -Seller: A. <br />15. CONTINGENCY. Transaction is subject to and contingent upon receipt by <br />Buyer of the duly executed Quitclaim Deed from Tenant -Seller with respect to the Tenancy <br />Interest and the Improvements. This transaction is further subject to and contingent upon <br />approval and acceptance by Buyer. <br />16. AGREEMENT TO EXECUTE. Tenant -Seller and Buyer agree to execute and <br />file any additional agreements, consents or other documents reasonably necessary to effect the <br />full and complete settlement and purchase of the Improvements and the Tenancy Interest. <br />17. AUTHORIZATION TO EXECUTE. Tenant -Seller and Buyer represent and <br />warrant that the persons executing this Agreement are duly authorized to do so and to act on <br />behalf of Tenant -Seller and Buyer respectively. <br />18. COMPROMISE IN SETTLEMENT. This Agreement is a compromise in <br />settlement of pending or potential litigation between Tenant -Seller and Buyer and shall never be <br />treated as an admission by Buyer for any purpose of liability or as to value of any property or <br />claim. <br />19. SURVIVAL OF RIGHTS AND OBLIGATIONS. Notwithstanding the releases <br />contained herein and agreement concerning this transaction, all the rights and obligations created <br />under and pursuant to this Agreement shall survive the execution of the Agreement, the releases <br />contained herein and the Closing of this transaction. <br />0 <br />
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