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which may give rise to additional damages, loss, costs, or expenses in the future. Nevertheless, <br />Tenant -Seller aclaiowledges 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 wider any statute or common law or <br />equitable principle of similar effect. <br />Tenant -Seller: <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 />20. WARRANTIES. REPRESENTATIONS AND COVENANTS OF TENANT - <br />SELLER. Tenant -Seller hereby warrants, represents, and/or covenants to Buyer that: <br />A. To the best of Tenant -Seller's knowledge, there are no actions, suits, <br />material claims, legal proceedings, or any other proceedings affecting the Improvements, the <br />Tenancy Interest or any portion thereof, at law or in equity, before any court or governmental <br />agency. <br />B. Until the Closing, Tenant -Seller shall maintain the Improvements and the <br />Premises in good condition and state of repair and maintenance, and shall perform all of its <br />obligations under any service contracts or other contracts affecting the Improvements and the <br />Premises. <br />C. Until the Closing, Tenant -Seller shall not do anything which would impair <br />Tenant -Seller's title to the Premises, the Improvements or the Tenancy Interest. <br />il <br />