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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, with the exception of the claims being compensated
<br />separately through the Agreement for Acquisition of Tenant -Seller's Interest in Real Property between
<br />Seller and Buyer. The release herein does not impact, effect or waive any claims or obligations set
<br />forth in the Agreement for Acquisition of Tenant -Seller's Interest in Real Property .This release shall
<br />survive the Close of Escrow.
<br />B. This Agreement arose out of Buyer's efforts to acquire the Property through its municipal authority
<br />and was under the threat of the exercise of eminent domain pursuant to Title 7 of the Code of Civil
<br />Procedure. Seller, on behalf of himself, his heirs, executors, administrators, successors and assigns,
<br />hereby fully releases Buyer, its successors, agents, representatives (including attorneys), and
<br />assigns, and all other persons and associations, known or unknown, from all claims and causes of
<br />action by reason of any damage which has been sustained by Seiler, or may be sustained by Seller,
<br />as a result of Buyer's efforts to acquire the Property or to construct the works of Improvement
<br />thereon, or any preliminary steps thereto, subject to the terms and conditions of this Agreement. This
<br />Agreement does not, and shall not be construed to, require Seiler to indemnify Buyer for damages
<br />which may arise 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 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
<br />or 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
<br />presently unknown and unsuspected, and such damage, loss, costs or expenses which may have
<br />been sustained, may give rise to additional damage, loss, costs or expenses in the future.
<br />Nevertheless, Seller hereby acknowledges that this Agreement has been negotiated and agreed
<br />upon in light of that situation, and hereby expressly waives any and all rights which Seller may have
<br />under California Civil Code Section 1542, or under any statute or common law or equitable principal
<br />of similar effect.
<br />This acknowledgment and release shall survive the Close of Escrow.
<br />13. 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 924 S. Euclid Street, Anaheim, CA 92802.
<br />14. 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 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 />16. 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 />4463760.1 -- NI565.1
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