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Rate Change, SCE shall credit Buyer an amount equal to the difference
<br />between the amount charged to Buyer for electricity under the LS -1 Schedule
<br />and the amount that would have been charged to Buyer for the same electricity
<br />under the LS -2 Schedule for the period beginning with the Commencement
<br />Date and ending on the date the rate change is effective.
<br />(b) Prior to the Closing Date, SCE shall provide an updated final map and inventory
<br />of the Facilities transferred to Buyer.
<br />6.5 Prohibition on Connecting Non -Conforming Load. Buyer acknowledges and
<br />agrees that Buyer's purchase of the Facilities does not entitle Buyer to connect
<br />non -conforming load to the Facilities or supporting circuits beyond SCE's initial
<br />point of connection. If Buyer wishes to connect such non -conforming load, Buyer
<br />agrees to comply with SCE's applicable filed tariffs.
<br />6.6 Closing Date. The Closing Date shall occur no later than the first working day
<br />immediately following the completion of the Inventory Inspection Period. The exact
<br />Closing Date shall be determined by the mutual consent of the Parties.
<br />7. RELEASE.
<br />7.1 Release. Buyer, for itself, and for any future owners of all or a part of the Facilities,
<br />and each of their respective predecessors, successors, assigns, licensees,
<br />officers, directors, employees, agents, partners, shareholders, transferees, parent
<br />and subsidiary corporations, legal representatives, heirs, beneficiaries, executors
<br />and administrators hereby fully and forever releases, discharges and covenants
<br />not to sue the SCE Parties of, from or for any and all losses (including diminution
<br />in the value of the Land) and all other costs, claims, demands, actions, suits,
<br />orders, causes of action, obligations, controversies, debts, expenses, accounts,
<br />damages (including "consequential or direct damages), judgments and liabilities of
<br />whatever kind or nature (including fines and civil penalties), and by whomsoever
<br />asserted, in law, equity or otherwise, whether known or unknown, (each a "Claim"
<br />and, collectively, "Claims") arising from or in any way connected with the Facilities,
<br />Claims relating to Potential Environmental Hazards, and Claims relating to the
<br />presence of PCBs or any other Hazardous Substances in the Facilities, and/or in,
<br />on or about the Land.
<br />7.2 Waiver of Civil Code § 1542. With respect to the matters being released in
<br />Paragraph 7, and as to those matters only, Buyer does knowingly, after having first
<br />obtained the advice of its attorneys, waive all of the provisions of California Civil
<br />Code § 1542 ("Section 1542"). Section 1542 reads as follows:
<br />"A general release does not extend to claims which the creditor does not
<br />know or suspect to exist in his or her favor at the time of executing the
<br />release, which if known by him or her must have materially affected his or
<br />her settlement with the debtor."
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<br />55A-24
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