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A general creditor's claim shall not be deemed to be a claim against any specific <br />item of Improvements and/or Movable Equipment and Tenant - Seller hereby agrees to accept all <br />responsibility therefore. Unless otherwise provided, it shall be presumed that Tenant - Seller is <br />entitled to payment under this transaction for the Improvements and Movable Equipment. It <br />shall be presumed that the Property owner is the owner of all improvements, fixtures and <br />equipment associated with the Premises other than the Improvements and Movable Equipment. <br />11. DISMISSAL OF EMINENT DOMAIN ACTION. If Buyer has previously filed <br />an action to condemn the Tenancy Interest and/or Tenant - Seller'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. Tenaut- Seller hereby authorizes Buyer to withdraw and make payable to Buyer any <br />finds 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 - Seller 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/or Movable Equipment and the Tenancy <br />Interest. <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 funds when conditions of this Agreement have been satisfied by <br />Buyer and'Fenant- Seller. <br />13. FULL AND COMPLETE SETTLEMENT. Tenant - Seller hereby aelaiowledges <br />that the compensation paid to Tenant - Seller through this Agreement constitutes the full and <br />complete settlement of any and all claims against Buyer, resulting from or arising out of Buyer's <br />acquisition of the Property and the Tenancy Interest and any dislocation of Tenant -Seller from <br />the Promises, specifically including, but not limited to the value of the Improvements and <br />Movable Equipment, leasehold improvements, any and all claims for rental or leasehold value <br />and arty and ail claims in inverse condemnation and for precondennnation damages, and any and <br />all other claims that Tenant- Seller may have, whether or not specifically mentioned here, relating <br />directly or indirectly to the acquisition by Buyer of the Property, the Improvements, Movable <br />Equipment and the Tenancy Interest including relocation boncfits to which Tenant -Seller may be <br />entitled and the loss of business goodwill, if any. Tenant - Sellor and Buyer and each and all of <br />their agents, representatives, attorneys, principals, predecessors, successors, assigns, <br />administrators, executors, heirs, and beneficiaries (collectively "IReleasees "), hereby release the <br />other party, and its Releasees, and each of them from any and all obligations, liabilities, claims, <br />costs, expenses, demands, debts, controversies, damages, causes of action, including without <br />limitation those relating to just compensation or damages which any of them now have, or might <br />hereafter have by reason of any matter or thing arising out of or in any way related to any <br />condemnation action affecting the Property, the Improvements and the Tenancy Interest. <br />251 -7 <br />