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transaction for the Improvements. It shall be presumed that the Property owner is the owner of all <br />improvements, fixtures and equipment associated with the Premises other than the Improvements, <br />11. DISMISSAL OF EMINENT DOMAIN ACTION. If Buyer has previously filed an <br />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. Tenant - Seller hereby authorizes Buyer to withdraw and make payable to Buyer any funds <br />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 taxes <br />and any penalties and interest thereon, and for any delinquent or non - delinquent assessments or <br />bonds against the Improvements and the Tenancy 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 Tenant- Seller. <br />13. FULL AND COMPLETE SETTLEMENT. Tenant- Seller hereby acknowledges that <br />the compensation paid to Tenant -Seller through this Agreement constitutes the full and complete <br />settlement of any and all claims against Buyer, resulting from or arising out of Buyer's acquisition <br />of the Property and the Tenancy Interest and any dislocation of Tenant - Seller from the Premises, <br />specifically including, but not limited to the value of the Improvements, leasehold improvements, <br />any and all claims for rental or leasehold value and any and all claims in inverse condemnation and <br />for precondemnation damages, and any and all other claims that Tenant - Seller may have, whether <br />or not specifically mentioned here, relating directly or indirectly to the acquisition by Buyer of the <br />Property, the Improvements and the Tenancy Interest (but excluding relocation benefits to which <br />Tenant -Seller may be entitled and the loss of business goodwill, if any). Tenant- Seller hereby <br />disclaims any right, title or interest in or to the Premises. Tenant- Seller and Buyer and each and all <br />of their agents, representatives, attorneys, principals, predecessors, successors, assigns, <br />administrators, executors, heirs, and beneficiaries (collectively "Releasees "), 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 />