25F - AGMT PROPERTY EXCHANGE - Laserfiche WebLink

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executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." Tenant -Seller a,nd Buyer acknowledge that they and any others acting on their behalf herein may have sustained damage, loss, cost, or expenses that are presently unknown and unsuspected and which may give rise to additional damages, loss, costs, or expenses in the future. Nevertheless, Tenant-Sellcr and. Buyer acknowledge that thls Agreement has been negotiated and agreed upon in light of that sltuatluu and huroby t mprassly wuives any and all rights which it or others acting on its behalf may have under Callfbrnia Civil Code §1542, or under any statute or common law or equitable principle of similar effect. 15. CONTINGENCY. Transaction is subject to and contingent upon receipt by Buyer of the duly executed Quitclaim Deed from 'Tenant-Sellcr with respect to the Tenancy Interest and the Improvements. This transaction is further subject to and contingent upon approval and acceptance by Buyer. 16. AGREEMENT TO EXECUTE. Tenant -Seller and Buyer agree to execute and file any additional agreements, consents or other documents reasonably necessary to effect the full and complete settlement and purchase of the Improvements and the Tenancy Interest. 17, AUTHORIZATION TO EXECUTE. Tenant -Seller and Buyer represent and warrant that the persons executing this Agreement are duly authorized to do so and to act on behalf Of Tenant -Seller and Buyer respcotively. is. c_0, !R0MISE.IN SETTLEMENT. Tbi8 Agreement is a compromise in settlement of pending or potential litigation between Tenant -Seller and Buyer and shall never be treated as an admission by'Ruyer for any purpose of liability or as to value of any property or claim. 19, SIMYIVAL OF RIGHTS..ANI7 OBLIGATIONS. Notwithstanding the releases contained herein and agreement concerning this transaction, all the rights and obligations created under and pursuant to this Agreement shall survive the execution of the Agreement, the releases contained herein and the Closing of this transaction. 20. WARRANTIES REPRESENTATIONS AND COVENANTS OF TENANT - SELLER. '1'en.ant-Seller hereby warrants, represents, and/or covenants to buyer that: A, To the best of'rnnwt.Reiler',s knnwladgc, there arc nn wflona, suits, matnrisl elalms, legal proceedings, or any other proceedings affecting the Improvements, the Tenancy Interest or any portion thereof, at law or in equity, before any court or governmental agency. B. Until the Closing, Tenant -Seller shall maintain the Improvements and the Promises in good condition and Mate of repair and maintenance, and shall perform all of its obligations under any service contracts or other contracts affecting the Improvements and the Premises. C. Until the Closing, Tenant -Seller shall not do anything which would impair Tenant, -Seller's title to the improvements or the Tenancy )ntercgt. 25F-37