25E - AGMT CHASE FAMILY TRUST - EAST END

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EXHIBIT 3 this Agreement is also intended to include in its effect, without limitation, all claims that the Parties do not know of or expect to exist in their favor at the time of the execution hereof, and the Parties agree that this Agreement contemplates the extinguishment of any such claim or claims that in any way relate to or arise from the transfer of the Subject Properties. In addition, the Parties expressly waive and relinquish all rights and benefits afforded by California Civil Code section 1542 relating to the subject matter hereof, and, in doing so, understand and acknowledge the significance and consequences of such specific waiver of said provisions of law. Civil Code section 1542 states as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT. Initialed by: City Fainbarg East End 8. Each Party to Bear Their Own Fees and Costs. Each Party shall bear its/his/her own costs, expenses, and attorneys' fees incurred in connection with the transfer of the Subject Properties, the administrative and/or legal proceedings preceding or resulting in this Agreement, and in connection with any other proceedings or actions initiated by any Party against any other Party in any forum (civil, criminal, administrative, or quasi -administrative) concerning the transfer of the Subject Properties, and each of the Parties hereto, and each of their respective associated or related parties, expressly waives any claim for recovery of any such costs, expenses, or attorneys' fees from the Party. Fainbarg and East End shall be responsible for paying any and all standard fees required by the City for the processing of lot line adjustments, lot mergers, and related documents, as necessary to fulfill the transfer of the Subject Properties. Attorneys for all Parties to this Agreement do likewise expressly waive any claim for recovery of costs, expenses, and/or attorney's fees from the Party(ies) that are not their client(s) and/or from any source whatsoever, relating to the matters discussed herein, except as otherwise provided for in this Agreement. 9. Context. Whenever the context so requires in this Agreement, all words used in the singular shall be construed to have been used in the plural (and vice versa), each gender shall be construed to include any other genders, and the word "person" shall be construed to include a natural person, a corporation, a firm, a partnership, a joint venture, a trust, an estate or any other entity. 10. No Other Terms. This Agreement contains all of the terms and conditions agreed upon by the Parties hereto regarding the subject matter of this Agreement. Any prior or contemporaneous agreements, promises, negotiations, or representations, either oral or written, relating to the subject matter of this Agreement, not expressly set forth in this Agreement, are of no force or effect. 11. Waiver of Terms of Agreement. No waiver by any Party of any breach of any term or provision of this Agreement shall be construed to be, nor be, a waiver of any preceding, 25E-8