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FIFTH: The parties hereto hereby agree that all rights and benefits under Section 1542 of the
<br />Civil Code of the State of California are hereby waived and relinquished. Civil Code section 1542
<br />provides as follows:
<br />"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
<br />CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER
<br />FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN
<br />BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER
<br />SETTLEMENT WITH THE DEBTOR."
<br />Initialed by:
<br />SIXTH: In consideration of the City's obligations set forth herein, notwithstanding the
<br />provisions of Civil Code section 1542, Applicant hereby irrevocably and unconditionally releases
<br />and forever discharges the City and each and all of its officers, agents, directors, supervisors,
<br />employees, representatives, and its successors and assigns and all persons acting by, through, trader,
<br />or in concert with the City from any and all charges, complaints, claims, and liabilities of any kind or
<br />nature whatsoever, known or unknown, suspected or unsuspected (hereinafter referred to as 'claim"
<br />or 'claims") which Applicant at any time heretofore had or claimed to have or which Applicant at
<br />any time hereafter may have or claims to have, including, without limitation, any and all claims
<br />related or in any manner incidental to the information contained in the Recitals.
<br />SEVENTH: Applicant represents that Applicant has reviewed all aspects of this Agreement,
<br />that the Agreement has been carefully read and fully explained to Applicant and that Applicant
<br />understands all the provisions of this Agreement, that Applicant understands that in agreeing to this
<br />document Applicant is releasing the City from any and all claims Applicant may have against the
<br />City, that Applicant voluntarily agrees to all the terms set forth in this Agreement, that Applicant
<br />knowingly and willingly intends to be legally bound by the same, that Applicant was given the
<br />opportunity to consider the terms of this Agreement and discuss them with legal counsel.
<br />EIGHTH: The Parties hereto represent and acknowledge that in executing this Agreement
<br />they do not rely and have not relied upon any representation or statement made by any of the parties
<br />or by any of the parties' agents, attorneys, or representatives with regard to the subject matter, basis, or
<br />effect of this Agreement or otherwise, other than those specifically stated in this Agreement.
<br />NINTH: This Agreement shall be binding upon the parties hereto and upon their hetes,
<br />administrators, representatives, executors, predecessors, successors, and assigns, and shall inure to the
<br />benefit of said parties and each of them and to their heirs, administrators, representatives, executors,
<br />predecessors, successors, and assigns.
<br />TENTH: Should any provision of this Agreement be declared or be determined by any court
<br />of competent jurisdiction to be illegal, invalid, or unenforceable, the legality, validity, and
<br />enforceability of the remaining parts, terms , or provisions shall not be affected thereby, and said
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