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<br /> lawsuit including, but not limited to, claims for leasehold valuation, bonus value, fixtures, equipment
<br /> and improvements excepting for loss of business good will pursuant to CCP §1263.51O;
<br />5. Grantor(s) acknowledge and agree that Grantor(s) are not entitled to receive any compensation for
<br /> relocation, fixtures and equipment or goodwill and further agree to execute quit claim deeds, if
<br /> appropriate, for any such property interests;
<br />6. It is agreed that the consideration provided by the terms of this Agreement is in full settlement of: (i)
<br /> any claim grantor(s) have made or could have made in any eminent domain action, including, but not
<br /> limited, to claims for the property, any leasehold interest, any "bonus value," machinery, fixtures and
<br /> equipment in, on or related to the property and unreasonable precondemnation activity; (ii) any claim
<br /> grantors have made or could have made under the Relocation Law (Government Code Section 7260,
<br /> et seq.) by reason of the City's acquisition of the property; (iii) any claim grantors have made or
<br /> could have made against the City in connection with the carrying out of the public project in which the
<br /> subject property is situated;
<br />7. In consideration of this Agreement, Grantor hereby releases City and hereby waives any and all
<br /> claims, liabilities, and obligations in any manner arising out of Grantor's ownership of or interest in
<br /> the real property, lease, fixtures, equipment, leasehold improvements, etc., which is the subject of this
<br /> Agreement thereof, as situated within City's Public Project, whether or not now known, suspected or
<br /> claimed, including but not limited to, any claims for inverse condemnation, relocation benefits,
<br /> leasehold interest, and/or eminent domain. In this respect, each of the parties hereto expressly waive
<br /> the benefits and provisions of section 1542 of the Civil Code of the State of California, which
<br /> provides as follows:
<br /> "A general release does not extend to claims which the creditor does not know
<br /> or expect to exist in his favor at the time of executing the release, which if known by
<br /> him must have materially affected his settlement with the debtor."
<br />8. Except for claims for damages, or other remedies arising out of violations or breaches of this
<br /> Agreement by the City, Grantor(s) further covenant and agree that they will not bring, commence,
<br /> institute, maintain or prosecute, or voluntarily aid any action at law, including, but not limited to,
<br /> inverse condemnation or eminent domain matters, or otherwise prosecute or sue the City or their
<br /> subsidiaries, affiliates, successors, representatives, assignees, officers, directors, partners, and
<br /> employees, either affirmatively or by way of cross-complaint, defense or counterclaim or by any other
<br /> manner or at all, on any alleged claim, demand, liability or cause of action in any manner arising out of
<br /> the occupancy and location of the property, which is the subject of this Agreement, within the City's
<br /> Public Project for which the property is being acquired;
<br />9. Grantor(s) agree that possession of the property shall be given to City upon entry of the Interlocutory
<br /> Judgment in Condemnation as set forth in 1)[2, above or upon the effective date of the Order for
<br /> Immediate Possession issued by the Superior Court in the condemnation lawsuit on March 5, 2003,
<br /> whichever is earlier;
<br />10. Loss or damage to the real property or any improvements thereon, by fire or other casualty, occurring
<br /> prior to the recordation of the Final Order of Condemnation shall be at the risk of the Grantor(s). In
<br /> the event of any such loss or damage, City shall have the right and option to cancel this agreement;
<br />11. Grantor(s) represent, warrant and certify under penalty of perjury that they have authority to enter into
<br /> and grant the settlement, releases, etc., herein given, and that they hold title to the property and any
<br /> lease and the leasehold improvements, and that no document has been signed by or on behalf of
<br /> Grantor(s) for the purpose of creating any lien, encumbrance or security interest, or assignment,
<br /> transfer, etc., in any lease, machinery, fixtures and/or equipment and lor leasehold improvements;
<br />12. Grantor(s) agrees to indemnify, defend and hold City harmless against and with respect to all claims,
<br /> demands, losses, costs, expenses, obligations, liabilities, damages, recoveries and deficiencies,
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