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A general release does not extend to claims which the creditor does <br /> not know or suspect to exist in his favor at the time of executing <br /> the release, which if known by him must have materially affected <br /> his settlements with the debtor. <br /> 5. Indemnification. To the fullest extent provided by law, Owner, for itself, its <br /> assigns and successors in interest, hereby holds harmless and indemnifies the City Parties from <br /> and against any and all Claims related to, caused by or arising from the removal of the <br /> Improvements or the presence of the Improvements within the Right-of-Way, except to the <br /> extent of City Parties' gross negligence or willful misconduct. <br /> 6. Encroachment Permit in Full Force and Effect. Except for the exception provided <br /> in Section 2 above,the Encroachment Permit remains in full force and effect. <br /> 7. Acknowledgment. Owner expressly agrees that it has read the entirety of the <br /> Agreement and understands all of its terms and provisions. The contents and effects of the <br /> Agreement have been explained to the Owner by counsel of its own choice, or Owner has had an <br /> opportunity to seek counsel of his/her own choice, and the Agreement is executed voluntarily <br /> and with full knowledge of its significance. <br /> 8. Runs with the Land. The covenants and agreements contained in this Agreement <br /> shall run with the Property and be binding upon and inure to the successors to the Property. <br /> Upon the transfer, sale or assignment of the Property, Owner shall be released from the <br /> obligations under this Agreement, provided, however, that any transferee, purchaser or assignee <br /> expressly in writing assumes all the obligations of Owner under this Agreement in a form <br /> reasonably acceptable to City. <br /> 9. Notification upon Conveyance or Transfer. Upon the conveyance or transfer of <br /> the Property,Owner shall advise the purchaser or transferee of the existence of this Agreement. <br /> 10. Inte�ration. This Agreement constitutes a single integrated written document <br /> expressing the entire agreement of the Parties regarding this subject matter, and supersedes any <br /> and all prior written and oral agreements between them. Any statement, promise, or <br /> commitment about this subject matter which is not contained in this Agreement shall be void and <br /> invalid. <br /> 11. Governing Law. This Agreement shall be construed in accordance with, and be <br /> governed by, the laws of the State of Califomia, without reference to its choice of law <br /> provisions. <br /> 12. No Third Party Beneficiar_y. This Agreement shall not be construed or deemed to <br /> be an Agreement for the benefit of any third party or parties, and no third party or parties shall <br /> have any claim or right of action hereunder for any cause whatsoever. <br /> [SIGNATURE PAGE FOLLOWSJ <br /> REV:10-12-15 VR <br /> Page 3 of 4 <br /> ATTY/AGR.2015.227/Hamilton &Winslow Properties, LLC <br />