Agmt16 Boardwalk Auto Group - License for use of former sewer treatment plant fpr parking

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21 . Waiver of Default: Cumulative Remedies. No waiver of any default by any party to this Agreement shall be implied from any omission by any other party to take any action in respect of such default if such default continues or is repeated. No express waiver of any default shall affect any default or cover any period of time other than the default and period of time specified in such express waiver. One or more waivers of any default in the performance of any term , provision or covenant contained in this Agreement shall not be deemed to be a waiver of any subsequent default in the performance of the same term , provision or covenant or any other term , provision or covenant contained in this Agreement. The consent or approval by any party to or of any act or request by any other party requiring consent or approval shall not be deemed to waive or render unnecessary the consent to or approval of any subsequent similar acts or requests. The rights and remedies given to any party by this Agreement shall be deemed to be cumulative and no such rights and remedies shall be exclusive of any of the others, or of any other right or remedy at law or in equity which any such party might otherwise have by virtue of a default under this Agreement, and the exercise of one such right or remedy by any such party shall not impair such party's standing to exercise any other right or remedy. 22. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original , and when taken together they shall constitute one and the same Agreement. Signatures may be made by telecopy or PDF provided the original is promptly mailed to the other party. 23. Recitals. The recitals above are incorporated by reference as though fully set forth in the Agreement. 24. Relocation Waiver. LICENSEE fully releases and discharges CITY from all and any manner of rights, demands, liabilities , obligations, claims, or causes of action , in law or equity, of whatever kind or nature, whether known or unknown , whether now existing or hereinafter arising , which arise from or relate in any manner to the sale of the City Property, the full or partial termination of LICENSEE's right to use License Area 1 as permitted under this License Agreement, or the relocation of LICENSEE's business operations or the relocation of any person or persons, business or businesses, or other occupant or occupants located on License Area 1 , including , without limitation, the specific waiver and release of any right to any relocation benefits, assistance and/or payments under Government Code Sections 7260 et seq. ("Relocation Assistance Law") , notwithstanding that such relocation assistance, benefits and/or payments may be otherwise required under the Relocation Assistance Law or other state or federal law, and compensation for any interest in LICENSEE's business operations or License Area 1 including , but not limited to, improvements; license or leasehold bonus value; fixtures , furniture, or equipment; loss of business goodwill ; severance damage; attorneys' fees or any other compensation of any nature whatsoever. LICENSEE acknowledges and agrees that the release and waiver set forth in this paragraph is material consideration for CITY's licensing of License Area 1 to LICENSEE on the terms set forth herein and that, but for this release and waiver, CITY would not have licensed License Area 1 to LICENSEE. It is hereby intended that the above release relates to both known and unknown claims that the LICENSEE may have, or claim to have, against CITY with respect to the subject matter contained in this Section 24. By releasing and forever discharging claims both known and unknown which are related to or which arise under or in connection with the items set out above, the LICENSEE expressly waives any rights under California Civil Code Section 1542, which provides: ATTY/AGR/2016.240/BOARDWALK AUTO DEALERS REV: 08-29-16 RL Page 10 of 13