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relate to) (i) the approval of this Agreement; (ii) City's conveyance of the City Property to Buyer; (iii) the environmental condition of the City Property including the presence of any hazardous materials on, under, or about the City Property; or (iv) any acts, omissions, negligence, or willful misconduct by Buyer or its employees, agents, contractors, or subcontractors in connection with Buyer's development of the City Property, excepting only claims arising out of the sole negligence or willful misconduct of City or City Parties. Buyer's indemnity obligations under this Section shall survive the Closing. 10. Waiver and Release. Buyer hereby releases City and City Parties from any and all manner of rights, liabilities, claims, actions, causes of action, suits, proceedings, demands, damages, costs, expenses (including attorney's fees and costs) or other compensation whatsoever, in law or equity, of whatever kind or nature, whether known or unknown, direct or indirect, foreseeable or unforeseeable, absolute or contingent that Buyer now has or may have or which may arise in the future arising out of, directly or indirectly, or in any way connected with (i) the physical or environmental condition of the City Property, whether express, implied or otherwise, including those of fitness for a particular purpose or use; (ii) the City Property's compliance with or failure to comply with any applicable laws; and (iii) any hazardous materials that may be located on, under, or about the City Property (collectively, the "Released Claims"), except to the extent the same results from, constitutes, or arises from a material misrepresentation of any of the matters expressly represented by Seller herein or in any of the documents to be delivered by Seller at Closing. Buyer acknowledges and agrees that it understands that factual matters now unknown to it may have given or may hereafter give rise to Released Claims that are presently unknown, unanticipated and unsuspected, and Buyer further acknowledges and agrees that the releases herein have been negotiated and agreed upon in light of that realization and that Buyer nevertheless intends to release, discharge and acquit City from any such unknown Released Claims. In connection with the foregoing waiver and release, Buyer expressly waives the benefits of Section 1542 of the California Civil Code, which provides as follows: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR EXPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN TO HIM OR HER MUST HAVE MATERIALLY AFFECTED THE SETTLEMENT WITH THE DEBTOR." Buyer's n#ials The provisions of this Section are a material portion of the consideration given by Buyer to the City in exchange for City's performance under this Agreement and shall survive the Closing. OAK #4848-2211-8201 V3 Page 8 of 29 ATN/AGR/2016.297/BUTLER MAIN STREET PURCHASE & SALE AGREEMENT FOR 4 REMNANT PROPERTIES REV: 10-10-16 VR