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<br /># <br />-/ <br />'j . <br /> <br />Q: <br /> <br />~ CÁ WL <br />'Î/~/o5 <br />~ <br /> <br />SETTLEMENT AGREEMENT AND MUTUAL RELEASE <br /> <br />This Agreement made by and between JOAN BRANDT, MICHAEL SPOSITO and <br />BARBARA TYSON owners of real propertY located at 901-903 Main Street, Redwood City, <br />California (hereinafter "Lessor") and HANNA HOANG and TAW ANA MARIE WATSON <br />(hereinafter collectively "Lessee"). <br /> <br />WHEREAS Lessors have leased premises known as 901-903 Main Street, Redwood City, <br />California to Lessees under the terms and conditions of two separate Leases dated August 26, <br />2000 which Leases are attached hereto and marked Exhibits "A" and "B" and incorporated <br />herein by reference; <br /> <br />WHEREAS Lessees are in continuous breach of the Lease as hereinafter described; <br /> <br />WHEREAS Lessors have given Lessees a 3-Day Notice to cure said breaches or <br />surrender the premises in the form attached hereto and marked Exhibits "c" and "D" and <br />incorporated herein by reference; <br /> <br />WHEREAS the parties hereto now desire to settle all of their rights, claims, duties and <br />disputes relating to Exhibits "A" and "B". <br /> <br />NOW THEREFORE it is agreed as follows: <br /> <br />1. Lessees shall deliver possession of the premises at 901-903 Main Street, Redwood <br />City, California to Lessors no later than May 15, 2005. <br /> <br />2. Lessees, at Lessees sole cost and expense shall restore the premises at 901 Main <br />Street to the original condition and remove all trade fixtures, partitions, and work stations <br />installed by Lessee. Lessees shall repair any damages to the premises occasioned by the removal <br />of said items. Lessees shall return possession of the premises to Lessors in clean condition. <br />Lessors shall have the option to accept the condition of the premises when possession is restored <br />to Lessors or at Lessors' option to charge to Lessees the cost of any additional repairs reasonably <br />required in Lessors' opinion to restore the premises to the clean and original condition. <br /> <br />3. Lessees shall return the premises at 901 Main Street, Redwood City, California to <br />Lessors forthwith in "as-is" condition. Lessors acknowledge that there is a subtenant in said <br />premises, Tung T. Tran. Lessees represent to Lessors that Tung T. Tran has no rights to the <br />premises other than through a sublease by Lessees under Lessors' main lease which is being <br />herein terminated and that Lessees have no security deposit from Tung T. Tran. Lessors shall <br />enter into a new month to month tenancy agreement with Tung T. Tran on the terms and <br />conditions acceptable to Lessors. Provided Tung T. Tran remains in the premises on a month to <br />month basis and pays rent to Lessors in the amount of Two Thousand Seven Hundred Dollars <br />($2,700.00) per month for the months of June, July and August 2005, Lessors will release Lessee <br />of any and all further rights, duties and obligations under the Lease agreement for 901 Main <br />Street, Redwood City, California. If Tung T. Tran fails to pay rent for any month it shall or any <br /> <br />1 <br /> <br />"-r--"'" -'TO... <br />