RecD98 1998-190486 - Laserfiche WebLink

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6. Release. City acknowledges that it shall use its best efforts to acquire such interests and rights of possession in the Street Parcel as may be necessary to provide for construction of the Street Improvements. Notwithstanding the foregoing, RIAB acknowledges and agrees that acquisition of the Street Parcel is subject to uncertainties, including, but not limited to, those attendant upon litigation. Accordingly, RIAB hereby releases City, its Council, boards, commissions, officers, employees, agents, and consultants from any and all claims, actions, or liabilities, which have accrued, or may accrue to RIAB from City's obligation hereunder to acquire property interests in the Street Parcel including, without limitation, entering into contracts with third parties necessary or appropriate for said acquisition, acquisition thereof by negotiation, or attempts at negotiation, and through eminent domain. RIAB hereby waives and relinquishes any rights it may have under Civil Code Section 1542 which provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." 7. Independent Contractor. The parties acknowledge and agree that neither RIAB, nor any of RIAB's agents or contractors are, or shall be, agents or employees of City in connection with the performance of RIAB's obligations under this agreement. 8. Successors. Assians. This agreement, and the rights, duties, and obligations hereunder, shall inure to, and be binding upon, the successors, assigns, and heirs of the parties hereto. RIAB may assign this agreement subject to City's approval, which approval shall not unreasonably be withheld or delayed. 9. Governing Law. This agreement shall be interpreted in accordance with, and the parties' performance hereunder governed by, the laws of the State of California. Agmt-147 F /sh/sh/RC/Council DES: jg:rg 04/1 0/98R;05/07/98RR -5-