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without limitation claims based on negligence, except to the extent the City's issuance of said
<br />forms was grossly negligent or was part of a scheme to defraud or willfully cause injury to Tenant.
<br />11. No Other Claims; Mutual Waiver and Release: Except for the obligations
<br />specified herein, Tenant and the City hereby release and forever discharge each other, together
<br />with their respective officers, officials, council members, employees, attorneys, accountants, other
<br />professionals, insurers, and agents, and all entities, boards, commissions, and bodies related to any
<br />of them, successors, assigns, heirs, personal representatives and executors, and all persons, firms,
<br />associations, co-partners, co -venturers, insurers, contractors, engineers, subcontractors,
<br />subsidiaries, parents, affiliates, or corporations connected therewith, and each and any of them
<br />("Released Parties"), from any and all claims, debts, liabilities, demands, obligations, costs,
<br />expenses, attorney's fees, actions, and causes of actions of every nature, character, and description
<br />whether known or unknown and whether based on a tort, contract, statute, regulation, ordinance,
<br />or other theory of recovery, directly or indirectly arising out of any matter, fact, and/or allegation
<br />related to all acts, omissions, events, circumstances, or facts occurring or existing prior to the
<br />Effective Date, that arise out of or are related to (i) the residency and/or termination of residency
<br />at Docktown, ownership, lease or license of any property at Docktown, (ii) maintenance at or of
<br />Docktown, (iii) the Recitals, (iv) the Litigation and Government Code Claims, (v) Tenant's
<br />quitclaim, (vi) severance damages, if any, (vii) any and all rights pertaining to any local, state or
<br />federal relocation regulations (including without limitation the Docktown Plan, CRAL and federal
<br />relocation law and regulations), (viii) the Eminent Domain Law contained in the Code of Civil
<br />Procedure sections 1230.010 et seq., including, but not limited to the Code of Civil Procedure
<br />section 1245.245, (ix) economic or consequential damages, (x) professional consultant fees and
<br />attorney's fees and costs except as otherwise set forth in this Agreement, (xi) the City's acquisition
<br />of Inferno including, without limitation, all of Tenant's property rights and interests in Inferno,
<br />including but not limited to any improvements, including improvements pertaining to the realty,
<br />furniture, fixture, and equipment, and (xii) all other costs, and any and all compensable interests,
<br />and/or damages, and/or claims, of any kind and nature, claimed or to be claimed, suffered or to be
<br />suffered, by Tenant, her agents, successors and assigns, relating in any way to Docktown—
<br />including without limitation Tenant's tenancy at Docktown, use of Docktown, and obligations to
<br />remove Bohemia, Grace, and other personal property from Docktown—provided that nothing
<br />herein shall release the City from any liability resulting from the City's breach of this Agreement.
<br />The City further acknowledges and agrees that the performance by Tenant and their obligations
<br />under this Agreement shall serve as full and complete performance of any and all obligations of
<br />Tenant to the City under any and all Docktown-related rental or license agreements between the
<br />City and Tenant (including without limitation for any rent owed).
<br />Tenant further acknowledges and agrees that the performance by the City and its obligations under
<br />this Agreement shall serve as full and complete performance of any all obligations of the City to
<br />Tenant under any and all Docktown-related rental or license agreements between the City and
<br />Tenant (including without limitation for return of any security deposit); the Docktown Plan, the
<br />ORAL, any other state or federal relocation law or regulations; the federal and state Constitutions;
<br />the Eminent Domain Law contained in the Code of Civil Procedure sections 1230.010 et seq.
<br />(including, but not limited to the Code of Civil Procedure section 1245.245); and/or any other
<br />local, state, or federal law or regulation.
<br />ATTY/AGR/SETTLEMENTS/SETTLEMENT AGREEMENT - ALISON MADDEN
<br />REV: 07-21-22 VR
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