Agmt22 Alison Madden - Laserfiche WebLink

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This waiver and release is a general release and includes all claims that have accrued as of the Effective Date, known or unknown, including without limitation as to which any Party is presently unaware or which any Party does not presently suspect to exist which, if known by the Party, would materially affect the Party's release. Each Party hereby expressly, knowingly, and voluntarily waives any and all rights and benefits granted by California Civil Code Section 1542 (or any other analogous federal or state law or regulation). Section 1542 provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. To the fullest extent permitted by law, each Party hereby agrees, represents and warrants that they realize and acknowledge that factual matters now unknown to it may have given or may hereafter give rise to causes of action, claims, demands, debts, controversies, damages, costs, losses and expenses which are presently unknown, unanticipated and unsuspected, and the Party further agrees, represents and warrants that the waivers and releases herein have been negotiated and agreed upon in light of that realization and that the Party nevertheless hereby intends to release, discharge and acquit the Released Parties from any such unknown causes of action, claims, demands, debts, controversies, damages, costs, losses, expenses and other claims. The City has given to Tenant, and Tenant has given to the City material concessions regarding this transaction in exchange for each Party agreeing to the provisions of this Section 11. Notwithstanding the foregoing, the City reserves the right to take appropriate legal action to end residential use at Docktown, including but not limited to by pursuing unlawful detainer proceedings against any sublessees, renters, or guests of Tenants who fail to vacate Docktown by the Relocation Date. The City further reserves the right to exercise its police powers. 12. General Provisions: a. No Admission: This Agreement is the result of a compromise and shall never, at any time for any purpose, be considered as an admission of liability or responsibility on the part of any Party herein released, nor shall the release of any claims or waiver of costs in consideration of the execution of the Agreement constitute or be construed as an admission of any liability whatsoever by any Party herein released. No dismissal filed in conjunction with the Agreement shall constitute a favorable or prevailing result for any Party. b. Cooperation: The Parties shall use available efforts to cooperate with one another in the planning, preparation, execution and close out of the obligations established in this Agreement and otherwise to achieve the objectives and purposes of this Agreement. C. Successors and Assigns: This Agreement is not assignable by Tenant either in whole or in part without the prior written consent of the City. To the extent ATTY/AGR/SETTLEMENTS/SETTLEM ENT AGREEMENT -ALISON MADDEN REV: 07-21-22 VR Page 9 of 13