Agmt23 Carlsen Motor Cars Incorcorated

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REV: 11-28-23 VR or equity, of whatever kind or nature, whether known or unknown, whether now existing or hereinafter arising, which arise from or relate in any manner to the sale of the City Property, the full or partial termination of LICENSEE's right to use the License Area as permitted under this License Agreement, or the relocation of LICENSEE's business operations or the relocation of any person or persons, business or businesses, or other occupant or occupants located on the License Area, including, without limitation, the specific waiver and release of any right to any relocation benefits, assistance and/or payments under Government Code Sections 7260 et seq. (“Relocation Assistance Law”), notwithstanding that such relocation assistance, benefits and/or payments may be otherwise required under the Relocation Assistance Law or other state or federal law, and compensation for any interest in LICENSEE's business operations or the License Area including, but not limited to, improvements; license or leasehold bonus value; fixtures, furniture, or equipment; loss of business goodwill; severance damage; attorneys' fees or any other compensation of any nature whatsoever. LICENSEE acknowledges and agrees that the release and waiver set forth in this paragraph is material consideration for CITY's licensing of the License Area to LICENSEE on the terms set forth herein and that, but for this release and waiver, CITY would not have licensed the License Area to LICENSEE. It is hereby intended that the above release relates to both known and unknown claims that the LICENSEE may have, or claim to have, against CITY with respect to the subject matter contained in this Section 24. By releasing and forever discharging claims both known and unknown which are related to or which arise under or in connection with the items set out above, the LICENSEE expressly waives any rights under California Civil Code Section 1542, which provides: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” LICENSEE REPRESENTS AND WARRANTS TO CITY THAT IT HAS READ AND UNDERSTANDS THE CONTENTS OF THIS LICENSE, HAS HAD AN OPPORTUNITY TO REVIEW AND DISCUSS IT WITH COUNSEL OF ITS CHOOSING, AND AGREES TO COMPLY WITH AND BE BOUND BY ALL OF ITS PROVISIONS. ATTY/AGR.2023.289/Carlsen Motor Cars (1402 Maple License Agreement) (Page 11 of 14)