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that the Qualified Designee nevertheless hereby intends to release, discharge and acquit the City from any such unknown causes of action, claims, demands, debts, controversies, damages, costs, losses and expenses. Accordingly, the Qualified Designee, on behalf of itself and anyone claiming by, through or under the Qualified Designee, hereby assumes the above-mentioned risks and hereby expressly waives any right the Qualified Designee and anyone claiming by, through or under the Qualified Designee, may have under Section 1542 of the California Civil Code, which reads 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." Qualified Designee's Initials: Notwithstanding the foregoing,'this release shall not apply to, nor shall the City be released from, the City's actual fraud or misrepresentation. Section 3.7 Delivery of Effectuating Agreements. (a) Prior to Close of Escrow, the parties shall execute and deliver to the Title Company the following documents (collectively, the "Effectuating Agreements"): (1) the Grant Deed executed by the Donor, or alternatively, executed by Square Trufund LLC if Donor's right to purchase the Affordable Site was assigned to the Qualified Designee; (2) the Affordable Housing Restrictive Covenant executed by the Qualified Designee and the City; Designee; (3) the Irrevocable Offer to Dedicate executed by the Qualified (4) the Deed of Trust executed by the Qualified Designee; (5) the Assignment of Contracts executed by the Qualified Designee with the executed consents of relevant contractors; (6) If necessary, the Assignment and Assumption Agreement executed by the Qualified Designee and its permitted transferee; (7) The Partial Assignment and Assumption of the Development Agreement executed by the Developer and the Qualified Designee. (b) The terms of the Effectuating Agreements shall be subject to the approval of the City, and Qualified Designee and, to the extent the Donor is a party thereto, the Donor, which approval shall not be unreasonably withheld, and no party shall be obligated to enter into any of the Effectuating Agreements or to proceed with the transactions contemplated herein unless ATTY/AGR/2024.193.1—AFFORDABLE HOUSING LAND DONATION AGREEMENT REV: 1D--22--24 VR Page 14 of 35