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AgdaPkt 2010-11-22 clsd and regular
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AgdaPkt 2010-11-22 clsd and regular
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Last modified
7/9/2012 11:22:57 AM
Creation date
11/18/2010 5:05:06 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Regular
Agency Type
City Council and Redevelopment Agency
Date
11/22/2010
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. . . <br /> � without limitation the obligation of County to pay or otherwise provide Relocation <br /> Benefits to existing occupants (collectively, all of the foregoing shall be hereinafter <br /> returned referred to as the "Property Conditions"). County shall look solely to the <br /> Owners, and not to the City or any City-Related Party, with respect to any Claims <br /> relating to the Property Conditions, subject to any limitations on recourse against the <br /> Owners set forth in the Option Agreements. County represents that County is a <br /> knowledgeable purchaser of real estate and that County is relying solely on County's own <br /> expertise and the expertise of County's consultants and advisors and is making and <br /> relying upon its own inspections of all aspects of the Properties. Accordingly, County <br /> hereby waives, releases, acquits and forever discharges and covenants not to sue City or <br /> ' the City-Related Parties of, from and for any and all Claims, whether direct or indirect, <br /> known or unknown, foreseen or unforeseen, that it now has, or which may arise in the <br /> future, on account of or in any way gowing out of or connected with the Property <br /> Conditions and the Option Agreements. County expressly waives the benefits of <br /> California Civil Code Section 1542, which provides as follows: <br /> • "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS <br /> WHICH THE CREDITOR DOES NOT KNOW OR EXPECT TO <br /> EXIST 1N HIS OR HER FAVOR AT THE TIME OF <br /> EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM <br /> OR HER MUST HAVE MATERIALLY AFFECTED HIS OR <br /> HER SETTLEMENT WITH THE DEBTOR." <br /> • 7. Counterparts. This Assignment may be executed in counterparts, each of <br /> which shall be deemed an original, but all of which, together, shall constitute one and the , <br /> same instrument. <br /> 8. Binding Effect. This Assignment shall be binding upon and inure to the <br /> benefit of the successors, assigns, personal representatives, heirs and legatees of the <br /> respective parties hereto. <br /> • 9. Governin�. This Assignment shall be governed by, interpreted <br /> under, and construed and enforced in accordance with the internal laws of the State of <br /> California. <br /> 10. Section Headin�s. The headings of sections are inserted only for <br /> convenience only and are not intended to limit or define the scope or effect of any <br /> provision of this Assignment. <br /> 11. No Oral Modifications. This Assignment may not be amended or <br /> modified except in writing executed by all of the parties hereto. <br /> 12. Attornevs' Fees. If an action is commenced by a party hereto resulting <br /> from a dispute arising out of this Assignment, the prevailing party shall be entitled to <br /> recover its reasonable attorneys' fees and costs from the other party in such action. As <br /> • used herein, the term attorneys' fees means attorneys' fees whether or not litigation <br /> Exhibit <br />
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