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<br />those delays, or other facts, and for the purpose of resolving Developer's Claims (as <br />used herein, "Claims" shall mean all claims, demands, obligations, damages, actions, <br />and causes of action of any kind for any relief whatever, on any basis whatever, <br />whether known or not, whether asserted or not, whether fixed or contingent, against the <br />City and/or Agency, their employees, representatives and agents of any kind arising out <br />of or relating to the Public Parking Facility). This Amendment represents that <br />compromise and release and is a negotiated settlement for all of Developer's work, <br />Services, changes, proposed changes and Claims arising out of or related to events or <br />circumstances occurring prior to the execution of this Amendment No. One. <br /> <br />B. The increased amount of the Not-to-Exceed Parking Facility Cost set forth <br />above is a negotiated compromise and settlement of Developer's disputed Claims. It <br />includes compensation for any and all amounts for which Developer sought or could <br />have sought payment through Wentz' Change Order Requests No. 1 through 86, <br />inclusive, as well as compensation for delays in construction of the Public Parking <br />Facility and Project arising from or related to events or circumstances prior to the date <br />this Amendment is signed. <br /> <br />C. Developer acknowledges its awareness of Section 1542 of the California <br />Civil Code, which provides as follows: <br /> <br />A general release does not extend to claims which the creditor does not <br />know or suspect to exist in his favor at the time of executing the release, <br />which if known by him must have materially affected his settlement with <br />the debtor. <br /> <br />Developer further represents that it intends to, and does, waive and relinquish any right <br />or benefit which it has or which it may have under Section 1542 of the California Civil <br />Code with respect to Claims for compensation any and all amounts for which Developer <br />sought payment through Wentz' Change Order Requests No. 1 through 86 as well as <br />compensation for delays in the Project arising from or related to events or <br /> <br />9 <br /> <br />n0727v1233786/0001 <br />