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a i F -3 <br />existing at any time to and including the date hereof (all of which are hereinafter referred to as <br />and included within the "Released Matters'). <br />3.1 Notwithstanding the foregoing, the Released Matters shall not include, and <br />notldng in this Agreement shall release, any obligation of Walters under the Promissoiy Note <br />and Deed of Trust entered into in connection with the purchase of the Property or any obligations <br />under any deed restrictions or conditions, covenants and restrictions recorded against the <br />Property. <br />3.2 Except as expressly set forth above, it is the intenti f the pates in <br />executing this Agreement and in paying and receiving the consideration card for by the <br />Agreement that this Agreement shall be effective as a full and final cord a %wtisfact and <br />mutual general release of and from all Released Matters. <br />3.3 In furtherance of the intentions set f o>tj h er h of t4gparties <br />acknowledges that it is familiar with Section 1542 of thejeKi £ode d S California <br />which provides as follows: <br />"A general release does not extend to cl ic h the credi not know or <br />suspect to exist in his favor at the time3_ff which if known <br />by him must have materially affected His settlemeri8vith the debtor." <br />Each of the parties waives and relinqg5i�g nyix;it or benefit which it has or may have under <br />Section 1542 of the Civil Code of4fie State ff Calrfo r any similar provision of the statutory <br />or non-statutory law of any other jur iictjjj , including federal law, to the full extent that it may <br />lawfully waive all such rig b en pertaining to the subject matter of this Agreement. In <br />connection with such wad and re lqui`I_tent, each of the parties acknowledges that it is <br />aware that it or its attorney" s or accotu� ants Emy hereafter discover claims or facts in addition to <br />or different from those w it now knows or believes to exist with respect to the subject matter <br />of this AgreementEiJrkhe otur_party hereto, but that it is its intention hereby fully, finally and <br />forever to settle-and re alR�Released Matters, disputes and differences known or <br />unknown, suspected otainsuspected, which now exist, may exist or heretofore have existed <br />between Walters, orrthe on d, and the City and Habitat, on the other hand, except as <br />otherwise expressly -- provided in this Agreement. In furtherance of this intention, the releases <br />herein given shall be acid remain in effect as full and complete mutual releases notwithstanding <br />the discovery or existence of any such additional or different claim or fact. <br />- 3.4 Walters, on the one hand, and the City and Habitat, on the other hand, <br />each warrant and represent to the other that it is the sole and lawful owner of all right, title and <br />interest in and to all of the respective Released Matters and that it has not heretofore voluntarily, <br />by operation of law or otherwise, assigned or transferred or purported to assign or transfer to any <br />person whomsoever any Released Matter or any part or portion thereof of any claim, demand or <br />right against the other. Walters, on the one hand, and the City and Habitat, on the other hand, <br />shall indemnify and hold harmless the other from and against any claim, demand, damage, debt, <br />liability, account, obligation, cost, expense, lien, action or cause of action (including payment of <br />attorneys' fees and costs actually incurred whether or not litigation be commenced) based on or <br />PA \10325411.1 5 <br />9999050 - 900139 <br />