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Agmt98 Irvine Apartment ... (2)
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Agmt98 Irvine Apartment ... (2)
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Last modified
7/5/2005 2:36:06 PM
Creation date
11/3/2003 12:46:58 PM
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Agreement
Contractor Name
Irvine Apartment Communities
PROJECT NAME
construction of street improvements - Bair Island Road Extension
RMP File Number
100
Date
7/20/1998
Reso Ref
13359 13360
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is subject to uncertainties, including, but not limited to, those attendant upon <br />litigation. Accordingly, Irvine hereby releases City, its Council, boards, <br /> <br />commissions, officers, employees, agents, and consultants from any and all <br />claims, actions, or liabilities, which have accrued, or may accrue to Irvine from <br />City's obligations hereunder to acquire property interests in the Street Parcel <br /> <br />pursuant hereto including, without limitation, entering into contracts with third <br /> <br />parties necessary or appropriate for said acquisition, acquisition thereof by <br /> <br />negotiation, or attempts at negotiation, and through eminent domain. Irvine <br /> <br />hereby waives and relinquishes any rights it may have under Civil Code Section <br /> <br />1542 which provides as follows: <br /> <br /> "A general release does not extend to claims which the <br /> creditor does not know or suspect to exist in his favor at the time of <br /> executing the release, which if known by him must have materially <br /> affected his settlement with the debtor." <br /> <br /> 14. Independent Contractor. The parties acknowledge and agree that <br /> <br />neither Irvine, nor any of Irvine's agents or contractors are, or shall be, agents or <br /> <br />employees of City in connection with the performance of Irvine's obligations <br /> <br />under this agreement. <br /> <br /> 15. Successors~ AssiRns. This agreement, and the rights, duties, and <br /> <br />obligations hereunder, shall inure to, and be binding upon, the successors, <br />assigns, and heirs of the parties hereto. Irvine may assign this agreement <br />subject to City's approval, which approval shall not unreasonably be withheld or <br /> <br />delayed. <br /> <br />G:~shared~Redwood\Council 1 '~ <br />Agmt-142 <br />DE$:rg <br />03/09/98;03/13/98R <br />,04/10/98R; 05/07/98RRR:0~./01/98RRRR <br /> <br /> <br />
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