RES 03043 - Laserfiche WebLink

ATTACHMENT A (b) GenerM Releaqe. Subject to subsection (a) above, Lessee and its owners, employees, agents, assigns and successors a~ee that upon the execution of the Lease, Lessee shall be deemed conclusively to have released and discharged Lessor and its agents, employees. trustees, assigns and successors, from any and all damages, losses, demands, claims, debts, liabilities, obligations, causes of action and rights, whether known or unknown, by Lessee regarding the Land, including, but not limited to, the environmental condition of the Land. (C) Waiver cfi Civil Code § 1 ~47 Lessee agrees that, with respect to the General Release contained in subsection (b) above, the General Release extends to all matters regarding the Land, whether or not claimed or suspecte& to and including the date of execution hereof, and constitutes a waiver of each and all the provisions of the California Civil Code § 1542, which reads as follows: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." Lessee acknowledges that the effect and import of the provisions of Civil Code § 1542 have been explained to it by its own counsel. Lessee understands and acknowledges the significance and the consequence of such specific waiver of unknown claims and hereby assumes full responsibility for any injuries, damages, losses or liabilities that it may hereinafter incur from the waiver of these unknown claims. ARTICLE 6: CC)NDFMNATIlDN DAMAGF OR DFRTRI lC'TIC)lq C)F TIqF PRC)IFOT 6.1 Conflemnaticm If the Project or the fee interest in the Land or any part of them shall be taken or condemned, for any public or quasi-public purpose or use by any competent entity in appropriate proceedings, or by any fight of eminent domain, the Lessor and the Lessee shall request that awards and other payments on account ora taking of the Project or the fee interest in the Land (less costs, fees and expenses incurred by the Lessor and the Lessee in connection with the collection of such awards and other payments) shall be divided by the presiding court between loss of value of the fee interest in the Land and loss of value of the Project. In any case, such awards and payments shall be applied as follows: (a) Net awards and payments received on account of a partial taking of the Project, other than a taking for a temporary use not exceeding one (1) year, shall be allocated and paid in the following order of priority: 22 144\105\153233.13