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09B
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2018
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020618
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09B
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1/31/2018 5:22:20 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
2/6/2018
DESTRUCT DATE
15Y
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removal of Hazardous Material, substances or wastes on, under or about the Property or the <br />adjoining or neighboring property; (viii) the quality of any labor and materials used in any <br />improvements on the Property, or (ix) the condition of title to the Property. <br />6.4 Developer to Rely on Own Experts. Developer understands that notwithstanding <br />the delivery by City to Developer of any materials, including, without limitation, third party <br />reports, Developer will rely entirely on Developer's own experts and consultants and its own <br />independent investigation in proceeding with the acquisition of a leasehold interest in the <br />Property. <br />6.5 Release by Developer. Effective upon the Close of Escrow for the lease of the <br />Property, Developer WAIVES, RELEASES, REMISES, ACQUITS AND FOREVER <br />DISCHARGES the lndemnitees and any person acting on behalf of the City, from any and all <br />Claims, direct or indirect, known or unknown, foreseen or unforeseen, which Developer now has <br />or which may arise in the future on account of or in any way arising out of or in connection with <br />the physical condition of the Property, the presence of Hazardous Material in, on, under or about <br />the Property, or any law or regulation applicable thereto including, without limiting the <br />generality of the foregoing, all Environmental Laws. <br />DEVELOPER ACKNOWLEDGES THAT DEVELOPER IS FAMILIAR WITH SECTION 1542 <br />OF THE CALIFORNIA CIVIL CODE, WHICH PROVIDES AS FOLLOWS: <br />A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS <br />WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO <br />EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING <br />THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST <br />HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT <br />WITH THE DEBTOR. <br />BY INITIALING BELOW, DEVELOPER EXPRESSLY WAIVES THE BENEFITS OF <br />SECTION 1542 OF THE CALIFORNIA CIVIL CODE WITH RESPECT TO THE <br />FOREGOING RELEASE: <br />OAK #4845-1087-0362 v5 <br />26 <br />Developer's initials: <br />
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