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GRAW01t: 7194 JOHNOW OWE Ramos,LLC AMM: M14311-M-1 <br /> PROACr J0011MMUMMECOMMIDWASAWN111frZOMPOGAM <br /> from any and all kalkhh1fty of achy nakm whole o wr for all dakns or causes of action including thhow <br /> for ale Corisequextces,effects and results of any loW injtuy or darrago,whether the same are now <br /> knom or ufkmm to the undersigned,&Veiled or unexpected by the undersigned,or have <br /> already appeared or developed or may now be MW*or may In the ti+hms appear or dw4WW. <br /> GRANTOR herby acknowtedm that the omMormetion paid to GRANTOR through this <br /> Agreement coratit Ass the full and compide,settlemant of any and all clam against the CITY,by <br /> mom of C"s WQttWM of the Pttmlalitii t EU met'It NW TM.tlpe Acely rhg,but rot <br /> llrniled to,any and ale righhts and ciaktra that GRANTOR has,may haw,or alar in the Mxv has <br /> under Article 1,Section 19 of the California Constitution,the California F.minerif Dwain Low, <br /> Code of C1W Procedure section 1230.010 at seq.,or any other taw or MQUI tion. The parties <br /> acknowledge that they each have been infotrnsd of and are firmer wilh the provisions of <br /> California Civil Code Section 1542 which provkles; <br /> *A toner mi ralmass does not erdehd to claim that the cored e, or releasing <br /> party dome not knew or suspect th exist in his or her favor at the time of j <br /> exectrtirrp to mlease and tint if known by him or her,would haw mderielly <br /> alfsccrled his or her seftnent with the debkv or rslemsed party.' d <br /> Further,tate parties mutually waiw the p wiskins d Caillornim CM Code Section 1542,and Wter <br /> waive shy e#1t ttoy might han to YR'm wAd pmviuom mw or in ibis iiA Ml h raapert 10 the <br /> rsieasas set out in this Awswr rt. The parties recognim and admowbdp that factors which <br /> r have i ncluced them to enter Into this Comp mnime and Release may turn out to be incorrWor <br /> dff'erent to what ihsy haw prewim*ahticir mbd,and the parties m"masly assuane the risks and <br /> further exprmrr*ass me fire risk of this wtkr of Cellfc nim Civil Code section 1542. <br /> N this Agreement is terminated,this Section shat have no force and Bills CL <br /> i <br /> I&Rsraedfee floe Bresatr. In the event of a breach of this Aerssmerd by GRANTOR,CITY is <br /> e~to putwi a any and afi remedles available to it against GRANTOR.IrK*Xlirrg.WWMA <br /> limitation.claim far all danuges Wributable to GRANTOR's breech,and scenic perfo rmarwe <br /> of thus Agrsernot In this evert of a beech of tris Agreement by CITY.GRANTOR is ethtiMd to <br /> pursue achy and all verr»dss smailebte to it against CITY.including.without t+rhhitaton,dairras for <br /> all ahmages s arW to C"Y'e brmch,and specific perfixmsrwe d this Agreement. <br /> UL Nlktwllaneoas. <br /> A. Audwft to gM/ln www of CITY. GRANTOR and the sonaitaries nhrprsemrtt arhd <br /> werrant that to signatories to this Agreernerht see au lhoetsed to miter Into this Agreenrard to <br /> convey real property and that no atter aulhohihraborts ars raged to implement this f <br /> Agrearnart on boW of GRANTOR. <br /> GRANTOR underotertrle that this Agreernsnt is subject to the eWwat of CITY,and this <br /> Agrverne t shah taws no etfar t unless mW unit the CITY COUNCIL approves it <br /> B Countenmirb Sbuhn, This AWswt rt may be executed m amntmrparts,each of <br /> which shall be an ornigind, but ale counterparts Ad constitute am agreement. <br /> C. Enfk+e AgmernmL The parties have here set forth the whole of their agresmart. The <br /> performance of this Agwrtant asattullas the antra consideration for the Pwmenard <br /> Eaeemewt and TCE auhd shy relieve CITY drill father obligation or c k ms on this amount <br /> or on account of the la0on,grade, construction or operation of the proposed Project. <br /> D. SWwding on Succossom and Asda. This Agrearnent shall be binding on and inure to <br /> the beton of the respective hers,successors aid assigns of the patties. <br />