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GRANTOR: VALLEY BIBLE CHURCH APN: 941-1311-35-2 <br /> PROJECT: JomsON DRIVE ECONOMIc DEVELOPMENT ZONE PROJECT <br /> agrees to hold CITY harmless and reimburse CITY for any of its losses and expenses <br /> occasioned by reason of any lease of the Permanent Easement and TCE held by a tenant for a <br /> period exceeding one month. <br /> 12.Release of All Claims. This is intended as a full and complete release of all or any claims <br /> that either party has against the other and is in full settlement of any and all such claims and <br /> intends to and does hereby release all of said persons,firms,associations and corporations of and <br /> from any and all liability of any nature whatsoever for all dams or causes of action including those <br /> for all consequences,effects and results of any loss, Injury or damage,whether the same are now <br /> ? known or unknown to the undersigned,expeded or unexpected by the undersigned,or have <br /> already appeared or developed or may now be latent or may in the future appear or develop. <br /> GRANTOR hereby acknowledges that the compensation paid to GRANTOR through this <br /> Agreement constitutes the full and complete settlement of any and all claims against the CITY, by <br /> reason of CITY's acquisition of the Permanent Easement and TCE,specifically Including, but not <br /> limited to,any and off rights aid claims that GRANTOR has, may have,or may in the future have <br /> under Article 1,Section 19 of the Ca llfc>mis Constitution,the California Eminent Romain Law,Code <br /> of Civil Procedure section 1230.010 ei seq.,or any other law or regulation. The parties <br /> acknowledge that they each have been in1brined of and are famaiar with the provisions of <br /> California Civil Code Section 1342 which provides: ; <br /> "A general release does not extend to claims that the creditor or releasing <br /> party does not know or suspect to exist in his or her favor at the time of <br /> executing the release and that it known by him or her,would have materially <br /> affected his or her settlement with the debtor or released party." { <br /> Further,the parties mutually waive the provisions of California Civil Code Section 1542,and further i <br /> ¢ waive any right they might have to voice sold provisions now or in the future with respect to the <br /> ! releases sed out In ttft Agreement The pasties recognize and acknowledge that fetors which <br /> have Induced#wn to enter Into this Compromise and Release may turn out to be incorrect or <br /> different to what they have previously anticipated,and the parties expressly assume the risks and <br /> further expressly assume the risk of this waiver of California Civil Code section 1542. <br /> If this Agreement is terminated,this Section shall have no force and effect. <br /> 13.Remedies for Bnwh. In the event of a breach of this Agreement by GRANTOR..CITY is <br /> entitled to pursue any and all remedies available to it.against GRANTOR,including,without <br /> limitation, claims for all damages attributable to GRANTOR's breach,and specific performance e <br /> of this Agreement. In the event of a breach of this Agreement by CITY,GRANTOR Is entitled to <br /> pursue any and all remedies available to it against CiTY, including,without limitation,dates for <br /> all damages attributable to CITY's breach,and specific performance of this Agreement. <br /> 14.Miscellaneous. <br /> i <br /> A. Authority fio Won:Awroval of CITY. GRANTOR aind the signatories represent and <br /> warrant that the signatories to this Agreement are authorized to enter into this Agreement to ; <br /> convey real property aril that no other authorizations are required to implement this j <br /> Agreement on behalf of GRANTOR. <br /> GRANTOR understands that this <br /> Agreement is subject to the approval of CITY, and this <br /> Agreement shall have no effect unless and until the CITY COUNCIL.approves it. <br /> B. Counterparts Signature. This Agreement may be executed in counterparts,each of s <br /> which shall be an original, but ail counterparts shall constitute one agreement. <br /> Page 4 of 4 <br />