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11.01.85 <br /> P129-019 <br /> realestl-370 <br /> <br /> To Warren: Warren Avenue Associates <br /> 6500 Village Park Way <br /> Dublin, CA 94568 <br /> Attn: Mr. Iver Hilde <br /> <br /> Copy to: Warren Avenue Associates <br /> 4438 Yorkfield Court <br /> Westlake Village, CA 91361 <br /> Attn: Mr. Walter Wallner <br /> <br /> To City: City Attorney's Office <br /> 200 Bernal Avenue <br /> P.O. Box 520 <br /> Pleasanton, CA 94566 <br /> Attn: Peter D. MacDonald <br /> <br /> ARTICLE 11 <br /> <br /> WAIVER AND DISCLAIMER <br /> <br /> Warren waives any and all claims it may have against <br />the City, Prudential and Hacienda!.for compensation in addition <br />to that describ~__~.~ <br />including any claim from any tenant of Warren for any <br />compensation due to such tenant as a result of the conveyances <br />and the work described in this agreement. The parties <br />acknowledge that Parcels A-l, A-2, A-3 and A-4 are part of one <br />or more larger parcels which Warren, or its predecessor, has <br />leased to Burger King Corporation and other tenants. Warren <br />hereby agrees to defend, indemnify and hold the other parties <br />harmless against any and all liabilities, claims, losses, <br />expenses or judgments made, incurred, or obtained by Burger <br />King Corporation or the other tenants, arising out of or in <br />connection with Warren's conveyance of Parcels A-l, A-2 or A-3, <br />or the conveyance of an easement in Parcel A-4 to A-2, or any <br />combination of the foregoing. <br /> <br /> -12- <br /> <br /> <br />