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GRANTOR: VALLEY BIBLE CHURCH APN: 941-1311-35-2 <br /> PROJECT: JOHNSON 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 claims 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, expected 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 all rights and claims that GRANTOR has, may have, or may in the future have <br /> under Article 1, Section 19 of the California Constitution, the California Eminent Domain Law, Code <br /> of Civil Procedure section 1230.010 et seq., or any other law or regulation. The parties <br /> acknowledge that they each have been informed of and are familiar with the provisions of <br /> California Civil Code Section 1542 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, if 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 <br /> waive any right they might have to voice said provisions now or in the future with respect to the <br /> releases set out in this Agreement. The parties recognize and acknowledge that factors which <br /> have induced them 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 Breach. 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 <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, claims for <br /> all damages attributable to CITY's breach, and specific performance of this Agreement. <br /> 14. Miscellaneous_ <br /> A. Authority to sign; Approval of CITY. GRANTOR and the signatories represent and <br /> warrant that the signatories to this Agreement are authorized to enter into this Agreement to <br /> convey real property and that no other authorizations are required to implement this <br /> Agreement on behalf of GRANTOR. <br /> GRANTOR understands that this 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 <br /> which shall be an original, but all counterparts shall constitute one agreement. <br /> Page 4 of 0 <br />