|
r
<br />pay is not the joint responsibility of City and Mercy. The Parties further agree that should Mercy fail to
<br />make the payment within the specified time, Girls shall look to Mercy and Mercy alone for recourse. Girls
<br />has no cause of action in law against City or in equity to compel City to make the payment should Mercy fail
<br />in this regard.
<br />Section 2 Release. Girls hereby release, acquit and forever discharge City and Mercy from any and
<br />all existing and future actions, causes of action, losses, claims, demands, damages, costs, loss of use, loss
<br />of revenue, expenses, compensation, and all other forms of damages arising from and/or relating to the
<br />Water Intrusion Damage, including those which they do not know at the time of executing this Agreement
<br />which, if known by it, might have materially affected this Agreement. Furthermore, this release explicitly
<br />includes any and all actions, causes of action, losses, claims, demands, damages, costs, loss of use, loss
<br />of revenue, expenses, compensation, and all other forms of damages arising from and/or relating to the
<br />subsequent permanent repairs, and the design thereof, that any Party suspects to exist, suspects in the
<br />future might exist or undertakes in its favor.
<br />Section 3 Waiver of Unknown Claims Against City and Mercy. Girls understands and agrees that
<br />it is familiar with California Civil Code section 1542, which provides:
<br />A general release does not extend to claims which the creditor does not know or suspect to
<br />exist in his or her favor at the time of executing the release, which if known by him or her
<br />must have materially affected his or her settlement with the. debtor.
<br />Girls voluntarily waives any right or benefit which it has or may have under California Civil Code section
<br />1542 and any similar provision of the statutory or non-statutory law of any jurisdiction as to any unknown
<br />claims against City and Mercy arising out of or related to the Water Intrusion Damage or any City or Mercy
<br />actions related thereto prior to the Effective Date, and/or release of claims that are the subject of this
<br />Agreement. Girls acknowledges that it is aware that it, its attorneys, and/or its agents may hereafter
<br />discover facts in addition to or different from those which they now know or believe to exist with respect to
<br />the subject matter of this Agreement, but that it is Girls' intention to hereby fully, finally, and forever settle
<br />and release all of its claims, disputes, and differences, known or unknown, suspected or unsuspected,
<br />which now may exist against City and Mercy with respect to the subject matter of this Agreement, except
<br />for those claims retained as part of this Agreement. This Agreement, and the releases in Section 2 above,
<br />shall be and remain in effect as full and complete releases against City and Mercy notwithstanding the
<br />discovery or existence of any such additional or different facts, except for those claims explicitly retained as
<br />part of this Agreement. Notwithstanding the foregoing, this Section 3 shall not apply to any claim, dispute
<br />or difference solely between City and Mercy.
<br />Section 4 Representations and Warranties; Acknowledgment. Each Party to this Agreement
<br />represents, warrants and agrees as follows: (a) they have made such investigation of the facts and matters
<br />pertaining to this Agreement which they deem necessary, (b) they have had an opportunity to consult with
<br />an attorney regarding this Agreement before signing it, (c) they have read this Agreement and understand
<br />the contents of this Agreement, (d) each person signing this Agreement has the full authority to sign this
<br />Agreement on behalf of the Party for which he or she is signing and also has the ability and authority to
<br />bind the Party to the obligations and commitments set forth in this Agreement, and (e) each Party has not
<br />assigned, granted, transferred, or purported to assign, grant or transfer, any of the rights, claims, causes of
<br />action, defenses or privileges that may be disposed of by this Agreement.
<br />1434123.1 2 Agreement and Release of Claims
<br />Girls, Inc. water intrusion damage claim
<br />
|