Laserfiche WebLink
8 <br />b) The Meyers Nave releases and forever discharges the City, its past, present and future <br />elected and appointed officers, directors, board members, employees, agents, <br />representatives, attorneys, successors; and assigns from any and all claims, demands, <br />obligation's, and causes of action of any nature whatsoever, past present and future, <br />whether known or unknown, whether existing or arising hereafter, whether based in tort, <br />contract, statute, Constitution, or other legal theories of recovery and whether for <br />compensatory or punitive damages, which arise out of or in any way relate to the Eden <br />Road dispute between the City and Meyers Nave. <br />c) The mutual releases in subparagraphs (a) through (b) of this Section specifically include <br />any and all claims, whether or not now known or suspected to exist and whether or not <br />specifically or particularly described herein. The Parties expressly waive and any right to <br />assert hereafter that any claim has been omitted from the terms of these releases through <br />ignorance, oversight, error or any other cause, and further expressly waive any right that they <br />may have under the provisions of California Civil Code Section 7542, which reads as <br />follows: <br />'A general release does not extend to claims which the creditor does not know or suspect <br />to exist in his favor at the time of executing the release, which if known by him must <br />have materially effected his settlement with the debtor.' <br />20. Expiration of Tolling Agreement <br />But for any claims related to enforcement of this Agreement, the Tolling Agreement between the <br />City and Meyers Nave dated December 11, 2013 and amended June 1, 2014, June 2, 2015 and <br />September 22, 2015 has expired and is of no force or effect. <br />IN WITNESS WHEREOF the parties have executed this Agreement for Legal <br />Services. <br />CITY OF SAN LEANDRO MEYERS NAVE, RIBACK, SILVER & WILSON <br />____________________________ _______________________________ <br />Pauline Cutter, Mayor David Skinner, Managing Principal <br />ATTEST: <br />____________________________________ <br />Tamika Greenwood, City Clerk