Agmt 2016 Meyers Nave - Laserfiche WebLink

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b) The Meyers Nave releases and forever discharges the City, its past, present and future elected and appointed officers, directors, board members, employees, agents, representatives, attorneys, successors; and assigns from any and all claims, demands, obligation's, and causes of action of any nature whatsoever, past present and future, whether known or unknown, whether existing or arising hereafter, whether based in tort, contract, statute, Constitution, or other legal theories of recovery and whether for compensatory or punitive damages, which arise out of or in any way relate to the Eden Road dispute between the City and Meyers Nave. c) The mutual releases in subparagraphs (a) through (b) of this Section specifically include any and all claims, whether or not now known or suspected to exist and whether or not specifically or particularly described herein. The Parties expressly waive and any right to assert hereafter that any claim has been omitted from the terms of these releases through ignorance, oversight, error or any other cause, and further expressly waive any right that they may have under the provisions of California Civil Code Section 7542, which reads as follows: 'A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially effected his settlement with the debtor.' 20. Expiration of Tolling Agreement But for any claims related to enforcement of this Agreement, the Tolling Agreement between the City and Meyers Nave dated December 11, 2013 and amended June 1, 2014, June 2, 2015 and September 22, 2015 has expired and is of no force or effect. IN WITNESS WHEREOF the parties have executed this Agreement for Legal Services. CITY OF SAN LEANDRO Pauline Cutter, Mayor ATTEST: Tamika Greenwood, City Clerk MEYERS A 7,CK, SILVER& WILSON David Skinner, Managing Principal