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any and all claims, actions, causes of action, obligations, liabilities, indebtedness, breach of duty, claims for injunctive relief and other equitable relief, suits, liens, losses, costs or expenses, including attorneys' fees, of any nature whatsoever, whether known or unknown, fixed or contingent, liquidated or unliquidated, suspected or unsuspected, foreseen or unforeseen, that arise out of, are based upon, or relate in any way to the claims asserted and issues raised in the Action. b. Notwithstanding paragraph 4a above and 4c below, the City shall comply with and enforce all obligations imposed by law and regulation upon Project -related activities, including all provisions of Mitigation Measures relating to impacts AIR -2, AIR -5, NOISE -1, NOISE -2, NOISE -3 and NOISE -4, as set forth in the Mitigation and Monitoring Reporting Program approved in the Resolution and provision, by the City, of means of vehicular and pedestrian ingress to/egress from the Marina Inn Property at all times of construction of the Project. The Inn shall attempt to resolve any dispute under this subsection with the on-site complaint and enforcement manager (as identified in Mitigation Measure NOISE -4, bullet no. 10) as a pre -requisite to filing any claim against the City. C. Waiver of Civil Code Section 1542: The foregoing releases are intended to extend to all such claims, known or unknown, suspected or unsuspected, and each party expressly waives and relinquishes any rights and benefits which they have or may have under Section 1542 of the Civil Code of the State of California, which provides: "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 AFFECTED HIS SETTLEMENT WITH THE DEBTOR." d. Consultation with Counsel: Each party acknowledges that they have Counsel concerning this matter. Each party agrees that it shall not claim or argue that lack of Counsel has impacted its decision to enter into this Agreement including effect of the release set forth in subparagraph (a), the language from Civil Code Section 1542 quoted in subparagraph (c), and the waiver contained in subparagraph (c). The Parties knowingly accept the risks associated with this Agreement. 5. Execution Not an Admission Concerning the Action: Concerning the Action, this Agreement settles a dispute. By entering into this Agreement, no party hereto admits that the Petition claims or.contentions of the other in the Action were or are valid or meritorious. Each party hereto has in the past denied and continues to deny the claims, assertions, allegations and contentions of the others. 6. Advice of Counsel. The undersigned and each of them hereby declare and represent that in effecting this Agreement, each has received full legal advice as to their respective legal rights and each hereby certifies that he, she or it has read all of this Agreement and fully understands the same.