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BMDV-54329\2647924.2 Put Option Agreement - 10 - without limitation the presence of hazardous substances or other contaminants, may not be revealed by its investigation. 6.5.3 Civil Code Section 1542 Waiver. In connection with the releases and waivers set forth in this Section 6.5, City/Agency, on behalf of themselves, their respective successors, assigns and successors-in-interest and such other persons and entities, waive the benefit of California Civil Code Section 1542, which provides as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.” City: Agency: 6.5.4 Limitation. Notwithstanding any other provision of this Put Option Agreement to the contrary, in no event shall any waiver or release by City/Agency under this Put Option Agreement apply to the matters covered by Beam's intentional (as opposed to negligence) fraud, or claims arising from Beam’s breach of any of the Closing documents hereunder. 6.5.5 Survival. The foregoing waivers and releases by City/Agency shall survive either (a) the Closing and the recordation of the Deed, and shall not be deemed merged into the Deed upon its recordation, or (b) any termination of this Put Option Agreement. 6.6 Discharge. Notwithstanding any other provisions contained herein, or in any document or instrument delivered in connection with the transfer contemplated hereby, to the contrary (including, without limitation, any language providing for survival of certain provisions hereof or thereof), City/Agency hereby acknowledge and agree that (a) prior to Closing, City/Agency’s sole recourse in the event of a breach by Beam shall be as set forth in Section 5.1 hereof, and (b) upon consummation of Closing, City/Agency shall be deemed to have waived any existing breach of Beam’s Warranties as of the Closing Date to the extent Beam is in breach of the same as of the Closing Date and such breach is actually known to Beam. ARTICLE 7 BEAM’S COVENANTS 7.1 Pre-Closing. From the Effective Date until Closing or earlier termination of this Put Option Agreement, and except as otherwise consented to or approved by City/Agency, Beam covenants and agrees with City/Agency that Beam will: 7.1.1 operate, manage and maintain the Property in the ordinary course of Beam’s business, subject to ordinary wear and tear and further subject to Section 9.2 below; 7.1.2 maintain, as the minimum coverage required of it by this Put Option Agreement, (a) _____________, and (b) commercial general liability insurance insuring