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Section shall not apply to the renovation or replacement of the improvements previously made <br />by the City to the Easement Area, the costs and expenses of which shall be borne solely by the <br />City <br />3.5 Unauthorized Repairs. Neither Party shall be responsible for reimbursing the <br />other Party for repairs or alterations performed without compliance with this Agreement. If <br />Owner determines a repair that is the responsibility of the City is necessary, it shall promptly <br />notify the City of the need to make the repair in compliance with this Agreement. If Owner <br />makes such repair itself, it does so at its own cost and expense and shall not be entitled to any <br />reimbursement from or by the City, imless Owner has notified City of the need for the repair or <br />alteration (the "Repair Notice") and the City has failed to undertake the repair or alteration <br />within sixty (60) days after the date the Repair was delivered to City. <br />4. Prior Repairs and Expenses. <br />4.1 Payments. The City shall make the following payments to the Owner <br />within thirty (30) days after the Effective Date: <br />a. Six Thousand Eight Hundred Eighty Eight Dollars ($6,888) for <br />irrigation system leak repairs performed by Owner (the "Leak Repairs"); <br />and <br />b. Five Hxmdred Sixty Dollar ($560) for excess water use due to the <br />irrigation system leak (the "Excess Water Usage"). <br />4.2 Release. In consideration for payments listed in Section 4.1 Settlement <br />payment. Owner hereby irrevocably and unconditionally releases, acquits and forever <br />discharges the City from any and all claims, demands, obligations, actions, liability and <br />losses of every kind and nature whatsoever from any and all liability for claims known or <br />unknown arising prior to the execution ofthis Agreement, related only to the Leak Repairs <br />and the Excess Water Usage. The Owner hereby states that it is its intention in executing this <br />Agreement that the same shall be effective as a bar to each and every claim, demand, cause of <br />action, obligation, damages, charge, liability, attorney's fees and costs herein above released. <br />The Owner hereby expressly waive and relinquish all rights and benefits, if any, arising under <br />the provisions of California Civil Code § 1542 which provides: "A general release does not <br />extend to claims that the creditor or releasing party does not know or suspect to exist in his or her <br />favor at the time of executing the release and that, if known by him or her, would have materially <br />affected his or her settlement with the debtor or released party." <br />5. Payments. Any payment due from one Party to the other Party under this <br />Agreement shall be paid within thirty (30) days of receipt of a written invoice for the amount <br />owned. The invoice shall be accompanied by all documentation reasonably necessary to support <br />the invoice, including a copy of any invoices from contractors, vendors or other parties, as <br />appropriate. <br />6. Default. The failure of either Party to perform any obligation contained herein, <br />after written notice from the non-defaulting party and a reasonable opportunity to cure of not less <br />PagI agreement BETWEEN THE CITY OF SAN LEANDRO AND 13847 SAN LEANDRO PARTNERS LLC