Deeds & Easements_11-1993E - Laserfiche WebLink

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to Grantor an amount sufficient to discharge said taxes and/or assessments. These representations and warranties shall survive the Close of Escrow. 4. ACKNOWLEDGEMENT OF FULL BENEFITS AND RELEASE. A. By execution of this Agreement, Grantor, on behalf of itself and its heirs, executors, administrators, successors and assigns, hereby acknowledges that this Agreement provides full payment for the acquisition of the Easement by Grantee, and Grantor hereby expressly and unconditionally waives any claim(s) for damages, relocation assistance benefits, severance damages, interest (other than as described in Section 2.1 above), loss of goodwill, claims for inverse condemnation or unreasonable precon- demnation conduct, or any other compensation or benefits other than as already expressly provided for in this Agreement, it being understood that this is a complete and full settlement of all acquisition claims, liabilities, or benefits of any type or nature whatsoever relating to or in connection with the acquisition of the Easement. B. This Agreement arose out of Grantee's efforts to acquire the Easement through an eminent domain action filed in the San Bernardino County Superior Court, bearing Case No. 265330. Grantor, on behalf of itself, its heirs, executors, administrators, successors and assigns, hereby fully releases Grantee, its successors, agents, representatives (including attorneys), and assigns, and all other persons and associations, known or unknown, from all claims and causes of action by reason of any damage which has been sustained, or may be sustained, arising out of or related to the eminent domain action, or as a result of Grantee's efforts to acquire the Easement or to construct the works of improvement thereon, or any preliminary steps thereto. Grantor further waives any rights it may have in the money deposited by Grantee to secure an order for prejudgment possession of the Easement in the eminent domain action, and agrees to its dismissal from the eminent domain action upon Close of Escrow. Upon Close of Escrow, Grantee may dismiss the aforementioned eminent domain suit with all parties absorbing their respective attorney fees and costs. Grantor hereby acknowledges that it has been advised by its attorneys concerning, and is familiar with, the provisions 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 favor at the time of executing the release, which if known by him must have -4- LMH164445