Snowhunter548

Space Sharing Agreement.Landlord and Tenant each hereby release, acquit and forever discharge, as of the Recapture Date, the other and the other’s officers, directors, trustees, agents, representatives, employees, successors, affiliates, and assigns (collectively, “Agents”) from any and all claims, demands, debts, charges, complaints, liabilities, causes of action, damages, and obligations of whatever kind or nature, whether known or unknown or suspected or unsuspected which such party or any of its respective Agents may have, claim to have, or which may hereafter accrue, whether in their own right or by assignment, transfer or grant from any other person or entity, against the other and its Agents, or any of them, arising out of, or relating to or in any way connected with, the Space Sharing Agreement between Landlord and Tenant dated as of February 1, 2001, as amended by an Amendment dated as of November 15, 2002 and an Amendment dated as of May 1, 2004 (the “Space Sharing Agreement”), or any services or payments thereunder. In connection with such release, Landlord and Tenant each hereby waives any and all rights conferred upon it by the provisions of Section 1542 of the California Civil Code, which reads 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. Each of the parties hereby covenants that it will not make, assert or maintain against the other and its Agents, or any of them, any claim or action arising under the Space Sharing Agreement. The parties acknowledge and agree that this mutual release of claims once Landlord recaptures the Recapture Space is a material term of this agreement; each agrees to deliver to the other, upon reasonable request and after the Recapture Date, a mutual release of claims arising under the Space Sharing Agreement substantially similar to the one contained herein, If required for a full release of claims thereunder. This Fourth Amendment effects the settlement of claims that are denied and contested and nothing contained in this agreement shall constitute, or be construed as, an admission by either party of any liability of any kind to the other party or to any third person. Each party represents to the other that (i) such party has the authority to enter into this Fourth Amendment and perform its obligations hereunder, including the rele..