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AND HOLDS SM BLOCK 21 HARMLESS (INCLUDING ATTORNEYS' FEES AND <br /> LITIGATION EXPENSES) FROM ANY AND ALL KNOWN CLAIMS, DEBTS, <br /> LIABILITIES, DEMANDS, OBLIGATIONS, COSTS, EXPENSES, ACTIONS, CAUSES OF <br /> ACTION, OR SUITS IN EQUITY BASED ON OR ARISING OUT OF, OR IN CONNECTION <br /> WITH, THE LAWSUIT, BY THE CITY OR BY ANY PERSON OR ENTITY CLAIMING BY, <br /> THROUGH, OR UNDER THE CITY REGARDLESS OF CAUSE OR THE SOLE, JOINT, <br /> COMPARATIVE OR CONCURRENT NEGLIGENCE OR GROSS NEGLIGENCE OF SM <br /> BLOCK 21. <br /> 7. The Parties acknowledge, represent,warrant and confirm the following: <br /> a. No party is aware of any claims, demands, damages, actions, causes of <br /> action or suits in equity not made the subject of the recitals set forth above or the Lawsuit. <br /> b. The Parties have carefully read and understand the effect of this Agreement. <br /> Each of the Parties has had the assistance of separate counsel in carefully reviewing, <br /> discussing and considering all terms of this Agreement. No party shall be entitled to have <br /> any provision of this Agreement construed against the other party on the ground that the <br /> second party drafted or proposed that provision. <br /> C. No party's execution of this Agreement is based upon its reliance upon any <br /> representation,understanding, or agreement not expressly set forth herein. No party(or its <br /> agent)has made any representation to any other party (or its agent) not expressly set forth <br /> herein. Further, but not in limitation of the foregoing, the Parties have made no <br /> representations one to another which relate to or effect the consideration, cause, or any <br /> condition for which this Agreement is granted and which representations have not been <br /> expressly embodied in this Agreement. <br /> 38053116v.1 5 <br />