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d. The Parties execute this Agreement as their free and voluntary act,without <br /> any duress, coercion, or undue influence exerted by or on behalf of a party or any other <br /> person or entity. EACH PARTY HAS MADE ITS OWN DETERMINATION AS TO <br /> WHETHER TO ENTER THIS AGREEMENT, AND IS RELYING SOLELY AND <br /> EXCLUSIVELY ON ITS OWN DECISION AND JUDGMENT IN DOING SO. <br /> e. Acceptance of this Agreement or any act appertaining hereto is in no way <br /> an admission of any fault or liability by any of the Parties. <br /> f. Each of the Parties is the sole owner of the claims or causes of action being <br /> released herein. None of the Parties have conveyed or assigned any interest in any such <br /> claims or causes of action to any person or entity not a party to this Agreement. <br /> g. Each of the Parties has full and complete authorization and power to execute <br /> this Agreement in the capacity herein stated. In particular,Milan Malkani has full authority <br /> to sign this Agreement on behalf of SM Block 21. Likewise, Stephanie Reyes, City <br /> Manager has full authority from the City to sign this Agreement on behalf of the City. This <br /> Agreement is a valid, binding and enforceable obligation of each of the Parties and does <br /> not violate any law, rule, regulation, contract, or agreement otherwise enforceable by any <br /> of the Parties. <br /> It. This Agreement and the documents expressly incorporated herein by <br /> reference,constitute the entire agreement between the Parties,embody all agreements with <br /> respect to the respective rights, obligations, and liabilities of the Parties, and supersede all <br /> prior agreements and understandings, if any, related to the subject matter of this <br /> Agreement. <br /> 38053116v.1 6 <br />