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• covenants and obligations under the Lease, and the Lease shall remain in full force
<br /> and effect until the Effective Date.
<br /> 3. Surrender. Manning shall surrender the Leased Premises to the City
<br /> on the Effective in good condition and repair, reasonable wear and tear during the
<br /> term of the Lease excepted, in accordance with the provisions of Section 23 of the
<br /> Lease. On or before the Effective Date, Manning shall remove from the Leased
<br /> Premises all furniture, inventory and other personal property owned by Manning,
<br /> except for any such items that are being sold to Erich Schuhmacher
<br /> ("Schuhmacher"), and any damage caused to the Leased Premises by Manning in
<br /> connection with the removal of such items shall be repaired promptly by Manning,
<br /> at Manning's expense. All personal property of Manning left in or about the Leased
<br /> Premises upon the termination of the Lease, except for any such property that has
<br /> been sold to Schuhmacher, shall thereupon become the property of the City, to be
<br /> disposed of by the City as it deems expedient.
<br /> 4. Release.
<br /> (a) Manning and Guarantor hereby waive, release and relinquish all
<br /> rights, claims and defenses they may have against the City, its elected
<br /> officials, employees, agents and other representatives, that arise out of
<br /> any representation, action or inaction occurring in connection with the
<br /> • Lease or the Guaranty prior to the date of this Agreement.
<br /> (b) Except as otherwise stated in this Agreement, the City hereby waives,
<br /> releases and relinquishes all rights it may have against Manning or
<br /> Guarantor and their respective officers, partners, employees, agents and
<br /> other representatives that arise out of any representation, action or
<br /> inaction occurring in connection with the Lease or the Guaranty prior
<br /> to the date of this Agreement. Notwithstanding anything in this
<br /> Agreement to the contrary, the City does not waive, release or
<br /> relinquish any rights it may have against Manning or Guarantor (i) in
<br /> the nature of contribution for or indemnification of claims which may
<br /> be asserted against the City by any third party, including without
<br /> limitation Bruce Johnson of Restaurant Brokers of Minnesota, Inc., by
<br /> reason of any representation, action or inaction of Manning, or (ii) for
<br /> breach of any of the terms, covenants or conditions contained in this
<br /> Agreement.
<br /> (c) All waivers, releases and relinquishments set forth herein are made on
<br /> behalf of the parties, their heirs, legatees, devisees, executors, trustees,
<br /> beneficiaries, assigns, officers, partners, directors, shareholders,
<br /> employees and agents, and include any and all manner of actions or
<br /> inactions, suits, claims, demands, judgments and levies of execution,
<br /> Is
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