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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. Highwood 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, Highwood shall remove from the Leased
<br /> Premises all furniture, inventory and other personal property owned by Highwood,
<br /> except for any such items that are being sold to Ernie Swanson ("Swanson"), and any
<br /> damage caused to the Leased Premises by Highwood in connection with the
<br /> removal of such items shall be repaired promptly by Highwood, at Highwood's
<br /> expense. All personal property of Highwood left in or about the Leased Premises
<br /> upon the termination of the Lease, except for any such property that has been sold to
<br /> Swanson, shall thereupon become the property of the City, to be disposed of by the
<br /> City as it deems expedient.
<br /> 4. Release.
<br /> (a) Highwood 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 Highwood 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 Highwood 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 by reason of any
<br /> representation, action or inaction of Highwood, or (ii) for breach of any
<br /> of the terms, covenants or conditions contained in this 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 /> whether direct, indirect or derivative, liquidated or unliquidated, fixed
<br /> • or contingent, known or unknown.
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