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"A general release does not extend to <br />claims which the creditor does not know <br />or suspect to exist in his flavor at the <br />time of executing the release, which if <br />known by him must have materially <br />affected his settlement with the debtor." <br />GRAND TERRACE, in that connection, acknowledges <br />that it may have sustained damages, loss, Cost or expenses <br />that are presently unknown or unsuspected, and that such <br />damages, loss, cost or expenses as may have been sustained <br />may give rise to additional damages, loss, cost or expense <br />in the future. Nevertheless, GRAND TERRACE acknowledges <br />that this Agreement and Release has been negotiated and <br />agreed upon in light of that situation, and hereby expressly <br />waives any and all rights which it has under California <br />Civil Code Section 1542 or under any other state or federal <br />statute or common law principal of similar effect. <br />8. The Agreeing Parties each agree that, in the <br />event of any breach of this Agreement and Release, the party <br />aggrieved shall be entitled to recover from the party who <br />breaches, in addition to any other relief provided by law, <br />such costs and expenses as may be incurred by said party, <br />including court costs, attorneys' fees, and other costs and <br />expenses, taxable or otherwise, reasonably necessary in <br />preparing the defense of, defending against, or seeking or <br />obtaining an abatement of, or an injunction against, such <br />action or proceeding, or in enforcing this Agreement and <br />Release, or any provision thereof, and in prosecuting any <br />counterclaim or cross-complaint based thereon. <br />-6- <br />