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4. Waiver and Release. Lessee hereby acknowledges that it has had the opportunity to speak with or have been advised by an attorney and is familiar with the provisions of California Civil Code section 1542, which provides as follows: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." Lessee acknowledges that it may have sustained damage, loss, costs or expenses which are presently unknown and unsuspected, and such damage, loss, costs or expenses which may have been sustained, may give rise to additional damage, loss, costs or expenses in the future. Nevertheless, Lessee hereby acknowledges that this Agreement has been negotiated and agreed upon in light of that situation, and hereby expressly waives any and all rights which they may have under California Civil Code Section 1542, or under any statute or common law or equitable principal of similar effect. This waiver shall not supersede any of the provisions of this Agreement or the rights of the parties hereto to enforce this Agreement in law or equity. 5. Lessee and Lessor acknowledge and agree that Lessee's Security Deposit in the amount of Two Thousand Four Hundred Seventy Four and 00/100 dollars ($2,474.00), as a result of Lessee's early termination of the Lease, is hereby forfeited and Lessee has no claim to said money. 6. As consideration for Lessee immediately vacating the Premises, Lessor hereby agrees to forgive all outstanding monies due under the Lease through March 31, 2010. However, notwithstanding the above, Lessee shall still be responsible for any possessory interest taxes through March 31, 2010. 7. Except for the matters specifically set forth in this Agreement, Lessee hereby releases Lessor from all claims, rights and causes of action which it has or may have now or in the future in regard to the Lease, the Premises or the Property. Except for the matters specifically set forth in this Agreement, Lessor hereby releases Lessee and Guarantor from all claims, rights and causes of action which it has or may have now or in the future in regard to the Lease, the Premises or the Property. 8. The provisions of this Agreement shall bind and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto. Lessee warrants to Lessor that it has not heretofore assigned, mortgaged or otherwise transferred, amended or encumbered, voluntarily or involuntarily, the Lease or its interest therein. 3