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EXHIBIT 10.11
RELEASE
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Except for the Existing Lender's Title Representation (as defined in
the Assignment) and its obligations under the fifth paragraph of the Assignment
to execute and/or deliver certain documents and instruments and to take other
action in connection with the Assignment, the undersigned acknowledges and
agrees that the Existing Lender shall have no further liability or obligation to
the Buyer under, or in connection with, the Loan Documents, and Buyer hereby
releases and forever discharges the Existing Lender, and the Existing Lender's
successors, assigns, agents, shareholders, directors, officers, employees,
agents, attorneys, parent corporations, subsidiary corporations, affiliated
corporations, affiliates, participants and each of them, from any and all
claims, debts, liabilities, demands, obligations, costs, expenses, actions and
causes of action, of every nature and description, known and unknown, which
Buyer now has or at any time may hold, by reason of any matter, cause or thing
occurred, done, omitted or suffered to be done prior to the date of this
Agreement relating in any manner to the Loan Document Obligations (including,
without limitation, the Loans), the Assigned Rights, the Loan Documents or
Borrowers. Buyer waives the benefits of California Civil Code Section 1542 which
provides: "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."
Buyer:
Xxxxx, Xxxxxx, Xxxxxxxx & Xxxxx VII, L.P.
By: WCAS VII Partners, L.P.,
its General Partner
By /s/ Xxxxxxx X. Xxxxxx
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Title General Partner
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