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EFFECT AND APPLICATION OF LAWS: Waiver of Rights

Mary, a property owner, signed an agreement with John, a developer, giving him the exclusive right to develop her property into a commercial complex. The agreement stated that Mary waived her right to claim any damages or compensation for any changes or developments made by John.

However, after the development of the commercial complex, Mary realized that the structures built by John contravene the local zoning laws and regulations. Mary now wants to file a claim for damages against John for the violations.

Based on the given scenario and the principles of the Civil Code of the Philippines, discuss the following:

Can Mary still pursue her claim for damages against John despite agreeing to waive her rights in the signed agreement?
What legal principles apply in determining the enforceability of a waiver of rights?
What remedies are available to Mary in this situation?

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