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(d) Licensee expressly acknowledges and agrees that the fees payable pursuant to this
<br /> License do not take into account any potential liability of City for any consequential or incidental
<br /> damages including, but not limited to, lost profits and arising out of disruption to the Facilities or
<br /> Licensee's uses of the License Area permitted by this License. City would not be willing to give this
<br /> License in the absence of a waiver of liability for consequential or incidental damages due to the acts or
<br /> omissions of City or its departments, commissions, officers, directors, and employees, and by all persons
<br /> acting by, through, or under each of them, and Licensee expressly assumes the risk with respect thereto.
<br /> Accordingly, without limiting any indemnification obligations of Licensee or other waivers contained in
<br /> this License and as a material part of the consideration for this License, Licensee fully RELEASES,
<br /> WAIVES, AND DISCHARGES forever any and all claims, demands, rights, and causes of action against
<br /> for consequential and incidental damages (including, without limitation, lost profits) and covenants not to
<br /> sue for such damages, City, its departments, commissions, officers, directors, and employees, and all
<br /> persons acting by, through, or under each of them, arising out of this License or the uses authorized under
<br /> this License, including, without limitation, any interference with uses conducted by Licensee pursuant to
<br /> this License, regardless of the cause, and whether or not due to the negligence of City or its departments,
<br /> commissions, officers, directors, and employees, and all persons acting by, through, or under each of
<br /> them, except for the gross negligence and willful misconduct of City or its departments, commissions,
<br /> officers, directors, and employees, and all persons acting by, through, or under each of them.
<br /> (e) As part of Licensee' s agreement to accept the License Area in its "As Is" condition as
<br /> provided below, and without limiting such agreement, Licensee, on behalf of itself and its successors and
<br /> assigns, waives its right to recover from, and forever releases and discharges, City and its officers, agents,
<br /> and employees, and their respective heirs, successors, administrators, personal representatives, and
<br /> assigns, from any and all Claims, whether direct or indirect, known or unknown, foreseen and/or
<br /> unforeseen, that may arise on account of or in any way be connected with the physical or environmental
<br /> condition of the License Area and any related improvements or any applicable Laws or the suitability of
<br /> the License Area for Licensee's intended use.
<br /> (f) In connection with the foregoing releases, Licensee acknowledges that it is familiar with
<br /> Section 1542 of the California Civil Code, which reads:
<br /> A general release does not extend to claims which the creditor does not know or
<br /> suspect to exist in his or her favor at the time of executing the release, which if
<br /> known by him or her must have materially affected his or her settlement with the
<br /> debtor.
<br /> Licensee acknowledges that the releases contained herein include all known and unknown, disclosed and
<br /> undisclosed, and anticipated and unanticipated claims. Licensee realizes and acknowledges that it has
<br /> agreed upon this License in light of this realization and, being fully aware of this situation, it nevertheless
<br /> intends to waive the benefit of California Civil Code Section 1542, or any statute or other similar law now
<br /> or later in effect. The releases contained herein shall survive any termination of this License.
<br /> 21. As Is Condition of License Area; Disability Access; Disclaimer of Representations. Licensee
<br /> accepts the License Area in its "AS IS" condition, without representation or warranty of any kind by City,
<br /> its departments, commissions, officers, directors, and employees, and all persons acting by, through, or
<br /> under each of them, and subject to all applicable Laws governing the use of the License Area. Without
<br /> limiting the foregoing, this License is made subject to any and all existing and future covenants,
<br /> conditions, restrictions, easements, encumbrances, and other title matters affecting the License Area,
<br /> whether foreseen or unforeseen, and whether such matters are of record or would be disclosed by an
<br /> accurate inspection or survey.
<br /> Under California Civil Code Section 1938, to the extent applicable to this License, Licensee is hereby
<br /> advised that the License Area has not undergone inspection by a Certified Access Specialist ("CASp") to
<br /> determine whether it meets all applicable construction-related accessibility requirements.
<br /> ATTWAGR2016 209 1•SAN FRANCISCO PUBLIC UTILITIES COMMISSION-REAL ESTATE SERVICES 13 Rev May 2016
<br /> REV 09.13.16VA J
<br /> \\MKT1PS011D4ta\RES\Analyst FolderUaminUtedwood Ci0P-1334\P4334 • ttewcable License - Redtsond City Linden Park St. (MA re\isions 6.14.16+ ttSR inserts 6.20.I6).docx
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