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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 />tinder 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.
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