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them, under any present or future laws, statutes, or regulations, including, but not limited to,
<br />any claim for inverse condemnation or the payment of just compensation under law or
<br />equity, in the event that CITY exercises its right to revoke or terminate this Permit.
<br />C. LICENSEE acknowledges that it will not be a displaced person at the time this
<br />Agreement is terminated or revoked or expires by its own terms, and LICENSEE fully
<br />RELEASES, WAIVES AND DISCHARGES forever any and all claims, demands, rights,
<br />and causes of action against, and covenants not to sue, CITY, its departments, commissions,
<br />officers, directors and employees, and all persons acting by, through or under each of
<br />them, under any present or future laws, statutes, or regulations relating to displaced persons,
<br />including, without limitation, any and all claims for relocation benefits or assistance from
<br />CITY under federal and state relocation assistance laws.
<br />D. LICENSEE expressly acknowledges and agrees that the fees payable hereunder do
<br />not take into account any potential liability of CITY for any consequential or incidental
<br />damages including, but not limited to, lost profits arising out of disruption to the facilities
<br />or LICENSEE's uses hereunder. CITY would not be willing to give this Agreement in the
<br />absence of a waiver of liability for consequential or incidental damages due to the acts or
<br />omissions of CITY or its Agents, and LICENSEE expressly assumes the risk with respect
<br />thereto. Accordingly, without limiting any indemnification obligations of LICENSEE or
<br />other waivers contained in this Agreement and as a material part of the consideration for
<br />this Permit, LICENSEE fully RELEASES, WAIVES AND DISCHARGES forever any
<br />and all claims, demands, rights, and causes of action against for consequential and incidental
<br />damages (including without limitation, lost profits), and covenants not to sue for such
<br />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 Agreement or the uses
<br />authorized hereunder, including. without limitation, any interference with uses conducted
<br />by LICENSEE pursuant to this Permit, regardless of the cause, and whether or not due to
<br />the negligence of CITY or its Agents, except for the gross negligence and willful misconduct
<br />of CITY or its Agent.
<br />E. As part of LICENSEE's agreement to accept the City Property in its "As Is"
<br />condition as provided below, and without limiting such agreement, LICENSEE on behalf of
<br />itself and its successors and assigns, waives its right to recover from, and forever releases
<br />and discharges, CITY and its Agents, and their respective heirs, successors, administrators,
<br />personal representatives and assigns, from any and all Claims, whether direct or indirect,
<br />known or unknown, foreseen and unforeseen, that may arise on account of or in any way
<br />be connected with the physical or environmental condition of the City Property and any
<br />related improvements or any law or regulation applicable thereto or the suitability of the
<br />City Property for LICENSEE's intended use.
<br />F. In connection with the foregoing releases, LICENSEE acknowledges that it is
<br />familiar with Section 1542 of the California Civil Code, which reads:
<br />A general release does not extend to claims which the creditor does not
<br />know or suspect to exist in his or her favor at the time of executing the
<br />Page 8 of 17
<br />REV: 05-01-17 JS
<br />ATTY/AGR/2017.074/BLU HARBOR LICENSE AGREEMENT
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