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release, which if known by him or her must have materially affected his or
<br />her settlement with the debtor.
<br />LICENSEE acknowledges that the releases contained herein includes all known and
<br />unknown, disclosed and undisclosed, and anticipated and unanticipated claims.
<br />LICENSEE realizes and acknowledges that it has agreed upon this Agreement in light
<br />of this realization and, being fully aware of this situation, it nevertheless intends to waive
<br />the benefit of Civil Code Section 1542, or any statute or other similar law now or later in
<br />effect. The releases contained herein shall survive any termination of this Agreement.
<br />14. As Is Condition of Citv Pronertv: Disclaimer of Representations.. LICENSEE accepts the
<br />City Property in its "AS IS" condition, without representation or warranty of any kind by CITY,
<br />its officers, agents or employees, and subject to all applicable laws, rules and ordinances governing
<br />the use of the City Property. Without limiting the foregoing, this License is made subject to any
<br />and all existing and future covenants, conditions, restrictions, easements. encumbrances and other
<br />title matters affecting the City Property, whether foreseen or unforeseen, and whether such matters
<br />are of record or would be disclosed by an accurate inspection or survey.
<br />15. Assienment and Transfer. This Agreement and License is personal to LICENSEE and may
<br />only be assigned, conveyed or otherwise transferred (collectively, "Transfer") by LICENSEE in
<br />accordance with the terms of this section. LICENSEE shall be permitted to Transfer this
<br />Agreement without CITY's prior consent the homeowners' association for the Blu Harbor
<br />project (the "Permitted Transfer");provided that, as to the Permitted Transfer: (1) the
<br />Transfer is subject to the terms of this Agreement and the Transferee assumes all
<br />obligations of LICENSEE under this Agreement; and (2) not Tess than ten (10) days prior
<br />to the effective date of any Transfer, LICENSEE delivers to CITY notice of such Transfer
<br />together with evidence reasonably satisfactory to CITY that the Transfer qualifies as a
<br />"Permitted Transfer". Except for the Permitted Transfer specified herein, any other
<br />Transfer shall require the prior written consent of the CITY which shall not be
<br />unreasonably withheld. Any attempt to transfer this License, other than a Permitted Transfer,
<br />without prior written consent of CITY shall be null and void and LICENSEE shall remain liable for
<br />the obligations under this Agreement, or, at City's election, cause the immediate termination and
<br />revocation of this License.
<br />16. Covenant Not to Discriminate. In the performance of its activities pursuant to this
<br />License, LICENSEE agrees not to discriminate against any employee, any CITY employee
<br />working with LICENSEE, or applicant for employment with LICENSEE, or against any person
<br />seeking accommodations, advantages, facilities, privileges, services. or membership in all
<br />business, social, or other establishments or organizations, on the basis of the fact or perception
<br />of a person's perceived race, religious creed, color, national origin, ancestry, physical disability,
<br />trental disability, medical condition (cancer -related or genetic characteristics), marital or domestic
<br />partner status, gender and/or gender identity, age (40 or over), or sexual orientation (including
<br />heterosexuality, homosexuality, and bisexuality).
<br />17. Liens. LICENSEE shall not permit any liens of any type, including but not limited to
<br />mechanic's or material men's liens, stop notices or other liens (collectively, "Liens") to be filed
<br />against the City Property by reason of any action or inaction by LICENSEE. If any Liens of any
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<br />ATTY/AGR/2017.074/BLU HARBOR LICENSE AGREEMENT
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