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consideration for this License, Licensee fully RELEASES, WAIVES AND DISCHARGES
<br />forever any and all claims, demands, rights, and causes of action against, and covenants not to
<br />sue, City, its departments, commissions, officers, directors and employees, and all persons acting
<br />by, through or under each of them, under any present or future laws, statutes, or regulations,
<br />including, but not limited to, any claim for inverse condemnation or the payment of just
<br />compensation under law or equity, in the event that City exercises its right to revoke or terminate
<br />this License.
<br />(c) Licensee acknowledges that it will not be a displaced person at the time this
<br />License is terminated or revoked or expires by its own terms, and Licensee fully RELEASES,
<br />WAIVES AND DISCHARGES forever any and all claims, demands, rights, and causes of action
<br />against, and covenants not to sue, City, its departments, commissions, officers, directors and
<br />employees, and all persons acting by, through or under each of them, under any present or future
<br />laws, statutes, or regulations, including, without limitation, any and all claims for relocation
<br />benefits or assistance from 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 damages
<br />including, but not limited to, lost profits and arising out of disruption to the facilities or
<br />Licensee's uses hereunder. City would not be willing to give this License in the absence of a
<br />waiver of liability for consequential or incidental damages due to the acts or omissions of City or
<br />its departments, commissions, officers, directors and employees, and by all persons acting by,
<br />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
<br />contained in this License and as a material part of the consideration for this License, Licensee
<br />fully RELEASES, WAIVES AND DISCHARGES forever any and all claims, demands, rights,
<br />and causes of action against for consequential and incidental damages (including without
<br />limitation, lost profits and covenants not to sue for such damages, City, its departments,
<br />commissions, officers, directors and employees, and all persons acting by, through or under each
<br />of them, arising out of this License or the uses authorized hereunder, including, without
<br />limitation, any interference with uses conducted by Licensee pursuant to this License, regardless
<br />of the cause, and whether or not due to the negligence of City or its departments, commissions,
<br />officers, directors and employees, and all persons acting by, through or under each of them,
<br />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"
<br />condition as provided below, and without limiting such agreement, Licensee on behalf of itself
<br />and its successors and assigns, waives its right to recover from, and forever releases and
<br />discharges, City and its officers, agents and employees, and their respective heirs, successors,
<br />administrators, personal representatives and assigns, from any and all Claims, whether direct or
<br />indirect, known or unknown, foreseen and/or unforeseen, that may arise on account of or in any
<br />way be connected with the physical or environmental condition of the License Area and any
<br />related improvements or any law or regulation applicable thereto or the suitability of the License
<br />Area 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 />14 Rev May 2015
<br />Page 14 of 45
<br />ATTY/AGR/2017.001/SAN FRANCISCO PUBLIC UTILITY COMMISSION/CARSON PERMIT
<br />REV: 01-06-17 VR
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