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4.17 Assignment; Successors and Assigns. This Agreement cannot be assigned by Licensee without the prior \Hitten consent of Licensor. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the Parties' respective representatives, successors and assigns. 4.18 No Admission of Fact, Fault, or Liability. Neither Licensor's granting of the License to Licensee and Consultant, nor Licensee's request for the License, shall for any purpose be considered an admission of liability or responsibility concerning any Hazardous Materials and no past or present \Hongdoing on the part of Licensor or Licensee shall be implied by the request for or the granting of this License. By entering into this Agreement, neither Licensor nor Licensee admits to any fact, fault or liability under any theory of law, statute or regulation. 4.19 Execution of this Agreement. Each of the undersigned represents and warrants that it is authorized to execute this Agreement on behalf of the respective Parties to this Agreement and that this Agreement, when executed by those Parties, shall become a valid and binding obligation enforceable in accordance with its terms. 4.20 benefit. No Third Party Beneficiaries. Nothing herein is intended to create any third party IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date first above \Hitten. LICENSOR: LICENSEE: By: l~ .1J ,,_.~ Its Assistant Secretary J- cf."¿t.:> QC") ::TY °W~ Its City Manager ' ~ Attest:%X). '", f' ~ ~ .) ~ Its City Clerk SAFEW A Y INc. a Del~oration By: 711 ~ . Its Assistant Vice President Date: 5 ! ('2( OJ Date: \/~~!a~ Fonn Approved ~ 5400 SEQ. ST A EX 2 PDA FACILITY No. 5400 PAGES MAY 12,2003 RED\\'OOD CITY, CA