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A general release does not extend to claims which the creditor does <br />not know or suspect to exist in his favor at the time of executing <br />the release, which if known by him must have materially affected <br />his settlements with the debtor. <br />5. Indemnification. To the fullest extent provided by law, Owner, for itself, its <br />assigns and successors in interest, hereby holds harmless and indemnifies the City Parties from <br />and against any and all Claims arising from work within the Right -of -Way performed by City or <br />its contractors, except to the extent of City's gross negligence or willful misconduct. <br />6. Encroachment Permit in Full Force and Effect. Except for the exception provided <br />in Section 2 above, the Encroachment Permit remains in full force and effect. <br />7. Acknowledgment. Owner expressly agrees that it has read the entirety of the <br />Agreement and understands all of its terms and provisions. The contents and effects of the <br />Agreement have been explained to the Owner by counsel of its own choice, or Owner has had an <br />opportunity to seek counsel of his/her own choice, and the Agreement is executed voluntarily <br />and with full knowledge of its significance. <br />8. Runs with the Land. The covenants and agreements contained in this Agreement <br />shall run with the Property and be binding upon and inure to the successors to the Property. <br />9. Notification upon Conveyance or Transfer. Upon the conveyance or transfer of <br />the Property, Owner shall advise the purchaser or transferee of the existence of this Agreement. <br />10. Integration. This Agreement constitutes a single integrated written document <br />expressing the entire agreement of the Parties regarding this subject matter, and supersedes any <br />and all prior written and oral agreements between them. Any statement, promise, or <br />commitment about this subject matter which is not contained in this Agreement shall be void and <br />invalid. <br />11. Governing Law. This Agreement shall be construed in accordance with, and be <br />governed by, the laws of the State of California, without reference to its choice of law <br />provisions. <br />[SIGNATURE PAGE FOLLO WSJ <br />REV: 03-12-18 PR <br />Page 3 of 5 <br />ATTY/AGR.2018.049/Kaiser MOB2 Hold Harmless <br />