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6.C. - Page 12 of 28 <br />persons, business or businesses, or other occupant or occupants located on any <br />Municipal Facility, including, without limitation, the specific waiver and release of <br />any right to any relocation benefits, assistance and/or payments under Government <br />Code Sections 7260 et seq. ("Relocation Assistance Law"), notwithstanding that <br />such relocation assistance, benefits and/or payments may be otherwise required <br />under the Relocation Assistance Law or other state or federal law, and <br />compensation for any interest in Licensee's business operations or any Municipal <br />Facility including, but not limited to: improvements; license or leasehold bonus <br />value; fixtures, furniture, or equipment; loss of business goodwill; severance <br />damage; attorneys' fees or any other compensation of any nature whatsoever. <br />Licensee acknowledges and agrees that the release and waiver set forth in this <br />paragraph is material consideration for City's licensing of any Municipal Facility <br />to Licensee on the terms set forth herein and that, but for this release and waiver, <br />City would not have licensed such Municipal Facility to Licensee. It is hereby <br />intended that the above release relates to both known and unknown claims that the <br />Licensee may have, or claim to have, against City with respect to the subject matter <br />contained in this Section 5.4. By releasing and forever discharging claims both <br />known and unknown which are related to or which arise under or in connection <br />with the items set out above in this Section 5.3, Licensee expressly waives any <br />rights under California Civil Code Section 1542, which provides: <br />"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS <br />THAT THE CREDITOR OR RELEASING PARTY DOES NOT <br />KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT <br />THE TIME OF EXECUTING THE RELEASE AND THAT, IF <br />KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY <br />AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR <br />OR RELEASED PARTY." <br />5.5. Licensee acknowledges that City may require Licensee to relocate <br />one or more of its Equipment installations. Licensee will at City's direction relocate <br />that Equipment, at Licensee's sole cost and expense, whenever City reasonably <br />determines that the relocation is needed for any of the following purposes: (a) if <br />required for the construction, completion, repair, relocation, or maintenance of a <br />City project; (b) because the Equipment is interfering with or adversely affecting <br />proper operation of Municipal Facilities; or (c) to protect or preserve the public <br />health or safety. Within ninety (90) days after receipt of notice from the City, <br />Licensee shall, at Licensee's cost and expense, relocate the Equipment, or in the <br />alternative, Licensee may terminate the respective SLA upon notice to City. If <br />Licensee fails to relocate any Equipment as requested by the City in ninety (90) <br />days under the circumstances described above, City is entitled to relocate the <br />Equipment at Licensee's sole cost and expense, upon at least ten (10) business days' <br />written notice to Licensee. To the extent, City has actual knowledge thereof; the <br />City will endeavor promptly to inform Licensee of the displacement or removal of <br />any Municipal Facility on which any Equipment is located. Licensee's obligations <br />to reimburse the City for relocation of Equipment under this section shall survive <br />the expiration or termination of this MLA. <br />REV: 12-15-2020 PR <br />ATTY/AGR.2020.296/Master License Agreement (Page 8 of 24) <br />105 <br />