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5. Release by the City. Subject to the exceptions set forth in Paragraph 7
<br />below, the City for itself and its respective Council Members, officials, directors, officers,
<br />employees, members, managers, partners, affiliates, subsidiaries, parent entities, agents,
<br />attorneys, representatives, successors, and assigns hereby releases SPC, United and
<br />their respective directors, officers, employees, partners, affiliates, subsidiaries, parent
<br />entities, agents, attorneys, successors, and assigns from any and all liabilities, demands,
<br />losses, expenses, causes of action, damages, attorneys' fees and costs, penalties, and
<br />interest (whether known or unknown, existing or not yet existing, accrued or unaccrued,
<br />legal or equitable, actual or potential) that relate to or arise from the Disputed Matters,
<br />which include any liquidated damages City asserts it is owed in connection with the
<br />Project.
<br />6. Release by United. Subject to the exceptions set forth in Paragraph 7
<br />below, United for itself and its respective directors, officers, employees, members,
<br />managers, partners, affiliates, subsidiaries, parent entities, agents, attorneys,
<br />representatives, successors, and assigns hereby releases the City and its respective
<br />Council Members, officials, directors, officers, employees, partners, affiliates,
<br />subsidiaries, parent entities, agents, attorneys, successors, and assigns from any and all
<br />liabilities, demands, losses, expenses, causes of action, damages, attorneys' fees and
<br />costs, penalties, and interest (whether known or unknown, existing or not yet existing,
<br />accrued or unaccrued, legal or equitable, actual or potential) that relate to or arise from
<br />the Disputed Matters.
<br />7. Exceptions to Release. Notwithstanding any provisions of this
<br />Agreement, including without limitation the releases set forth in Paragraphs 4 and 6, the
<br />following are not released, waived, or impaired.
<br />a. Any obligations owed under this Agreement.
<br />b. Claims, rights, and obligations not within the scope of the releases
<br />set forth above, including, but not limited to, claims involving the City,
<br />SPC, and/or United with respect to other subcontractors who are not
<br />Parties to this Agreement, in relation to the Project or the City's Rule
<br />20 Middlefield Underground Utility District Project located at or near
<br />1017 Middlefield Road, Redwood City, CA, 94063.
<br />C. Claims, rights, and obligations related to insurance requirements,
<br />indemnity with regard to third party claims, warranty work, and/or
<br />latent deficiencies regarding the work on the Project performed by or
<br />on behalf of SPC or its subcontractors or suppliers, which are not
<br />known or suspected to exist as of the Effective Date, as defined in
<br />Paragraph 9, below, and any equitable or contractual provisions
<br />reasonably related to such latent deficiencies. For the purpose of this
<br />Agreement, latent deficiencies shall have the same meaning as in
<br />Code of Civil Procedure Section 337.15.
<br />ATTY/AG R/SETTLE ME NTS/MARS HALL SETTLEMENT AGREEMENT
<br />REV: 02-11-2021 MI
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