|
<br />6.1E
<br />Page 4
<br />
<br />agents, employees, and contractors release and discharge the City, its City Council,
<br />officers, agents, employees and volunteers from any and all claims, demands, losses,
<br />expenses, damages, liabilities, actions, and causes of action of any nature that in any
<br />manner may arise from or relate to the construction and restoration of the
<br />Improvements located on the Sonic property near the Project.
<br />
<br />8. In consideration of the above terms, Sonic hereby agrees to defend,
<br />indemnify and save harmless City, its Council, officers, boards, commissions, agents
<br />and employees from any and all claims, suits or actions of every name, kind and
<br />description which may be brought against City, its Council, officers, boards,
<br />commissions, agents, or employees by reason of any injury to or death of any person or
<br />damage suffered or sustained by any person or corporation, caused by, or alleged to
<br />have been caused by, any act or omission to act, negligent or otherwise, of Sonic, its
<br />officers, agents or employees in the performance of any work required of Sonic by this
<br />Agreement.
<br />
<br />9. This release extends to and includes all claims, liabilities, injuries,
<br />damages, and causes of action that Sonic does not presently anticipate, know, or
<br />suspect to exist, but that may develop, accrue, or be discovered in the future.
<br />
<br />10. Sonic waives and releases all rights under California Civil Code section
<br />1542 as follows:
<br />
<br />A general release does not extend to claims which the creditor does not
<br />know or suspect to exist in his favor at the time of executing the release,
<br />which if known by him must have materially affected his settlement with
<br />debtor.
<br />
<br />11. Each of the Parties represents and warrants that he, she or it has been
<br />fully advised by an attorney with respect to his, her or its rights and/or obligations
<br />created by the execution of this Release.
<br />
<br />12. If any provision or any part of any provision of this Agreement is for any
<br />reason held to be invalid, unenforceable or contrary to any public policy, law, statute
<br />and/or ordinance, then the remainder of this Release shall not be affected and shall
<br />remain valid and fully enforceable.
<br />
<br />13. This Agreement is executed in San Mateo County, California, and is
<br />governed by the laws of the State of California, and any questions arising hereunder
<br />shall be construed or determined according to such laws. Venue for any action brought
<br />pursuant to this Agreement shall be San Mateo County.
<br />
<br />14. Sonic and City agree to execute any additional documentation that may be
<br />reasonably necessary to effectuate this Agreement.
<br />
<br />Atty/Agr/Settlment Agreement/Sonic Automotive
<br />112806
<br />
<br />2
<br />
|