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REV: 10-28-2021 SK <br />claims, or causes of action, in law or equity, of whatever kind or nature, whether <br />known or unknown, whether now existing or hereinafter arising, which arise from <br />or relate in any manner to the sale of any Municipal Facility pursuant to this MLA, <br />the full or partial termination of Licensee's right to use any Municipal Facility as <br />permitted under this MLA, or the relocation of Licensee's Equipment or the <br />relocation of any person or persons, business or businesses, or other occupant or <br />occupants located on any Municipal Facility pursuant to this MLA, including, <br />without limitation, the specific waiver and release of any right to any relocation <br />benefits, assistance and/or payments under Government Code Sections 7260 et seq. <br />(“Relocation Assistance Law”), notwithstanding that such relocation assistance, <br />benefits and/or payments may be otherwise required under the Relocation <br />Assistance Law or other state or federal law, and compensation for any interest in <br />Licensee's business operations or any Municipal Facility including, but not limited <br />to: improvements; license or leasehold bonus value; fixtures, furniture, or <br />equipment; loss of business goodwill; severance damage; attorneys’ fees or any <br />other compensation of any nature whatsoever. Licensee acknowledges and agrees <br />that the release and waiver set forth in this paragraph is material consideration for <br />City's licensing of any Municipal Facility to Licensee on the terms set forth herein <br />and that, but for this release and waiver, City would not have licensed such <br />Municipal Facility to Licensee. It is hereby intended that the above release relates <br />to both known and unknown claims that the Licensee may have, or claim to have, <br />against City with respect to the subject matter contained in this Section 5.4. By <br />releasing and forever discharging claims both known and unknown which are <br />related to or which arise under or in connection with the items set out above in this <br />Section 5.3, Licensee expressly waives any rights under California Civil Code <br />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 />ATTY/AGR.2021.274/New CIngular Wireless/AT8 (Page 8 of 27)