RecDoc 2022-044665 CONF - Laserfiche WebLink

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Code of the State of California with respect to this waiver and release. Section 1542 reads as follows: A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party. 5. Indemnification. To the fullest extent provided by law, Owner, for itself, its assigns and successors in interest, hereby holds harmless and indemnifies the City Parties from and against any and all Claims arising from work within the Right -of -Way performed by City or its contractors, except to the extent of City's gross negligence or willful misconduct. 6. Encroachment Permit in Full Force and Effect. Except for the exception provided in Section 2 above, the Encroachment Permit remains in full force and effect. 7. Acknowledgment. Owner expressly agrees that it has read the entirety of this Agreement and understands all of its terms and provisions. The contents and effects of this Agreement have been explained to the Owner by counsel of its own choice, or Owner has had an opportunity to seek counsel of his/her own choice, and this Agreement is executed voluntarily and with full knowledge of its significance. 8. Runs with the Land. The covenants and agreements contained in this Agreement shall run with the Property and be binding upon and inure to the successors to the Property. 9. Notification Ligon Conveyance or Transfer. Upon the conveyance or transfer of the Property, Owner shall advise the purchaser or transferee of the existence of this Agreement. 10. Integration. This Agreement constitutes a single integrated written document expressing the entire agreement of the Parties regarding this subject matter, and supersedes any and all prior written and oral agreements between them. Any statement, promise, or commitment about this subject matter which is not contained in this Agreement shall be void and invalid. 11. Governing Law. This Agreement shall be construed in accordance with, and be governed by, the laws of the State of California, without reference to its choice of law provisions. 12. Joint and Several Liability. The Property Owner and each of them shall be jointly and severally liable for all of the Owner's obligations under this Agreement. REV: 04-07-2022 SK [Signature Page Follows] ATTY/AGR.2022.068/South Main (Page 3 of 5)