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A general release does not extend to claims that the creditor or <br />releasing party does not know or suspect to exist in his or her favor <br />at the time of executing the release and that, if known by him or her, <br />would have materially affected his or her settlement with the <br />debtor or released party. <br />5. Indemnification. To the fullest extent provided by law, Owner, for itself, its assigns <br />and successors in interest, hereby holds harmless and indemnifies the City Parties from and against <br />any and all Claims arising from work within the Right -of -Way performed by City or its contractors, <br />except to the extent of City's gross negligence or willful misconduct. <br />6. Encroachment Permit in Full Force and Effect. Except for the exception provided <br />in Section 2 above, the Encroachment Permit remains in full force and effect. <br />7. Acknowledgment. Owner expressly agrees that it has read the entirety of this <br />Agreement and understands all of its terms and provisions. The contents and effects of this <br />Agreement have been explained to the Owner by counsel of its own choice, or Owner has had an <br />opportunity to seek counsel of his/her own choice, and this Agreement is executed voluntarily and <br />with full knowledge of its significance. <br />8. Runs with the Land. The covenants and agreements contained in this Agreement <br />shall run with the Property and be binding upon and inure to the successors to the Property. <br />9. Notification upon Conveyance or Transfer. Upon the conveyance or transfer of the <br />Property, Owner shall advise the purchaser or transferee of the existence of this Agreement. <br />10. Integration. This Agreement constitutes a single integrated written document <br />expressing the entire agreement of the Parties regarding this subject matter, and supersedes any <br />and all prior written and oral agreements between them. Any statement, promise, or commitment <br />about this subject matter which is not contained in this Agreement shall be void and invalid. <br />11. Governing Law. This Agreement shall be construed in accordance with, and be <br />governed by, the laws of the State of California, without reference to its choice of law provisions. <br />12. Joint and Several Liability . The obligations of each signatory to this Agreement <br />shall be joint and several. <br />REV: 04-07-2022 SK <br />[SIGNATURE PAGE FOLL0WSJ <br />ATTY/AGR.2022.065/South Main (Page 3 of 5) <br />