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DESIGNATED AS A SPECIAL FLOOD HAZARD AREA, DAM FAILURE
<br />INUNDATION AREA, EARTHQUAKE FAULT ZONE, SEISMIC HAZARD ZONE,
<br />HIGH FIRE SEVERITY AREA OR WILDLAND FIRE AREA, BY ANY FEDERAL,
<br />STATE OR LOCAL AGENCY.
<br />(1) Survival. The terms and conditions of this Section 3.6 shall
<br />expressly survive the Close of Escrow, shall not merge with the provisions of the Grant Deed, or
<br />any other closing documents and shall be deemed to be incorporated by reference into the Grant
<br />Deed. The Donor is not liable or bound in any manner by any oral or written statements,
<br />representations or information pertaining to the Affordable Site furnished by any contractor, agent,
<br />employee, servant, or other person. The Qualified Designee acknowledges that the Affordable Site
<br />Land Donation reflects the "as is" nature of this transfer and any faults, liabilities, defects, or other
<br />adverse matters that may be associated with the Affordable Site. The Qualified Designee has fully
<br />reviewed the disclaimers and waivers set forth in this Agreement with the Qualified Designee's
<br />counsel and understands the significance and effect thereof.
<br />(2) Acknowledgment. The Qualified Designee acknowledges and
<br />agrees that (i) to the extent required to be operative, the disclaimers of warranties contained in this
<br />Section 3.6 are "conspicuous" disclaimers for purposes of all applicable laws and other legal
<br />requirements, and (ii) the disclaimers and other agreements set forth in such sections are an integral
<br />part of this Agreement, that the Land Donation of the Affordable Site has been adjusted to reflect
<br />the same and that the Donor would not have agreed to donate the Affordable Site to the Qualified
<br />Designee without the disclaimers and other agreements set forth in this Section 3.6.
<br />(3) Qualified Designee's Release of the Donor. The Qualified Designee,
<br />on behalf of itself and anyone claiming by, through or under the Qualified Designee hereby waives
<br />its right to recover from and fully and irrevocably releases the City and their council members,
<br />board members, employees, officers, directors, representatives, and agents (the "released parties")
<br />from any and all claims, responsibility and/or liability that the Qualified Designee may have or
<br />hereafter acquire against any of the Released Parties for any costs, loss, liability, damage,
<br />expenses, demand, action or cause of action arising from or related to (i) the condition (including
<br />any construction defects, errors, omissions or other conditions, latent or otherwise), valuation,
<br />salability or utility of the Affordable Site, or its suitability for any purpose whatsoever; (ii) any
<br />presence of Hazardous Materials; and, (iii) any information furnished by the Released Parties
<br />under or in connection with this Agreement.
<br />(4) Scope of Release. The release set forth in this Section 3.6 includes
<br />claims of which the Qualified Designee is presently unaware or which the Qualified Designee does
<br />not presently suspect to exist which, if known by the Qualified Designee, would materially affect
<br />the Qualified Designee `s release of the Released Parties. The Qualified Designee specifically
<br />waives the provision of any statute or principle of law that provides otherwise. In this connection
<br />and to the extent permitted by law, the Qualified Designee agrees, represents and warrants that the
<br />Qualified Designee realizes and acknowledges that factual matters now unknown to the Qualified
<br />Designee may have given or may hereafter give rise to causes of action, claims, demands, debts,
<br />controversies, damages, costs, losses and expenses which are presently unknown, unanticipated
<br />and unsuspected, and the Qualified Designee further agrees, represents and warrants that the
<br />waivers and releases herein have been negotiated and agreed upon in light of that realization and
<br />AM/AGR/2024.193.1—AFFORDABLE HOUSING LAND DONATION AGREEMENT
<br />REV: 10-22-24 VR
<br />Page 13 of 35
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