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resulting from the acts or omissions of City or its departments, commissions, officers, directors,
<br />and employees, and by all persons acting by, through, or under each of them, and Licensee
<br />expressly assumes the risk with respect thereto. Accordingly, without limiting any indemnification
<br />obligations of Licensee or other waivers contained in this License and as a material part of the
<br />consideration for this License, Licensee fully RELEASES, WAIVES, AND DISCHARGES
<br />forever all claims, demands, rights, and causes of action against for consequential and incidental
<br />damages (including lost profits) and covenants not to sue for damages City, its departments,
<br />commissions, officers, directors, and employees, and all persons acting by, through, or under each
<br />of them, arising out of this License or the uses authorized under this License, including any
<br />interference with uses conducted by Licensee pursuant to this License, regardless of the cause, and
<br />whether or not due to the negligence of City or its departments, commissions, officers, directors,
<br />and employees, and all persons acting by, through, or under each of them, except for the gross
<br />negligence and willful misconduct of City or its departments, commissions, officers, directors, and
<br />employees, and all persons acting by, through, or under each of them.
<br />(e) As part of Licensee's agreement to accept the License Area in its "As Is" condition
<br />as provided below, and without limiting its agreement, Licensee, on behalf of itself and its
<br />successors and assigns, waives its right to recover from, and forever releases and discharges, City
<br />and its officers, agents, and employees, and their respective heirs, successors, administrators,
<br />personal representatives, and assigns, from all Claims, whether direct or indirect, known or
<br />unknown, foreseen and/or unforeseen, that may arise on account of or in any way be connected
<br />with the physical or environmental condition of the License Area and any related improvements
<br />or any applicable Laws or the suitability of the License Area for Licensee's intended use.
<br />(f) In connection with the foregoing releases, Licensee acknowledges that it is familiar
<br />with Section 1542 of the California Civil Code, which reads:
<br />A general release does not extend to claims that the creditor or releasing
<br />party does not know or suspect to exist in his or her favor at the time of
<br />executing the release and that, if known by him or her, would have
<br />materially affected his or her settlement with the debtor or released party.
<br />Licensee acknowledges that the releases contained in this License include all known and
<br />unknown, disclosed and undisclosed, and anticipated and unanticipated claims. Licensee realizes
<br />and acknowledges that it has agreed upon this License in light of this realization and, being fully
<br />aware of this situation, it nevertheless intends to waive the benefit of California Civil Code
<br />Section 1542, or any statute or other similar law now or later in effect. The releases contained in
<br />this License will survive any termination of this License.
<br />21. As Is Condition of License Area-, Disability Access, Disclaimer of Representations.
<br />Licensee accepts the License Area in its "AS IS" condition, without representation or warranty of
<br />any kind by City, its departments, commissions, officers, directors, and employees, and all persons
<br />acting by, through, or under each of them, and subject to all applicable Laws governing the use of
<br />the License Area. Without limiting the foregoing, this License is made subject to all existing and
<br />future covenants, conditions, restrictions, easements, encumbrances, and other title matters
<br />affecting the License Area, whether foreseen or unforeseen, and whether these matters are of
<br />record or would be disclosed by an accurate inspection or survey.
<br />17 Rev. March 2025
<br />ATTY/AGR.2025.182/8an Francisco Public Utilities Commission (Revocable License) (REV: 07-22-25 VR) (Page 17 of 34)
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