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Agreement No. •
<br /> be liable for any damage to the property of Licensee, its officers, agents, employees, contractors
<br /> or subcontractors, or their employees, or for any bodily injury or death to such persons, resulting
<br /> or arising from the condition of the Property or its use by Licensee.
<br /> (b) Licensee acknowledges that this License is freely revocable by Railroad and
<br /> in view of such fact, Licensee expressly assumes the risk of making any expenditure in
<br /> connection with this License, even if such expenditures are substantial. Without limiting any
<br /> indemnification obligations of Licensee or other waivers contained in this License and as a
<br /> material part of the consideration for this License, Licensee fully RELEASES, WAIVES AND
<br /> DISCHARGES forever any and all claims, demands, rights, and causes of action against, and
<br /> covenants not to sue, Indemnitees (as defined in Section 12 below) under any present or future
<br /> laws, statutes, or regulations, for inverse condemnation or the payment of just compensation
<br /> under law or equity, in the event that Railroad exercises its right to revoke or terminate this
<br /> License.
<br /> (c) Licensee acknowledges that it will not be a displaced person at the time this
<br /> License is terminated or revoked or expires by its own terms, and Licensee fully RELEASES,
<br /> WAIVES AND DISCHARGES forever any and all claims, demands, rights, and causes of action
<br /> against, and covenants not to sue, Indemnitees under any present or future laws, statutes, or
<br /> regulations, for relocation benefits or assistance from Railroad under federal and state relocation
<br /> assistance laws.
<br /> (d) Licensee expressly acknowledges and agrees that the fees payable hereunder
<br /> do not take into account any potential liability of Railroad for any consequential or incidental
<br /> damages including,but not limited to, lost profits and arising out of disruption to the facilities or
<br /> Licensee's uses hereunder. Railroad would not be willing to give this License in the absence of a
<br /> waiver of liability for consequential or incidental damages due to the acts or omissions of
<br /> Railroad or its Agents, and Licensee expressly assumes the risk with respect thereto.
<br /> Accordingly, without limiting any indemnification obligations of Licensee or other waivers '
<br /> contained in this License and as a material part of the consideration for this License, Licensee
<br /> fully RELEASES, WAIVES AND DISCHARGES forever any and all claims, demands, rights,
<br /> and causes of action against for consequential and incidental damages (including without
<br /> limitation, lost profits and covenants not to sue Indemnitees for such damages arising out of this
<br /> License or the uses authorized hereunder, including, without limitation, any interference with
<br /> uses conducted by Licensee pursuant to this License, regardless of the cause, except for the gross
<br /> negligence and willful misconduct of Railroad.
<br /> (e) As part of Licensee's agreement to accept the License Area in its existing
<br /> condition, and without limiting such agreement, Licensee on behalf of itself and its successors
<br /> and assigns, waives its right to recover from, and forever releases and discharges, Railroad, the
<br /> Indemnitees, and their respective heirs, successors, administrators,personal representatives and
<br /> assigns, from any and all claims,whether direct or indirect, known or unknown, foreseen and
<br /> unforeseen, that may arise on account of or in any way be connected with the physical or �
<br /> environmental condition of the Property and any related improvements or any law or regulation
<br /> applicable thereto or the suitability of the License Area for Licensee's intended use.
<br /> (fl In connection with the foregoing releases, Licensee acknowledges that it is
<br /> SamTrans/JPB Standard License Form,Rev.7/03 4
<br /> ]025181.7 I
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