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6.1.F. -Page 11
<br />A. Neither City nor any of its commissions, departments, boards, officers, agents or
<br />employees shall be liable for any daimage to the property of BIAC, its officers, agents,
<br />employees, contractors or subcontractors, or their employees, or for any bodily injury or
<br />death to such persons, resulting or arising from the condition of the Property or its use
<br />by BIAC,
<br />B. BIAC acknowledges that this License is freely revocable by City and in view of such
<br />fact; BIAC expressly assumes the risk of making any expenditures in connection with
<br />this License, even if such expenditures are substantial. Without limiting any
<br />indemnification obligations of BIAC or other waivers contained in this License and as a
<br />material part of the consideration for this License, BIAC fully RELEASES, WAIVES AND
<br />DISCHARGES forever, any and all claims, demands, rights, and causes of action
<br />against, for consequential and incidental damages (including without limitation, lost
<br />profits), and covenants not to sue, City, its departments, commissions, officers, directors
<br />and employees, and all persons acting by, through or under each of them, under any
<br />present or future laws, statutes, or regulations, including, but not limited to, any claim for
<br />inverse condemnation or the payment of just compensation under law or equity, in the
<br />event that City exercises its right to revoke or terminate this License.
<br />C. BIAC acknowledges that it will not be a displaced person at the time this License is
<br />terminated or revoked or expires by its own terms, and BIAC fully RELEASES, WAIVES
<br />AND DISCHARGES forever any and all claims, demands, rights, and causes of action
<br />against, and covenants not to sue, City, its departments, commissions, officers, directors
<br />and employees, and all persons acting by, through or under each of them, under any
<br />present or future laws, statutes, or regulations, including, without limitation, any and all
<br />claims for relocation benefits or assistance from City under federal and state relocation
<br />assistance laws.
<br />D. BIAC expressly acknowledges and agrees that the fees payable hereunder do not
<br />take into account any potential liability of City for any consequential or incidental
<br />damages including, but not limited to, lost profits arising out of disruption to the facilities
<br />or BIAC's uses hereunder. City would not be willing to give this License in the absence
<br />of a waiver of liability for consequential or incidental damages due to the acts or
<br />omissions of City or its Agents, and BIAC expressly assumes the risk with respect
<br />thereto. Accordingly, without limiting any indemnification obligations of BIAC or other
<br />waivers contained in this License and as a material part of the consideration for this
<br />License, BIAC fully RELEASES, WAIVES AND DISCHARGES forever any and all
<br />claims, demands, rights, and causes of action against for consequential and incidental
<br />damages (including without limitation, lost profits), and covenants not to sue for such
<br />damages, City, its departments, commissions, officers, directors and employees, and all
<br />persons acting by, through or under each of them, arising out of this License or the uses
<br />authorized hereunder, including, without limitation, any interference with uses conducted
<br />by BIAC pursuant to this License, regardless of the cause, and whether or not due to the
<br />negligence of City or its Agents.
<br />E. As part of BIAC's agreement to accept the Property in its "As Is" condition as
<br />provided below, and without limiting such agreement, BIAC on behalf of itself and its
<br />successors and assigns, waives its right to recover from, and forever releases and
<br />discharges, City and its Agents, and their respective heirs, successors, administrators,
<br />personal representatives and assigns, from any and all Claims, whether direct or
<br />indirect, known or unknown, foreseen and unforeseen, that may arise on account of or in
<br />ATTYIAGR(2012.005 /BIAC USE AGREEMENT (APN 052- 398 -00)
<br />REV:01f17 112
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