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A. Neither City nor any of its commissions, departments, boards, officers, agents or
<br /> employees shall be liable for any damage 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 federai and state relocation
<br /> assistance laws.
<br /> D. BIAC expressiy 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 (inciuding 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 /> ATTY/AGR/2012.005/BIAC USE AGREEMENT (APN 052398-00)
<br /> REV:01/17It2
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