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any way be connected with the physicat or environmental condition of the Property and
<br /> any related improvements or any law or regulation applicable thereto or the suitability of
<br /> the Property for BIAC's intended use.
<br /> F. In connection with the foregoing releases, BIAC acknowledges that it is familiar with
<br /> Section 1542 of the California Civil Code, which reads:
<br /> A general release does not extend to claims which the creditor does not know or
<br /> suspect to exist in his or her favor at the time of executing the release, which if
<br /> known by him or her must have materially affected his or her settlement with the
<br /> debtor.
<br /> G. BIAC acknowledges that the releases contained herein include all known and
<br /> unknown, disclosed and undisclosed, and anticipated and unanticipated claims. BIAC
<br /> realizes and acknowledges that it has agreed upon this License in light of this realization
<br /> and, being fully aware of this situation, it nevertheless intends to waive the benefit of
<br /> Civil Code Section 1542, or any statute or other similar law now or later in effect. The
<br /> releases contained herein shall survive any termination of this License.
<br /> 76. As Is Condition of Prooertv: Disclaimer of Representations. BIAC accepts the
<br /> Property in its "AS IS" condition, without representation or warranty of any kind by City, its
<br /> officers, agents or employees, and subject to all applicable laws, rules and ordinances
<br /> governing the use of the Property. Without limiting the foregoing, this License is made subject to
<br /> any and all existing and future covenants, conditions, restrictions, easements, encumbrances
<br /> and other title matters affecting the Property, whether foreseen or unforeseen, and whether
<br /> such matters are of record or would be disclosed by an accurate inspection or survey.
<br /> 17. No Assianment. This Use Agreement and License is personal to BIAC and shall not be
<br /> assigned, conveyed or otherwise transferred by BIAC under any circumstances. Any attempt to
<br /> assign, convey or otherwise transfer this License shall be null and void and cause the
<br /> immediate termination and revocation of this License.
<br /> 18. Cessation of Use. BIAC will not terminate its activities on the Property pursuant hereto
<br /> without prior written notice to City.
<br /> 19. No Joint Ventures or Partnershio: No Authorization. This License does not create a
<br /> partnership or joint venture between City and BIAC as to any activity conducted by BIAC on, in
<br /> or relating to the Property. BIAC is not a state actor with respect to any activity conducted by
<br /> BIAC on, in, under or around the Property. The giving of this License by City does not constitute
<br /> authorization or approval by City of any activity conducted by BIAC on, in, around or relating to
<br /> the Property.
<br /> 20. Covenant Not to Discriminate. In the performance of this its activities pursuant to this
<br /> License, BIAC agrees not to discriminate against any empioyee, any City employee working
<br /> with BIAC, or applicant for employment with BIAC, or against any person seeking
<br /> accommodations, advantages, facilities, privileges, services, or membership in all business,
<br /> social, or other establishments or organizations, on the basis of the fact or perception of a
<br /> person's perceived race, religious creed, color, national origin, ancestry, physical disability,
<br /> mental disability, medical condition (cancer-related or genetic characteristics), marital or
<br /> domestic partner status, gender and/or gender identity, age (40 or over), or sexual orientation
<br /> (including heterosexuality, homosexuality, and bisexuality).
<br /> ATTY/AGR/2012.005/BIAC USE AGREEMENT (APN 052398-00)
<br /> REV:O7/17/12
<br /> Page 9 of 31
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