|
6.1.A. - Page 11
<br /> employees, or for any bodily injury or death to such persons, resulting or arising from the
<br /> condition of the License Area or its use by COUNTY,
<br /> B. COUNTY acknowledges that this License is freely revocable by CITY and in view of
<br /> such fact, COUNTY expressly assumes the risk of making any expenditures in
<br /> connection with this License, even if such expenditures are substantial. Without limiting
<br /> any indemnification obligations of COUNTY or other waivers contained in this License
<br /> and as a material part of the consideration for this License, COUNTY fully RELEASES,
<br /> WAIVES AND DISCHARGES forever, any and all claims, demands, rights, and causes
<br /> of action against, for consequential and incidental damages (including without limitation,
<br /> lost profits), and covenants not to sue, CITY, its departments, commissions, officers,
<br /> directors and employees, and all persons acting by, through or under each of them,
<br /> under any present or future laws, statutes, or regulations, including, but not limited to,
<br /> any claim for inverse condemnation or the payment of just compensation under law or
<br /> equity, in the event that CITY exercises its right to revoke or terminate this License.
<br /> C. COUNTY 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 COUNTY fully
<br /> RELEASES, WAIVES AND DISCHARGES forever any and all claims, demands, rights,
<br /> and causes of action against, and covenants not to sue, CITY, its departments,
<br /> commissions, officers, directors and employees, and all persons acting by, through or
<br /> under each of them, under any present or future laws, statutes, or regulations, including,
<br /> without limitation, any and all claims for relocation benefits or assistance from CITY
<br /> under federal and state relocation assistance laws.
<br /> D. COUNTY expressly acknowledges and agrees that the fees payable hereunder do
<br /> not 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 COUNTY's uses hereunder. CITY would not be willing to give this License in the
<br /> absence of a waiver of liability for consequential or incidental damages due to the acts or
<br /> omissions of CITY or its Agents, and COUNTY expressly assumes the risk with respect
<br /> thereto. Accordingly, without limiting any indemnification obligations of COUNTY or other
<br /> waivers contained in this License and as a material part of the consideration for this
<br /> License, COUNTY 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
<br /> all persons acting by, through or under each of them, arising out of this License or the
<br /> uses authorized hereunder, including, without limitation, any interference with uses
<br /> conducted by COUNTY pursuant to this License, regardless of the cause, and whether
<br /> or not due to the negligence of CITY or its Agents.
<br /> E. As part of COUNTY's agreement to accept the License Area in its As Is condition as
<br /> provided below, and without limiting such agreement, COUNTY 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 /> any way be connected with the physical or environmental condition of the License Area
<br /> and any related improvements or any law or regulation applicable thereto or the
<br /> suitability of the License Area for COUNTY's intended use.
<br /> ATTY/AGR/2012.008/COUNTY JAIL CEMEX SITE LICENSE AGREEMENT
<br /> REV:02/01 /12
<br /> Page 8 of 16
<br />
|