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6.1.A. - Page 12
<br /> F. In connection with the foregoing releases, COUNTY acknowledges that it is familiar
<br /> with 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. COUNTY acknowledges that the releases contained herein include all known and
<br /> unknown, disclosed and undisclosed, and anticipated and unanticipated claims.
<br /> COUNTY realizes and acknowledges that it has agreed upon this License in light of this
<br /> realization and, being fully aware of this situation, it nevertheless intends to waive the
<br /> benefit of Civil Code Section 1542, or any statute or other similar law now or later in
<br /> effect. The releases contained herein shall survive any termination of this License.
<br /> 16. As Is Condition of License Area; Disclaimer of Representations. COUNTY accepts
<br /> the License Area in its AS IS condition, without representation or warranty of any kind by CITY,
<br /> its officers, agents or employees, and subject to all applicable laws, rules and ordinances
<br /> governing the use of the License Area. �thout limiting the foregoing, this License is made
<br /> subject to any and all existing and future covenants, conditions, restrictions, easements,
<br /> encumbrances and other title matters affecting the License Area, whether foreseen or
<br /> unforeseen, and whether such matters are of record or would be disclosed by an accurate
<br /> inspection or survey.
<br /> 17. No Assiqnment. This Use Agreement and License is personal to COUNTY and shall
<br /> not be assigned, conveyed or otherwise transferred by COUNTY under any circumstances. Any
<br /> attempt to 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. COUNTY will provide notice to CITY prior to terminating its activities
<br /> in the License Area.
<br /> 19. No Joint Ventures or Partnership; No Authorization. This License does not create a
<br /> partnership or joint venture between CITY and COUNTY as to any activity conducted by
<br /> COUNTY on, in or relating to the License Area. COUNTY is not a state actor with respect to any
<br /> activity conducted by COUNTY on, in, under or around the License Area. The giving of this
<br /> License by CITY does not constitute authorization or approval by CITY of any activity conducted
<br /> by COUNTY on, in, around or relating to the License Area.
<br /> 20. Covenant Not to Discriminate. In the performance of this its activities pursuant to this
<br /> License, COUNTY agrees not to discriminate against any employee, any CITY employee
<br /> working with COUNTY, or applicant for employment with COUNTY, or against any person
<br /> seeking accommodations, advantages, facilities, privileges, services, or membership in all
<br /> business, social, or other establishments or organizations, on the basis of the fact or perception
<br /> of a 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 /> 21. Liens. COUNTY shall not permit any liens of any type, including but not limited
<br /> to mechanic's or material men's liens, stop notices or other liens (collectively, "Liens") to be
<br /> ATTY/AGR/2012.008/COUNTY JAIL CEMEX SITE LICENSE AGREEMENT
<br /> REV:02/01 /12
<br /> Page 9 of 16
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