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without limitation, reasonable attomeys', experts' and consultants' fees and costs, investigation
<br /> and remediation costs and all other reasonable costs and expenses incurred by the indemnified
<br /> parties, including, without limitation, damages for decrease in the value of the City Property and
<br /> claims for damages or decreases in the value of adjoining property. COUNTY"s obligations
<br /> under this Section shall survive the expiration or other termination of this License Agreement.
<br /> CITY and CITY Indemnified Parties shall have no liability to COUNTY or any COUNTY Party as
<br /> the result of damage or loss to property or injury or death to any such person arising on the
<br /> License Area or out of the Activities conducted on the License Area, except for damages to
<br /> COUNTY property caused by the sole negligence or willful misconduct of CITY.
<br /> A. The parties intend that damages and/or costs and all other terms implying an
<br /> amount tied to liability shall include consequential damages.
<br /> B. The amount and type of insurance coverage requirements set forth herein will in no
<br /> way be construed as limiting the scope of the indemnity in this Section.
<br /> 15. Waiver of Claims
<br /> 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 COUNTY, its commissions,
<br /> departments, boards, officers, agents, employees, contractors or subcontractors, or their
<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, o�cers, 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 /> ATTV/AGR/2012.008/COUNTY JAIL CEMEX SITE LICENSE AGREEMENT
<br /> REV:03-12-12 VR
<br /> Page 8 of 17
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