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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
<br /> as provided below, and without limiting such agreement, COUNTY on behalf of itself and
<br /> its 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 /> 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
<br /> know or suspect to exist in his or her favor at the time of executing the
<br /> release, which if known by him or her must have materially affected his or
<br /> her settlement with the debtor.
<br /> G. COUNTY acknowledges that the releases contained herein include all known and
<br /> unknown, disctosed and undisclosed, arrd 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 Re�resentations. COUNTY accepts
<br /> the License Area in its "AS IS" condition, without representation or warranty of any kind by
<br /> CITY, its officers, agents or employees, and subject to all applicable laws, rules and ordinances
<br /> governing the use of the License Area. Without 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 rewrd or would be disclosed by an accurate
<br /> inspection or survey.
<br /> 77. No Assianment. This Use Agreement and License is personal to COUNTY and shall
<br /> not be assigned, conveyed or otherwise transferred by COUNTY under any circumsta�ces. 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 /> ATTY/AGR/2012.008/COUNTV JAIL CEMEX SITE LICENSE AGREEMENT
<br /> REV:03-12•12 VR
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