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6.1.E. - Page 17
<br /> groundless, fraudulent or false, which obfigatian arises at the #ime such claim is
<br /> fendered to COUNTY by CITY and cont�nues at alf tim�s thereaf�er. The
<br /> foregaing indemr�ity shall include, without fimitatior�, reasonabf� a#torneys',
<br /> exper�s' and cor�sultants' fees and costs, in�estigation and remediation casfs and
<br /> all other reasonable costs and expenses incurred by the indemnified parties,
<br /> ir�cluding, withaut limifation, damages for decrease irt the �alu� o# the Licens�
<br /> Area and claims for cfamages or decreases in the �alue of adjaning property.
<br /> COUNTY's o�ligations under this 5ectfon shall survive the expirafion or other
<br /> termination af this Agreement. CITY ar�cf CITY Indemnified Parties shall have no
<br /> liabi[ity to COUNTY ar any COUNTY Party as the result of cfamage or loss to
<br /> property or injury or death to any such person arising on the License Area or out
<br /> af the Acfi�ities conducted on the Licens� Area, except for damages to COUNTY
<br /> proper�y caused by the sole negligence ar willful misconduct of CITY.
<br /> B. T#�e par�ies inter�d that c�amages andlar costs and all ofher terms implying an
<br /> amount tied ta liability shall ir�ciude consequential damages.
<br /> C. The amount and type of insurance caverage requirements set forth ir� this
<br /> Agreement will in no way be cons#rued as limiting the scope af the indemnity in
<br /> this Secfiion.
<br /> 15. Waiver of Cfaims.
<br /> A. Neither CITY nor any af its commissions, depar�ments, boards, afficers,
<br /> agents or employees shall be liable fnr any damage to the proper�y of COUIVTY,
<br /> its cammissions, departments, baards, officers, agents, �mployees, confiractors
<br /> ar subcontractors, or their em�loyees, or for any bodily irtjury ar death to such
<br /> persons, resulting or arising from the condition ofi fihe Licens� Area or �ts us� by
<br /> COUNTY,
<br /> B. COUNTY acknawledges that this fic�nse granted under this Agreement is
<br /> freely revocabfe by CITY and in view of sucf� facf, COUNTY expressly assumes
<br /> the risk of making any expen�itures in connection wEth this Agreement, even it
<br /> such expenditures are substantial. Without limi#ing any inciemnification
<br /> obfigations of C�UNTY ar other waiv�rs contained in this Agreement and as a
<br /> material �art of tf�e consideration for this Agreem�nt, COUNTY fully R�LEASES,
<br /> WAIVES AND DISCHARGES forever, any and all clairns, cfemands, rights, ancE
<br /> causes of action agains�, for consequential and incidental damages (induding
<br /> withouf limitation, lost profts}, and co�enants not ta sue, CITY, its departments,
<br /> commissions, officers, directors and employees, and all persons acti�g by,
<br /> through ar under each �f them, under any present ar future laws, statutes, or
<br /> regufatians, including, but not limited ta, any claim for inv�rse condemnation or
<br /> the payment of just campensation under Eaw or equity, in the e�enfi #hat CITY
<br /> exercises i#s right to revoke or terminate this Agreement.
<br /> ATTYIAGR/2012.156/GQUNTY JAIL MAPLE STREET PARKING STRIP LICENSE AGREEMENT
<br /> REV:�9-24-12 VR
<br /> Page S of 17
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