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6.1.E. - Page 18
<br /> C. COUNTY acknowledges that it will not be a displaced person at the fime fhis
<br /> Agreement is terminated or retroked or expires by its own terms, and COUNTY
<br /> fuEly REL.EASES, WAIVES AND DISCHARGES fore�er any ar�d all claims,
<br /> demands, rights, and caus�s ofi action aga�nst, ancf covenants not to sue, CITY,
<br /> ifs departmenfis, commissions, aftic�rs, direcfors and employees, and all persans
<br /> acting by, through or ur�der each af therrE, under any present or future iaws,
<br /> statutes, or regulatio�s, incfuding, without lirnitafion, any and a!! claims for
<br /> relacation benefits or assistance from CITY und�r #ederal ar�d sfiate relocation
<br /> assistance laws.
<br /> D. COUNTY expr�ssly acknowiedges and agrees that the fees payable
<br /> hereunder do not ta€ce inta account any patential liability of CITY �or any
<br /> co�sequential or incidentaf damages including, but not limited to, last profits
<br /> arising out of disruption to the facifities ar COUNTY's uses hereunder. CITY
<br /> would not be wifl�ng fio grant this �icense in fhe absence of a wai�er of liabifity for
<br /> consequential ar incidental damages due to fhe acts or omissians of CfTY ar its
<br /> Agen#s, and COIJNTY expressly assumes the risk with respect thereto.
<br /> Accordingly, without limifir�g any int�emnification obligations of C�UNTY or other
<br /> waivers contained in this Agreement and as a material part of the consideration
<br /> for fhis Agreement, C�UNTY fully RELEASES, WAIV�S AND DISCHARGES
<br /> fore�er any and all claims, demands, r�ghts, and causes of actian against for
<br /> consequentia! and ir�cidental damages (incl�ding withouf limitation, lost profits),
<br /> and covena�#s na# ta sue for such darnages, CITY, its depar��nents,
<br /> comrriissions, officers, directors and em�loyees, and af! persons acting by,
<br /> ti�rough or under each of them, arising aut of this Agreem�nf or the uses
<br /> authorized hereunder, including, without fimitation, any interference with uses
<br /> canducted by COUNTY pursuant to this Agreement, regardiess a�the cause, and
<br /> whether or not due to the negfigence of ClTY or ifs Agents.
<br /> E. As part afi COUNTY's agreement to accept the License Area in its "As Is"
<br /> condition as pro�ided belaw, and wifhout firr�iting such agreement, COUNTY on
<br /> behalf of itself and its successors and assigns, wai��s its right to recover from,
<br /> and forever releases ar�d discharges, CITY and its Agents, and their respective
<br /> heirs, successors, administratars, perso�al representafiives and assigns, from
<br /> any and all Claims, wh�ther direct or indirect, known or unknow�, foreseen and
<br /> unfioreseen, that may arise on accour�t of or in any way be connected with th�
<br /> physicaf or en�ironmental cor�di�ion af the License Area and any related
<br /> improvements or any faw or regulation applicabfe thereto or the suitabili#y af th�
<br /> License Area for C�UNTY's intended use.
<br /> F. In connection with the fioregoing releases, COUNTY aeknowledges that it is
<br /> familiar w�th Sectior� 1542 of tf�e California Ci�il Cod�, which reads:
<br /> A genera( release does not �xtend ta claims which the creditor
<br /> does not knaw or suspect to exist i� his or her favor at the fime af
<br /> executing the release, wi�ich if known by him or her must have
<br /> materially affected his or her s�ttlement with the debtor.
<br /> A77YlAGR12012.156ICQUNTY JAIL MAPLE STREET PARKING STRIP LICENSE AGREEMENT
<br /> REV:09-24-12 VR
<br /> Page 9 af l 7
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