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groundless, fraudulent or false, which obligation arises at the time such claim is
<br /> tendered to COUNTY by CITY and continues at all times thereafter. The
<br /> foregoing indemnity shall include, without limitation, reasonable attorneys',
<br /> experts' and consultants' fees and costs, investigation and remediation costs and
<br /> all other reasonable costs and expenses incurred by the indemnified parties,
<br /> including, without limitation, damages for decrease in the value of the License
<br /> Area and claims for damages or decreases in the value of adjoining property.
<br /> COUNTY's obligations under this Section shall survive the expiration or other
<br /> termination of this Agreement. CITY and CITY Indemnified Parties shall have no
<br /> liability to COUNTY or any COUNTY Party as the result of damage or loss to
<br /> property or injury or death to any such person arising on the License Area or out
<br /> of the Activities conducted on the License Area, except for damages to COUNTY
<br /> property caused by the sole negligence or willful misconduct of CITY.
<br /> B. The parties intend that damages and/or costs and all other terms implying an
<br /> amount tied to liability shall include consequential damages.
<br /> C. The amount and type of insurance coverage requirements set forth in this
<br /> Agreement will in no way be construed as limiting the scope of the indemnity in
<br /> this Section.
<br /> 15. Waiver of Claims.
<br /> A. Neither CITY nor any of its commissions, departments, boards, officers,
<br /> agents or employees shall be liable for any damage to the property of COUNTY,
<br /> its commissions, departments, boards, officers, agents, employees, contractors
<br /> or subcontractors, or their employees, or for any bodily injury or death to such
<br /> persons, resulting or arising from the condition of the License Area or its use by
<br /> COUNTY,
<br /> B. COUNTY acknowledges that this license granted under this Agreement is
<br /> freely revocable by CITY and in view of such fact, COUNTY expressly assumes
<br /> the risk of making any expenditures in connection with this Agreement, even if
<br /> such expenditures are substantial. Without limiting any indemnification
<br /> obligations of COUNTY or other waivers contained in this Agreement and as a
<br /> material part of the consideration for this Agreement, COUNTY fully RELEASES,
<br /> WAIVES AND DISCHARGES forever, any and all claims, demands, rights, and
<br /> causes of action against, for consequential and incidental damages (including
<br /> without limitation, lost profits), and covenants not to sue, CITY, its departments,
<br /> commissions, officers, directors and employees, and all persons acting by,
<br /> through or under each of them, under any present or future laws, statutes, or
<br /> regulations, including, but not limited to, any claim for inverse condemnation or
<br /> the payment of just compensation under law or equity, in the event that CITY
<br /> exercises its right to revoke or terminate this Agreement.
<br /> ATTY/AGR/2012.156/COUNTY JAIL MAPLE STREET PARKING STRIP LICENSE AGREEMENT
<br /> REV:09-24-12 VR
<br /> Page 8 of 17
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