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C. COUNTY acknowledges that it will not be a displaced person at the time this
<br /> Agreement is terminated or revoked or expires by its own terms, and COUNTY
<br /> fully RELEASES, WAIVES AND DISCHARGES forever any and all claims,
<br /> demands, rights, and causes of action against, and covenants not to sue, CITY,
<br /> its departments, commissions, officers, directors and employees, and all persons
<br /> acting by, through or under each of them, under any present or future laws,
<br /> statutes, or regulations, including, without limitation, any and all claims for
<br /> relocation benefits or assistance from CITY under federal and state relocation
<br /> assistance laws.
<br /> D. COUNTY expressly acknowledges and agrees that the fees payable
<br /> hereunder do not take into account any potential liability of CITY for any
<br /> consequential or incidental damages including, but not limited to, lost profits
<br /> arising out of disruption to the facilities or COUNTY's uses hereunder. CITY
<br /> would not be willing to grant this license in the absence of a waiver of liability for
<br /> consequential or incidental damages due to the acts or omissions of CITY or its
<br /> Agents, and COUNTY expressly assumes the risk with respect thereto.
<br /> Accordingly, without limiting any indemnification obligations of COUNTY or other
<br /> waivers contained in this Agreement and as a material part of the consideration
<br /> for this Agreement, COUNTY fully RELEASES, WAIVES AND DISCHARGES
<br /> forever any and all claims, demands, rights, and causes of action against for
<br /> consequential and incidental damages (including without limitation, lost profits),
<br /> and covenants not to sue for such damages, CITY, its departments,
<br /> commissions, officers, directors and employees, and all persons acting by,
<br /> through or under each of them, arising out of this Agreement or the uses
<br /> authorized hereunder, including, without limitation, any interference with uses
<br /> conducted by COUNTY pursuant to this Agreement, regardless of the cause, and
<br /> whether 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"
<br /> condition as provided below, and without limiting such agreement, COUNTY on
<br /> behalf of itself and its successors and assigns, waives its right to recover from,
<br /> and forever releases and discharges, CITY and its Agents, and their respective
<br /> heirs, successors, administrators, personal representatives and assigns, from
<br /> any and all Claims, whether direct or indirect, known or unknown, foreseen and
<br /> unforeseen, that may arise on account of or in any way be connected with the
<br /> physical or environmental condition of the License Area and any related
<br /> improvements or any law or regulation applicable thereto or the suitability of the
<br /> License Area for COUNTY's intended use.
<br /> F. In connection with the foregoing releases, COUNTY acknowledges that it is
<br /> familiar with Section 1542 of the California Civil Code, which reads:
<br /> A general release does not extend to claims which the creditor
<br /> does not know or suspect to exist in his or her favor at the time of
<br /> executing the release, which if known by him or her must have
<br /> materially affected his or her settlement with the debtor.
<br /> ATTY/AGR/2012.156/COUNTY JAIL MAPLE STREET PARKING STRIP LICENSE AGREEMENT
<br /> REV:09-24-12 VR
<br /> Page 9 of 17
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