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AgdaPkt 2013-03-11
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AgdaPkt 2013-03-11
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Last modified
3/12/2013 4:28:35 PM
Creation date
3/7/2013 4:37:19 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Regular
Agency Type
City Council
Date
3/11/2013
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6.1.A. - Page 9 <br /> the terms set forth herein and that, but for this release and waiver, City would not have <br /> licensed the Site to Licensee. It is hereby intended that the above release relates to <br /> both known and unknown claims that the Licensee may have, or claim to have, against <br /> City with respect to the subject matter contained in this Section or the events relating <br /> thereto. By releasing and forever discharging claims both known and unknown which <br /> are related to or which arise under or in connection with the items set out above, the <br /> Licensee expressly waives any rights under California Civil Code Section 1542, which <br /> provides: <br /> "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE <br /> CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER <br /> FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF <br /> KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS <br /> OR HER SETTLEMENT WITH THE DEBTOR." <br /> 22. Personal to Licensee. This Agreement and rights granted hereunder are <br /> personal to Licensee and may not be transferred in whole or part without the prior <br /> written consent of City, which City may withhold in its sole and absolute discretion. <br /> 23. Notice. Notices required hereby shall be deemed to have been fully given <br /> when served personally on Licensee or City or when deposited in the United States <br /> mail, postage prepaid, and addressed as follows: <br /> To City: City of Redwood City <br /> Attention: City Manager <br /> 1017 Middlefield Road <br /> Redwood City, CA 94063 <br /> To Licensee: Bay Area Air Quality Management District <br /> 939 Ellis Street <br /> San Francisco, CA 94109 <br /> Attn: Satnam Hundel, Business Manager <br /> 24. Entire Aqreement. This Agreement, including all Exhibits (which are hereby <br /> incorporated by reference), contains the entire agreement between the parties and <br /> supersedes whatever oral or written understanding they may have had prior to the <br /> execution of this Agreement. No waiver of any condition in or breach of, and no <br /> alteration, modification, or termination of this Agreement shall be valid unless made in <br /> writing and signed by the waiving party. <br /> 25. Duplicate Execution — This Agreement is executed in duplicate. Each signed <br /> copy shall have the force and effect of an original. <br /> 26. Miscellaneous. This Agreement shall be deemed to be jointly prepared the <br /> parties and any ambiguities or uncertainties herein shall be construed neither for nor <br /> ATTY/AGR/2013.024/BAAQMD REVOCABLE LICENSE AGREEMENT <br /> REV:02-25-13 MLG <br /> Page 7 of 9 <br />
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