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NOTARIZED STATEMENT/RELEASE:
<br />Owner and City understand and expressly agree that this Hold Harmless Agreement
<br />extends to all claims of every nature and kind whatsoever, known or unknown, suspected or
<br />unsuspected, past or present, and all rights under Section 1542 of the California Civil Code are
<br />hereby expressly waived. Section 1542 reads as follows:
<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
<br />OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE
<br />M I Y AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR,
<br />Init'als
<br />GENERAL PROVISIONS:
<br />A. None of the terms, provisions, or conditions of this Agreement shall be deemed to
<br />create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor
<br />shall such terms, provisions or conditions cause them to be considered joint ventures or members
<br />of any joint enterprise.
<br />E. Owner agrees to and shall indemnify and hold the City and its elected and
<br />appointed officials, officers, agents, and employees harmless from liability for damage or claims
<br />for damage for personal injuries, including death, and claims for property damage which may
<br />arise from the direct or indirect use or operations of the Owner or those of its contractor(s),
<br />subcontractor, agent, employee, or other person acting on its behalf which relates to the use,
<br />operation, and maintenance of the Property. The Owner hereby agrees to and shall defend the
<br />City and its elected and appointed officials, officers, agents, and employees with respect to any
<br />and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's
<br />activities in connection with the Property.
<br />C. This hold harmless provision applies to all damages and claims for damages
<br />suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the
<br />operations referred to in this Agreement regardless of whether or not the City prepared, supplied,,
<br />or approved the plans, specifications or other documents for the Property,
<br />D. All of the Agreements, rights, covenants, reservations, and restrictions contained
<br />in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their
<br />heirs, successors, legal representatives, assigns, and ail persons acquiring any part or portion of
<br />the Property, whether by operation of law on in any manner whatsoever.
<br />E. In the event legal proceedings are brought by any party or parties to enforce or
<br />restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to
<br />determine the rights and duties of any party hereunder, the prevailing party in such proceeding
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