Laserfiche WebLink
each person or entity comprising Crown Castle and each of their respective officers, directors, <br />shareholders, members, managers, partners, trustees, attorneys, employees, agents, beneficiaries, <br />nominees, affiliates, predecessors, successors and assigns, and each of them (collectively, the <br />"Crown Castle Released Parties"), from any and all claims, debts, liabilities, obligations, costs, <br />fees (including attorneys' or consultants' fees and costs), penalties, fines, judgments, damages, <br />rights, demands, liens, covenants, warranties, suits, actions, and/or causes of action of whatever <br />nature, known or unknown, fixed or contingent, which arise out of or relate to the Permit <br />Applications, Revised Permit Applications, WCFs, and/or the Action which may exist in favor of <br />City Releasors and against the Crown Castle Released Parties as of the date of this Agreement. <br />This release expressly includes claims with respect to the subject matter of the Action, of which <br />City Releasors are presently unaware or which City Releasors do not presently suspect to exist <br />which, if known by City Releasors, would materially affect City Releasors' release to the Crown <br />Castle Released Parties. City, and to the extent allowable by law, City Releasors, expressly waive <br />any of their rights granted under California Civil Code section 1542 (as well as any other statutes <br />or common law principles of similar effect pertaining the foregoing release), which provides as <br />follows: <br />"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS <br />WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT <br />TO EXIST IN HIS OR HER FAVOR AT THE TIME OF <br />EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM <br />OR HER MUST HAVE MATERIALLY AFFECTED HIS OR <br />HER SETTLEMENT WITH THE DEBTOR" <br />City represents and warrants to Crown Castle that City has executed this Agreement with <br />full knowledge of any and all rights which City or City Releasors may have by reason of any of <br />the matters described herein. City, on behalf of itself and, to the extent allowable by law, on behalf <br />of City Releasors, hereby further assumes the risk of mistake of fact in connection with the true <br />facts involved in connection with the matters described herein, and with respect to any facts which <br />are now unknown to City relating thereto. <br />17. Crown Castle's Release. Except for the obligations set forth herein, Crown Castle, <br />on behalf of Crown Castle and Crown Castle's respective officers, directors, shareholders, <br />members, managers, parent companies, subsidiary companies, partners, employees, agents, <br />attorneys, nominees, predecessors, successors and assigns ("Crown Castle Releasors"), and each <br />of them, shall and hereby do relieve, release, exonerate and forever discharge City and each of its <br />respective officers, agents, employees, representatives, successors and assigns, and each of them <br />(collectively, the "City Released Parties"), from any and all claims, debts, liabilities, obligations, <br />costs, fees (including attorneys' or consultants' fees and costs), penalties, fines, judgments, <br />damages, rights, demands, liens, covenants, warranties, suits, actions, and/or causes of action of <br />whatever nature, known or unknown, fixed or contingent, which arise out of or relate to the Permit <br />Applications, Revised Permit Applications, WCFs, and/or the Action which may exist in favor of <br />Crown Castle Releasors and against the City Released Parties as of the date of this Agreement. <br />This release expressly includes claims with respect to the subject matter of the Action of which <br />Crown Castle Releasors are presently unaware or which Crown Castle Releasors do not presently <br />suspect to exist which, if known by Crown Castle Releasors, would materially affect Crown Castle <br />Releasors' release to the City Released Parties. Crown Castle, and to the extent allowable by law, <br />1129494.11/LA <br />37751 M0007/12-19-1 SM./bsb -to- <br />