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12/12/2001 09:56 7147541660 PAGE 03
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<br />exemising jurisdiction over the City, Developer or the Property, inctudiM all appliMble federal
<br />Sato and looal occupajon, aat'ety eW health. IM, roles, teoutims sxrd standards, sMlicehle atetc
<br />and l0ber mazdards, prevailing Wgge till hvments, tl s City zonjuS attd developm at 9tmukrft,
<br />City permit and approvals, building, plumbing, raochanieal and Otcc trical codes, as they apply to the
<br />off -site, improv m erAm. and all otha pmvisiorw of the City and itr Municipal Cade and all
<br />applicable dimblod and bm&cap access requi m u, includigg, without limitation, the Anwicans
<br />with Disability At1t, 42 U.S,C. §12101 er seq., Governnlr nt Cc & §4450 er req. and the, Unrob Civil
<br />Rights Act, Civil Code §51 et seq.
<br />Developer agrees to and shall hold City, its of icarcs, agents, OMplaytsas,
<br />Davelopen, dpeaial "ungtl, and mrentatives hWmlea[1 frattl.4WhY: (1) for damges, just
<br />compensation, restitution, ju,disial or equitable relief oiling out of claims for personal inj► m
<br />ittvluding health, isnd claims for property dMago, which may arise ftem the direct er inditect
<br />opemtiatts of Developer or their cantr4ctors. subc0aiuotm, gMta, amployaes, or outer persons
<br />acting an their bebop' which rotates to this AQtxr.MM; aid (2) tom any claim that damSes, Just
<br />compensation, rcttltution, J adioiia or equitable relief is due by reason of tht terms of or eittticts
<br />arising from this Agtocment. Developer apses to pay 4 costs for the defense of the City and It"
<br />officers, agents, empinycos. AcvOlopers, special cauusal, axed n7misenwivea regarding any action
<br />for damages, Just compens4ticm, restitution, judioial or equititblo relief caused of alloSed to have
<br />been cu=4 by reason of DeveloM's actiou in cowmcdon with the Project, Any claims misting
<br />out of this Agre meat, or any approval o; Md&Ation by the City ralaiing to the Project, This
<br />hold Mess agreement applies to all cluitne for damages, just compensation, restltution,
<br />judiclel or equitable relied' suffered, or alleged to have been sufitm(4 by reason of tho events
<br />refwrod to in this Agrmwent or due by rraeot of thou terms of, of effect%, arising from this
<br />Agroermt or aay known or unknown HF rdous Mortals dlsposed of or relceeed on or uodcr
<br />the pmperty. DeveloM Author agrees to irrdeitrrtify, hold harmless, and pay all costs fbr the
<br />defense of rho City, including fees W costa for spacial counsel to be solseted by the City,
<br />regarding spy action by a third parly relating w this Agraert cv or ramediation of Hazardous
<br />Materials on the Property. City may eke all ranumble deciitiom with reapect to its
<br />representadon in any base pros"diix s.
<br />3. RMIORn O of I Inknnm lai'mu
<br />The parries potato cach hereby lmowirt y, volwaitily and expressly waive its or
<br />their rights udder Civil Code Section 1542, which tvMM as follcnS:
<br />A gemurel ref ease does not elctend to claiute whkh the creditor does
<br />riot kxxow or sWoct to dirt in his favor at the time of exeanking the
<br />releam, which if known by hire muK have materially affect4d his
<br />aettlerneat with tho debwr.
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