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<br />connected in any manner with the use or misuse of the Licensed Property or the Facility
<br />by Licensee's Parties, members of the public and all others who enter onto the License
<br />Property (specifically excluding SCRRA, its officers employees, agents and contractors
<br />when said officers, employees, agents and contractors of SCRRA are performing work on
<br />the Project at the behest of Licensee) and any alleged act or omission to act of the
<br />Licensee, its officers, directors, affiliates, Licensee's Parties or anyone directly or indirectly
<br />employed by or for whose acts Licensee is liable (specifically excluding SCRRA, its
<br />officers employees, agents and contractors when said officers, employees, agents and
<br />contractors of SCRRA are performing work on the Project at the behest of Licensee)
<br />(collectively, "Personnel") in connection with this Agreement, the License Property, and or
<br />the Facility.
<br />
<br />The foregoing indemnity shall be effective regardless of any negligence (whether
<br />active, passive, derivative, joint, concurring or comparative) on the part of Indemnitees
<br />unless caused by the sole negligence or willful misconduct of Indemnitee. Licensee's
<br />obligation to indemnify OCT A and the above-referenced passenger and freight railroad
<br />entities (except for SCRRA while it is performing work on the Project at the behest of
<br />Licensee) shall survive termination of this Agreement; and is in addition to any other rights
<br />or remedies which Indemnitees may have under the law or under this Agreement.
<br />
<br />Claims against the Indemnitees (except for SCRRA while it is performing work on
<br />the Project at the behest of Licensee) by Licensee or its Personnel shall not limit the
<br />Licensee's indemnification obligations hereunder in any way, whether or not such claims
<br />against Indemnitees may result in any limitation on the amount or type of damages,
<br />compensation, or benefits payable by or for Licensee or its Personnel under workers'
<br />compensation acts, disability benefit acts or other employee benefit acts or insurance.
<br />
<br />15. Assumption of Risk and Waiver. To the maximum extent allowed by law, Licensee
<br />assumes any and all risk of loss, damage or injury of any kind to any person or property
<br />including, without limitation, Licensee, Licensee's Parties and Personnel, members of the
<br />general public and their property and Licensee's property, including, without limitation, the
<br />Facility, the License Property and any other property of, or under the control or custody of,
<br />Licensee, which is on or near the License Property. Licensee's assumption of risk shall
<br />include, without limitation, loss or damage caused by defects in any structure or
<br />improvement placed by Licensee on the License Property, accident, fire or other casualty
<br />on the License Property, or electrical discharge, noise or vibration resulting from rail-
<br />related transit operations on or near the License Property. Licensee, on behalf of itself, its
<br />agents and their Personnel (as defined in Section 14) as a material part of the
<br />consideration for this Agreement, hereby waives all claims and demands against the
<br />Indemnitees for any such loss, damage or injury of Licensee, its agents and/or
<br />Personnel. In that connection, Licensee waives the benefit of Califomia Civil Code Section
<br />1542, which provides as follows:
<br />
<br />A general release does not extend to claims which the creditor does not
<br />know or suspect to exist in his favor at the time of executing the release,
<br />
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