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6. This Agreement shall not be read to release any duty of AT&T <br />arising under its state issued franchise to indemnify or insure the City against acts and <br />omissions occurring during the state franchise term that are separate, unrelated and <br />distinct from the calculation, assessment, collection or payment of Franchise Fees. <br />7. The releases contained in this Agreement are special releases and <br />section 1542 of the Civil Code of the State of California is not applicable. If and to the <br />extent it should be determined that the releases contained in this Agreement are not <br />special releases, contrary to the parties' acknowledged intention and agreement, each <br />party specifically waives the benefit of the provisions of section 1542 of the Civil Code of <br />the State of California, which provides as follows: <br />A GENERAL RELEASE DOES NOT EXTEND TO <br />CLAIMS WHICH THE CREDITOR DOES NOT KNOW <br />OR SUSPECT TO EXIST IN HIS OR HER FAVOR <br />AT THE TIME OF EXECUTING THE RELEASE, <br />WHICH IF KNOWN BY HIM OR HER MUST HAVE <br />MATERIALLY AFFECTED HIS OR HER <br />SETTLEMENT WITH THE DEBTOR. <br />8. Each party hereto represents and states that such party has carefully <br />read this Agreement, knows the contents hereof, and signs the same of such party's <br />own free will, act and deed. Each party further represents that such party has obtained <br />legal advice from such party's attorneys in connection with this Agreement, which has <br />been drafted with the assistance of counsel for each such parry, and that such party <br />executes this Agreement without reliance upon any statement or representation of, by <br />or on behalf of any of the parties that is not contained in this Agreement. <br />4 <br />AT&T 010312