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N-2018-027 <br />7. Liabilities due to construction, remediation, retrofit, repair, reconstruction, or <br />replacement of the proposed system to current code approved plumbing systems in the <br />event of failure causing a health hazard or nuisance shall be fully bore by <br />the Owners or fixture owner(s) and shall be recorded against the Property for the life of <br />the building. <br />& This Hold Harmless Agreement extends to any costs, expenses, liabilities and damages <br />arising as a result of Owners construction, replacement, maintenance and operation of the <br />SOVENT system. <br />C. EXECUTION & RECORDING: <br />Owners shall sign the Notarized Statement on the following page, record the entire Hold <br />Harmless Agreement (SOVENT System) with the County Recorder's Office and return a <br />conformed copy of the recorded Agreement to the City. <br />D. NOTARIZED STATEMENTIRELEASE: <br />Owners and City understand and expressly agree that this Hold Harmless Agreement <br />(SOVENT System) extends to all claims of every nature and kind whatsoever, known or <br />unknown, suspected or unsuspected, past or present, and all rights under Section 1542 of the <br />California Civil Code are 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 AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR, <br />In'" is <br />E. GENERAL PROVISIONS. <br />1. 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 />ofany joint enterprise. <br />2. Owners agree to and shall indemnify and hold the City and its elected and <br />appointed officials, officers, agents, and employees harmless fiom 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 Owners or those of their contractor(s), <br />subcontractor, agenda, employee, or other person acting on their behalf which relates to the use, <br />operation, and maintenance of the Property. The Owners hereby agree to and shall defend the <br />City and its elected and appointed officials, officers, agents, and employees with respect to any <br />