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from the Permit Area. Permittee's obligations under this Section shall survive any termination of
<br />this Permit.
<br />12. Waiver of Claims.
<br />12.1 Except in case of an emergency as described in 10, above, neither City nor any of
<br />its commissions, departments, boards, officers, agents or employees shall be liable for any
<br />damage to the property of Permittee, its officers, agents, employees, contractors or
<br />subcontractors, or their employees, or for any bodily injury or death to such persons, resulting or
<br />arising from the condition of the Permit Area or its use by Permittee.
<br />12.2 Permittee acknowledges that this Permit is freely revocable by City and in view of
<br />such fact, Permittee expressly assumes the risk of making any expenditure in connection with
<br />this Permit, even if such expenditures are substantial. Without limiting any indemnification
<br />obligations of Permittee or other waivers contained in this Permit and as a material part of the
<br />consideration for this Permit, Permittee fully RELEASES, WAIVES AND DISCHARGES
<br />forever any and all claims, demands, rights, and causes of action against, and covenants not to
<br />sue, City, its departments, commissions, officers, directors and employees, and all persons acting
<br />by, through or under each of them, under any present or future laws, statutes, or regulations,
<br />including, but not limited to, any claim for inverse condemnation or the payment of just
<br />compensation under the law of eminent domain, or otherwise at equity, in the event that City
<br />exercises its right to revoke or terminate this Permit.
<br />12.3 In connection with the foregoing releases, Permittee acknowledges that it is
<br />familiar with Section 1542 of the California Civil Code, which reads:
<br />A general release does not extend to claims which the creditor does not know or
<br />suspect to exist in his favor at the time of executing the release, which if known by him must
<br />have materially affected his settlement with the debtor.
<br />Permittee acknowledges that the releases contained herein include all known and
<br />unknown, disclosed and undisclosed, and anticipated and unanticipated claims. Permittee
<br />realizes and acknowledges that it has agreed upon this Permit in light of this realization and,
<br />being fully aware of this situation, it nevertheless intends to waive the benefit of Civil Code
<br />Section 1542, or any statute or other similar law now or later in effect. The releases contained
<br />herein shall survive any termination of this Permit.
<br />13. Repair of Damage. If any property of City located on or adjacent to the Permit Area is
<br />damaged by any of the activities conducted by Permittee hereunder, Permittee shall immediately,
<br />at its sole cost, repair any and all such damage and restore the property to its previous condition
<br />or to a condition substantially similar to its previous condition in function and appearance. If
<br />any property of Permittee located on the Permit Area is damaged by any of the activities
<br />conducted by City, City shall immediately, at its sole cost, repair any and all such damage and
<br />restore the property to its previous condition or to a condition substantially similar to its previous
<br />condition in function and appearance.
<br />14. Location of Utilities. City has no responsibility or liability of any kind with respect to
<br />any utilities that may be on, in or under the Permit Area. Permittee has the sole responsibility to
<br />locate such utilities and protect them from damage. Permittee shall arrange and pay for any
<br />necessary temporary relocation of City and public utility company facilities, subject to the prior
<br />written approval by City and any such utility companies of any such relocation. Permittee shall
<br />be solely responsible for arranging and paying directly for any utilities or services necessary for
<br />its activities hereunder.
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