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8I Consent 2012 0206
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8I Consent 2012 0206
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Last modified
2/16/2012 10:21:27 AM
Creation date
1/31/2012 5:12:31 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
2/6/2012
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_CC Agenda 2012 0206 CS+RG
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2012\Packet 2012 0206
Reso 2012-012
(Reference)
Path:
\City Clerk\City Council\Resolutions\2012
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9.11 Possessory Interest Licensee acknowledges that this License may create a <br />possessory interest subject to property taxation, and that Licensee may be subject to the payment <br />of property taxes on such interest. <br />10. Release Licensee acknowledges that changes in law may occur in the future which <br />may apply retroactively and may allow Licensee to be entitled to claims for damage, loss, costs <br />or expenses which are presently unknown and unsuspected. Nevertheless, Licensee hereby <br />acknowledges that this Agreement has been negotiated and agreed upon in light of that situation, <br />and hereby expressly waives any and all rights which it may have under California Civil Code <br />section 1542, or under any statute or common law or equitable principle of similar effect. <br />LICENSEE ACKNOWLEDGES THAT LICENSEE IS FAMILIAR WITH SECTION 1542 OF THE <br />CALIFORNIA CIVIL CODE, WHICH PROVIDES AS FOLLOWS: <br />A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH <br />THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN <br />HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, <br />WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY <br />AFFECTED HIS SETTLEMENT WITH THE DEBTOR. <br />LICENSEE HEREBY WAIVES AND RELINQUISHES ALL RIGHTS AND BENEFITS <br />WHICH IT MAY HAVE UNDER SECTION 1542 OF THE CALIFORNIA CIVIL CODE <br />WITH RESPECT TO THE MATTERS ADDRESSED IN SECTIONS 3.1, 5, and 7 OF THIS <br />AGREEMENT. <br />Licensee's Initials <br />This Section 10 shall survive the expiration or earlier termination of this Agreement. <br />SIGNATURES ON FOLLOWING PAGES) <br />1732830.3 9 <br />
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