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termination of this Agreement in accordance with Section 3 or in connection with any order that this Agreement be terminated or that the Property be returned to the Agency or any successor to the Agency pursuant to any provision of AB x1 26 (codified as California Health and Safety Code Section 34161 et seq.) or any similar law, and Licensee hereby knowingly waives and releases City and Agency from any and all such claims for compensation, damages or benefits. In connection with any termination of this Agreement, Licensee hereby knowingly waives any and all benefits, monetary or otherwise, under the California Relocation Assistance Law (Government Code Section 7260 et seq.) and the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Title 42, U.S. Code Section 4601 et seq.), the regulations adopted in connection with the foregoing, and applicable local rules and regulations relating to residential and commercial relocation (all of the foregoing, collectively, "Relocation Laws "), as such may be amended. Licensee further acknowledges and agrees that it has carefully read the contents of the waiver and release set forth in this Section and that, in executing this Agreement, it does so with full knowledge of any right which it may have, that it has received independent legal advice from its attorneys, or in the alternative, knowingly has determined not to seek legal advice with respect to the matter set forth herein. Licensee hereby voluntarily and knowingly waives, releases and discharges forever City and Agency from any and all claims for any such compensation, damages or benefits. The provisions of this Section 3_1 shall survive the expiration or earlier termination of this Agreement. 4. Conditions of Use Licensee's right to enter upon and use the Premises is limited to the Permitted Activity (defined in Section 1 above) subject to compliance with all conditions set forth in this Section ( "Conditions of Use "). Without limiting the foregoing, Licensee agrees to comply with all of the following specific requirements: a. Licensee shall be liable for any damage to the Property or the Improvements or any part thereof, or any other property of the City or City right of way (all of the foregoing, collectively, "City Property ") that occurs as a result of this License and the use of the Premises, unless caused by the gross negligence or willful misconduct of the City or its employees, agents or contractors. Any damage to the Premises or City Property shall be immediately repaired to the satisfaction of City at Licensee's sole cost and expense. b. Licensee shall not encroach on the public right of way adjacent to the Property. C. Licensee shall comply with all Conditions of Use and with all state, federal and local laws, regulations, rules and orders, applicable to this License, the Premises or the Permitted Activity, including without limitation all Environmental Laws (defined in Exhibit A attached hereto and incorporated herein by reference. Licensee shall not cause or permit any Hazardous Material (defined in Exhibit A ) to be generated, brought onto, used, stored, or disposed of in or about the Premises. Notwithstanding the foregoing, Licensee shall be permitted to store flammable materials and chemicals of such type and in such amount required for Licensee's activities related to the WPCP Project, and only in compliance with all applicable local, state and federal laws, ordinances, rules, and regulations, including without limitation Environmental Laws. Under no circumstances shall Licensee be permitted to store explosive chemicals or materials on the Premises. 1732830.3 3