Agmt 2012 S J Amoroso Construction Co Inc

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2. Term of License . The term of the License and right of entry granted hereby, shall commence on the Effective Date and shall continue until April 30, 2013 (the "Termination Date ") unless the term is extended pursuant to this Section 2 or terminated pursuant to Section 3 below. Following the Termination Date, this License may continue in effect on a month -to- month basis upon written request by Licensee delivered to City not later than thirty (30) days prior to the expiration of the initial term of this License. City will not withhold consent to an extension of the term for a period of up to twenty -four (24) additional months if Licensee reasonably requires such extension in order to complete construction activities related to the WPCP Project. All terms and conditions of this Agreement shall apply during any extension of the term; provided however, following the Termination Date, either Licensee or City may terminate this Agreement upon delivery of thirty (30) days' written notice delivered in accordance with Section 9.1. 3. Termination of License . City may terminate or suspend this License by written notice to Licensee following Licensee's breach of its obligations under this Agreement (including without limitation, any violation of the Conditions of Use) if Licensee fails to cure any such breach within ten (10) days following written notice of default from the City. In addition, at any time after April 30, 2013, if City requires use of the Property for any reason, including without limitation, because City has commenced or will shortly commence construction for the Eden Road Project, City may terminate this License upon delivery of thirty (30) days' prior written notice to Licensee. 3.1 Relocation: Waiver and Release. Licensee acknowledges and agrees that Licensee will not be entitled to, nor will Licensee make any claim for, compensation or damages of any kind or for benefits under Relocation Laws (defined below) in connection with City's 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 Ala xl 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 natter 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.