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35 <br />Licensee acknowledges the City’s rights under this Article and waives any Claims arising <br />from the exercise of the City’s rights. In connection with the preceding sentence and the releases <br />and waivers contained in this Master License, including Section 10.3 (No Right to Repair City <br />Property),Section 14.2 (No Statutory Rights for Damaged City Pole), Subsection 15.1.3 (No <br />Statutory Right to Terminate), Section 19.4 (Waiver of Subrogation), Section 20.1 (General <br />Limitation on City’s Liability), Section 20.2 (Consequential Damages), Section 20.3 (No <br />Relocation Assistance),Section 21.3 (No Liability for Emergency Access), Section 24.1 <br />(Application of Security Deposit), and any other waiver by Licensee under this Master License. <br />Licensee acknowledges that it is familiar with section 1542 of the California Civil Code, which <br />reads: <br />A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE <br />CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER <br />FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY <br />HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER <br />SETTLEMENT WITH THE DEBTOR. <br />Licensee realizes and acknowledges that the waivers and releases contained in this <br />Master License include all known and unknown, disclosed and undisclosed, and anticipated and <br />unanticipated Claims. Licensee affirms that it has agreed to enter into this Master License in light <br />of this realization and, being fully aware of this situation, it nevertheless intends to waive the <br />benefit of Civil Code section 1542 and any similar Law. The releases and waivers contained in <br />this Master License will survive its expiration or earlier termination. <br />21 CITY ACCESS TO LICENSE AREA <br />21.1 City’s Right of Access. <br />Except as specifically provided otherwise, the City and its designated Agents have the <br />right of access to any part of the License Area at any time without notice for any purpose. The <br />City will, however, make good faith efforts to provide notice to Licensee according to Section 9.2 <br />(Notice to Licensee). <br />21.2 Emergency Access. <br />If safe and practicable, the City will notify Licensee of any emergency that requires the <br />City to remove and replace a City Pole and allow Licensee to remove its Equipment before the <br />City removes or replaces a City Pole in an emergency situation or other exigent circumstances. <br />But if in the City’s sole judgment it is not safe or practicable to wait for Licensee to perform the <br />work or where such delay would cause significant delay to or otherwise compromise public safety <br />or services, the City will remove the Equipment from the City Pole, exercising reasonable care to <br />avoid damage. The City will hold the Equipment for retrieval by Licensee, and Licensee will have <br />the right to reinstall the Equipment or equivalent Equipment at Licensee’s expense on the <br />repaired or replaced City Pole in accordance with Article 7 (Installation of Equipment). As <br />provided in Section 9.4 (Emergencies), the City’s removal of Licensee’s Equipment in <br />emergency or exigent circumstances may not be deemed to be a forcible or unlawful entry into or <br />interference with Licensee’s rights to the License Area. <br />21.3 No Liability for Emergency Access. <br />The City will not be liable in any manner, and Licensee hereby waives any Claims, for any <br />inconvenience, disturbance, loss of business, nuisance, or other damage arising out of the City’s <br />entry onto the License Area, including the removal of Licensee’s Equipment from a City Pole in <br />an emergency as described in Subsection 21.2 (Emergency Access), except damage resulting <br />directly and exclusively from the gross negligence or willful misconduct of the City or its Agents <br />and not contributed to by the acts, omissions, or negligence of Licensee, its Agents, or Invitees.