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<br />20 LIMITATION OF CITY’S LIABILITY
<br />20.1 General Limitation on City’s Liability.
<br />The City is not responsible or liable to Licensee for, and Licensee hereby waives all
<br />Claims against the City and its Agents and releases the City and its Agents from, all Claims from
<br />any cause (except to the extent caused by the gross negligence or willful misconduct of the City
<br />and its Agents), including acts or omissions of persons using the sidewalk or street adjoining or
<br />adjacent to or connected with the License Area; utility interruption; theft; burst, stopped, or
<br />leaking water, gas, sewer, or steam pipes; or gas, fire, oil, or electricity in, flood, vehicle collision,
<br />or other accidental “knock downs” or similar occurrences on or about the License Area or other
<br />City Property.
<br />20.2 Consequential and Other Damages.
<br />Notwithstanding any provision to the contrary, in no event shall either party be liable to
<br />the other in contract, tort, under any statute, warranty, provision of indemnity or otherwise, for
<br />any special, indirect, incidental, or consequential, punitive, or exemplary damages suffered by
<br />the other party or any customer or third party or any other person for lost profits or other business
<br />interruption damages of that party's customers, advertisers, users, clients, licensees, or any
<br />other person, firm, or entity, and the parties agree to indemnify and hold each other harmless in
<br />such regard.
<br />20.3 No Relocation Assistance.
<br />This Master License creates no right in Licensee to receive any relocation assistance or
<br />payment for any reason under the California Relocation Assistance Law (Cal. Gov. Code
<br />§§ 7260 et seq.), the Uniform Relocation Assistance and Real Property Acquisition Policies Act
<br />(42 U.S.C. §§ 4601 et seq.), or similar Law upon any termination of occupancy except as
<br />provided in Article 15 (Eminent Domain). To the extent that any relocation law may apply,
<br />Licensee waives, releases, and relinquishes forever any and all Claims that it may have against
<br />the City for any compensation from the City except as specifically provided in this Master License
<br />upon termination of its occupancy of all or any part of the License Area.
<br />20.4 Non-Liability of City Officials, Employees, and Agents.
<br />No elective or appointive board, commission, member, officer, employee, or other Agent
<br />of the City will be personally liable to Licensee, its successors, or its assigns, in the event of any
<br />default or breach by the City or for any amount which may become due to Licensee, its
<br />successors, or its assigns, or for any obligation of the City under this Master License.
<br />20.5 Scope of Waivers.
<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.
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