Assumption of Risk and Waiver. To the maximum extent allowed by law, Licensee assumes any and all risk of loss, damage or injury of any kind to any person or property on the Subject Property. Licensee, on behalf of itself and its employees, officers, directors, agents, and anyone directly or indirectly employed by or for whose acts Licensee is liable (all of which are included in the term “Licensee” for the purposes of this provision only), as a material part of the consideration for the License Agreement, hereby waives all claims and demands against each Licensor, for any such loss, damage or injury of Licensee. In that connection, Licensee waives the benefit of California Civil Code Section 1542, which provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. The provisions of this section shall survive the termination of this Right of Entry Agreement.
Appears in 3 contracts
Samples: Right of Entry Agreement, Right of Entry Agreement, Right of Entry Agreement
Assumption of Risk and Waiver. To the maximum extent allowed by law, Licensee assumes any and all risk of loss, damage or injury of any kind to any person or property on the Subject Property. Licensee, on behalf of itself and its employees, officers, directors, agents, and anyone directly or indirectly employed by or for whose acts Licensee is liable (all of which are included in the term “Licensee” for the purposes of this provision only), as a material part of the consideration for the License Agreement, hereby waives all claims and demands against each Licensor, for any such loss, damage or injury of Licensee. In that connection, Licensee waives the benefit of California Civil Code Section 1542, which provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. The provisions of this section shall survive the termination of this Right of Entry and License Agreement.
Appears in 1 contract
Samples: Right of Entry and License Agreement