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California Constitution, the Fifth and Fourteenth Amendments to the United States <br />Constitution, or any other law or ordinance which seeks to impose any other liability <br />or damage, whatsoever, upon CITY because it entered into this Agreement or because <br />of the terms of this Agreement. OWNER hereby acknowledges that it has read and is <br />familiar with the provisions of California Civil Code Section 1542, which is set forth <br />below: <br /> <br />"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH <br />THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS <br />OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, <br />WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY <br />AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." <br /> <br />By initialing below, OWNER hereby waives the provisions of Section 1542 in connection <br />with the matters that are the subject of the foregoing waivers and releases. <br /> <br /> _______________ <br /> OWNER'S Initials <br /> <br />7.3 Termination or Modification of Agreement for Default of OWNER. <br />CITY may terminate or modify this Agreement for any failure of OWNER to perform <br />any material duty or obligation of OWNER under this Agreement, or to comply in <br />good faith with the terms of this Agreement (hereinafter referred to as "default"); <br />provided, however, CITY may terminate or modify this Agreement pursuant to this <br />Section only after providing written notice to OWNER of default setting forth the <br />nature of the default and the actions, if any, required by OWNER to cure such default <br />and, where the default can be cured, OWNER has failed to take such actions and cure <br />such default within sixty (60) days after the effective date of such notice or, in the <br />event that such default cannot be cured within such sixty (60) day period but can be <br />cured within a longer time, has failed to commence the actions necessary to cure such <br />default within such sixty (60) day period and to diligently proceed to complete such <br />actions and cure such default. <br />7.4 Termination of Agreement for Default of CITY. OWNER may <br />terminate this Agreement only in the event of a default by CITY in the performance <br />of a material term of this Agreement and only after providing written notice to CITY <br />of default setting forth the nature of the default and the actions, if any, required by <br />CITY to cure such default and, where the default can be cured, CITY has failed to <br />take such actions and cure such default within sixty (60) days after the effective date <br />of such notice or, in the event that such default cannot be cured within such sixty (60) <br />day period but can be cured within a longer time, has failed to commence the actions <br />necessary to cure such default within such sixty (60) day period and to diligently <br />proceed to complete such actions and cure such default. <br />8. LITIGATION. <br />8.1 Third Party Litigation Concerning Agreement. OWNER shall <br />defend, at its expense, including attorneys' fees, indemnify, and hold harmless CITY, <br />2-139