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• • <br />2. California Splash releases the City of Pleasanton and its officers, agents, <br />employees and volunteers from any liability in any manner for injury or death to any <br />person or damage to the Property or any personal property arising out of the fact that the <br />access road and the Buildings fail to comply with the Uniform Fire Code. This release <br />applies to all potential future claims and California Splash explicitly waives any and all <br />rights pursuant to Section 1542 of the California Civil Code, which reads as follows: <br />"A general release does not extend to claims that the creditor does not know or suspect to <br />exist in his favor at the time of executing the release, which if known by him must have <br />materially affected his settlement with the debtor." <br />3. California Splash further agrees to indemnify, hold harmless and defend <br />the City, its officers, employees, agents and volunteers from any suits, claims, injuries or <br />damages of any kind whatsoever, including the cost of defense of any action brought <br />against the City, arising out of the fact that the Buildings and access road fail to comply <br />with the Uniform Fire Code. <br />4. This Indemnification Agreement shall be binding upon California Splash, <br />their heirs, successors and assigns. <br />City of Pleasan on <br />By <br />Nelson Fi ho, City Manager <br />ATTEST: <br />D wn G. Abrah son, City Clerk <br />California Splash, LLC ~,/~'.. <br />,~°' ~ ~~ <br />1 <br />Title-~ ~~~~ /' ~.~ ~~-- <br />By: <br />Title: <br />APPROVED AS TO FORM: <br />~~ /~~~ <br />Michael H. Roush, City Attorney <br />Page 2 of 2 <br />