01 - Laserfiche WebLink

or superseded, or any similar Laws upon or after any termination. To the extent that any such Laws may apply, Licensee waives, releases and relinquishes forever any and all Claims that it may have against the City for any compensation from the City except as provided in Section 19 (Condemnation). 17.4. No Personal Liability for City Personnel In no event will any City board, agency, member, officer, employee or other Agent be personally liable to Licensee, its successors or assigns, for any default, breach, other nonperformance or sum unpaid sum by the City. The provisions in this Section 17.4 shall survive this License's revocation, termination or expiration. 18. CASUALTY 18.1. City's Rights Upon a Casualty Event In the event the License Area in whole or in part becomes damaged due to any cause, the City will have no obligation whatsoever to repair or replace the damaged License Area. Within approximately 30 days after the date on which the City discovers damage or destruction to the License Area, the City will give Licensee notice of the City's decision whether to repair or replace the damaged License Area and its good-faith estimate of the amount of time the will need to complete the work. If the City cannot complete the work within 30 days after the date that the City specifies in its notice, or if the City elects not to do the work, then Licensee will have the right to terminate this License on 30 days' notice to the City. If the City elects to remove, rather than repair or replace, the damaged or destroyed License Area, then this License will automatically terminate on the last day of the month in which the removal occurs. If the acts of third parties or an act of nature or other force-majeure circumstance outside the control of Licensee or its Agents or Invitees damages or destroys the License Area to such an extent that, in the City's reasonable determination, the Equipment on the License Area cannot be operated in a safe manner, the City may elect to terminate this License on 30 days' notice to Licensee and require Licensee to remove the Equipment from the damaged License Area before the termination date specified in the City's notice. 18.2. Licensee's Termination Rights Upon a Casualty Event In the event that the City terminates this License pursuant to Section 18.1 (City's Rights Upon a Casualty Event), the City will prioritize its review any request by Licensee for a substantially similar license on a different pole as a replacement for this License. 18.3. Statutory Waiver The parties understand, acknowledge and agree that this License fully governs their rights and obligations in the event that the License Area becomes damaged or destroyed, and, to the extent applicable, the City and Licensee each hereby waives and releases the provisions in California Civil Code §§ 1932(2) and 1933(4) or any similar Laws. {00033905;%1} City of Pleasanton, CA 23 DRAFT Pole License Agreement