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4 accepts the Range with all defects, latent or patent. USER, on behalf of itself and its personnel as a material part of the consideration for this Agreement, hereby assumes the risk of and releases CITY from any and all liability of any kind whatsoever that may arise out of use of the Range by USER, including, but not limited to, any defect, latent or patent, or any act or omission of CITY, its officers, agents, or employees related to this Agreement or the Range. In that connection, USER 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 foregoing assumption of risk shall be effective except to the extent any liability is caused by the gross negligence or willful misconduct of CITY; shall survive termination of this Agreement; and is in addition to any other rights or remedies which CITY may have under the law or under this Agreement. 9. Insurance. The insurance requirements set forth in Exhibit “B” are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the requirements set forth in Exhibit “B” shall control. 10. Assignment. The provisions of this Agreement shall be binding upon and, subject to any prescribed limitations on the right of assignment, shall insure to the benefit of the parties hereto and their respective heirs, successors, assigns and legal representatives. USER shall not assign this Agreement, in whole or in part, without the prior written approval of CITY. Any attempt by USER to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 11. Entire Agreement; Amendment. This document contains the entire agreement between the parties relating to the services, rights, obligations, and covenants contained herein and assumed by the parties respectively. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto and no oral understanding or agreements not incorporated herein shall be binding on any of the parties hereto. 12. Governing Law; Venue. The interpretation and implementation of this Agreement shall be governed by the laws of the State of California. If any Party initiates an action to enforce the terms of this Agreement or declare rights hereunder, the parties agree that the venue thereof shall be the County of Solano, California. 13. Authorization. Each person executing this Agreement on behalf of USER represents and warrants that he or she is duly authorized to execute and deliver Docusign Envelope ID: 32694483-79EF-8BD7-81BD-796CE759ECA5