PLEASANTON HINES DEVELOPMENT - Laserfiche WebLink

Section 4. Time and Manner of Reimbursement. Within thirty (30) days of the date of this Agreement, the City shall pay to Developer the Costs set forth in Exhibit A. Developer directs that payment be made and mailed to: Pleasanton Hines Development, LLC 6140 Stoneridge Mall Road, Suite 550 Pleasanton, CA 94588 Attention: George Clever Section 5. Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this Agreement. Any action to enforce this agreement shall be filed in the Eastern Division of the Superior Court of the County of Alameda. Section 6. Release and Indemnification. The City shall indemnify, protect, defend and hold harmless Developer, its predecessors, successors, officers, directors, shareholders, executors, administrators, agents, attorneys, partners, owners, members, managers, and all persons or entities claiming by, through, or under any of the foregoing (collectively, the "Developer Parties") from and against any and all claims, losses, expenses, damages, costs, attorneys' fees, causes of action or other liabilities for bodily injury (including death) and property damage arising out of, involving, or in connection with the City's acts, failure to act or negligence in maintaining the Improvements. The City hereby releases the Developer Parties from responsibility for, waives its entire claim of recovery for, and assumes all risk of damage to property, injury to persons, or loss resulting from business interruption or loss of income arising out of, involving, or in connection with the City's acts, failure to act or negligence in maintaining the Improvements. Except as otherwise provided in this Agreement, the City waives and relinquishes the rights and benefits afforded by California Civil Code, Section 1542, which provides: "A general release does not extend to claims which a creditor does not know or suspect to exist in his favor at the time of executing a release, which if known by him, must have materially affected his settlement with the debtor." The City acknowledges that it may discover facts different from or in addition to those which it now knows or believes to be true with respect to the matters released in this Agreement, and the City agrees that this Agreement and the releases contained in this Agreement shall be, and will remain in effect in all respects notwithstanding such different or additional facts or the discovery thereof. Initials: C' 2 sf-1130446