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ESRICamera Waiver. FY20-0026
<br />WAIVER, RELEASE AND INDEMNITY AGREEMENT
<br />Environmental Systems Research Institute, Inc. ("ESRI') has voluntarily agreed, at no cost to
<br />the City of Redlands ("City"), to temporarily install a GoPro digital camera and camera housing (the
<br />"Camera Equipment") on certain City solid waste vehicles, as such vehicles are subsequently
<br />identified by City (the "Vehicles"). For and in consideration of City permitting ESRI, and its officers,
<br />employees, and agents, access to the Vehicles located at 1270 W. Park Avenue (the "Property") for
<br />the sole purpose of installing the Camera Equipment on the Vehicles, ESRI voluntarily releases,
<br />discharges, waives, and relinquishes any and all actions or causes of action for claims, losses,
<br />damages, and liability, including but not limited to, personal injury, property damage, or wrongful
<br />death occurring to it, or its officers, employees, and agents which arise as a result of ESRI's entry
<br />onto the Property and installation of the Camera Equipment on the Vehicles. Further, the
<br />undersigned does, for ESRI, and its officers, employees, agents, and successors and assigns, hereby
<br />release, waive, discharge, and relinquish any action or causes of action, which it may have, or which
<br />may hereafter arise for ESRI, and agrees that under no circumstances will ESRI prosecute or present
<br />any claim for and claim, loss, damage, or liability, including but not limited to, personal injury,
<br />property damage, or wrongful death, against City or any of its elected or appointed officials, officers,
<br />agents, or employees (collectively, the "Released Parties") for any of said causes of action, whether
<br />the same shall arise by the passive or active negligence of the Released Parties, or otherwise in
<br />connection with City permitting ESRI to enter upon City's property and undertake the installation of
<br />the Camera Equipment as described herein.
<br />IT IS THE INTENTION OF THE UNDERSIGNED BY THIS INSTRUMENT TO
<br />ASSUME ALL RISKS ATTENDANT WITH ESRI' S INSTALLATION OF THE
<br />CAMERA EQUIPMENT AND TO EXEMPT AND RELIEVE THE RELEASED
<br />PARTIES FROM ANY AND ALL LIABILITY FOR CLAIMS, LOSSES,
<br />DAMAGES, AND LIABILITY, INCLUDING BUT NOT LIMITED TO,
<br />PERSONAL INJURY, PROPERTY DAMAGE, AND WRONGFUL DEATH
<br />CAUSED BY ESRI
<br />The undersigned further agrees that in the event any claim for losses, damages, or liability,
<br />including but not limited to, personal injury, property damage, or wrongful death, shall be prosecuted
<br />against any of the Released Parties by any other person or entity who is on the Property at the time of
<br />ESRI's installation of the Camera Equipment, ESRI shall defend, indemnify, and hold harmless the
<br />Released Parties from any and all claims and causes of action by such person or entity wherever
<br />made or presented for losses, damages, liability, personal injuries, property damage, or wrongful
<br />death for the same. In this respect, ESRI expressly waives the benefits and provisions of Section
<br />1542 of the Civil Code of the State of California, which provides as follows:
<br />"A general release does not extend to claims which the creditor does not know or
<br />expect to exist in his or her favor at the time of executing the release, which if known
<br />by him or her must have materially affected his or her settlement with thedebtor."
<br />Any notice or other communication required, or which maybe given, pursuant to this Waiver,
<br />Release, and Indemnity Agreement, shall be in writing. Any such notice shall be deemed delivered
<br />(i) on the date of delivery in person; (ii) five (5) days after deposit in first class registered mail, with
<br />L:\ca\djm\Agmements\ESRI Camem W aiver.FY20-0026.doc.jn
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