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• NO WARRANTIES. SAN DIEGO COMMUNITY POWER, THE COUNTY OF SAN DIEGO, AND TRC AND ITS SUBCONSULTANTS, AND THEIR RESPECTIVE AFFILIATES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, OR ASSIGNS (“THE PARTIES”) DO NOT ENDORSE, GUARANTEE, OR WARRANT ANY PARTICULAR MANUFACTURER OR PRODUCT, AND PROVIDE NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR IMPLIED WARRANTY OF FITNESS FOR ANY PRODUCT OR SERVICES. THE PARTIES ARE NOT LIABLE OR RESPONSIBLE FOR ANY ACT OR OMISSION OF ANY CONTRACTOR IMPLEMENTING ANY RECOMMENDATION ON WHICH ASSISTANCE WAS PROVIDED UNDER THIS PROGRAM. THE PARTIES ARE NOT RESPONSIBLE FOR ASSURING THAT THE DESIGN, ENGINEERING, AND CONSTRUCTION OF ANY FACILITY OR INSTALLATION IS PROPER OR COMPLIES WITH ANY PARTICULAR LAWS, CODES, OR INDUSTRY STANDARDS. THE PARTIES DO NOT MAKE ANY REPRESENTATIONS OF ANY KIND REGARDING THE RESULTS TO BE ACHIEVED OR THE ADEQUACY OR SAFETY OF SUCH MEASURES.
  
  
• RELEASE AND WAIVER. THE PARTIES SHALL NOT BE LIABLE TO PARTICIPANT OR ITS AGENTS OR REPRESENTATIVES, OR ANY OF THEIR SUCCESSORS IN INTEREST, HEIRS, ESTATES, PERSONAL REPRESENTATIVES, OR FAMILY MEMBERS FOR, AND PARTICIPANT EXPRESSLY DISCHARGES AND RELEASES THE PARTIES FROM AND WAIVES, ANY CLAIMS IT NOW MAY HAVE OR ASSERT, OR MAY HAVE HAD IN THE PAST, OR MAY HAVE IN THE FUTURE, AGAINST ANY THE PARTIES FOR ANY LIABILITIES, DAMAGES, LOSSES, INCLUDING LOSS OF USE, COSTS, OR EXPENSES (INCLUDING ATTORNEYS’ FEES, OTHER LEGAL FEES, EXPERT FEES, AND COSTS OF LITIGATION), OF ANY KIND, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR SPECIAL (COLLECTIVELY, “LIABILITIES”) ARISING OUT OF, OR CONNECTED WITH ANY PARTY’S INVOLVEMENT WITH PARTICIPANT’S PROJECT, PARTICIPANT’S PERFORMANCE OF OR ACTIVITIES ASSOCIATED WITH THIS AGREEMENT, OR PARTICIPANT’S PARTICIPATION IN THE PROGRAM, DUE TO ANY CAUSE OR CAUSES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, ERRORS, OMISSIONS, STRICT LIABILITY, INDEMNITY, OR BREACH OF CONTRACT, REGARDLESS OF WHETHER SUCH LIABILITIES WERE FORESEEABLE. PARTICIPANT IS ON NOTICE OF, AND HEREBY SPECIFICALLY AND EXPRESSLY WAIVES, THE PROVISIONS OF CALIFORNIA CIVIL CODE § 1542, WHICH PROVIDES THAT 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.”

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