Donor makes no representations whatsoever, extends no warranties of any kind. The recipient agrees to indemnify and hold harmless the donor, its officers, agents, employees, volunteers, and affiliates (collectively, the “DONOR”) against any claims whatsoever related to the use of the Donated PPE, including but not limited to recipient’s use of the Donated PPE.
RELEASE AND WAIVER OF LIABILITY
RECIPIENT does hereby waive, release and discharge any and all claims against the DONOR for damages for personal injury, death, property damage, any claim in tort, or any other claim, regardless of legal theory, that may hereafter accrue as a result of the use of the Donated PPE. The entire risk as to the performance of the Donated PPE is assumed by RECIPIENT.
Section 1542 of the Civil Code of the State of California 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.” RECIPIENT hereby represents that RECIPIENT has read and understood Civil Code Section 1542 and that RECIPIENT hereby waives all present and future rights and benefits under Section 1542 to the extent it would permit claims arising from the performance of the Donated PPE, including without limitation, any based on facts found to be different from the facts believed to be true at the time this Release and Waiver of Liability was executed.
RECIPIENT agrees to defend, indemnify and hold harmless the DONOR from all actions, claims, or demands for any personal injury, death, property damage, any claim in tort, or any other claim, regardless of legal theory, that may hereafter accrue as a result of the use of the Donated PPE.