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roles and regulations) upon or under the Bastida Property. Bastida warrants and
<br />represents to the City that Bastida is not aware that any such Hazardous Substances
<br />have been generated, stored or disposed of upon or under the Bastida Property.
<br />(e) To the best of Bastida's knowledge the Bastida Property complies with all
<br />applicable laws and governmental regulations including, without limitation, all
<br />applicable federal, state, and local laws pertaining to air and water quality,
<br />hazardous waste, waste disposal, and other environmental matters, including, but
<br />not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid
<br />Waste Disposal, Resource Conservation Recovery and Comprehensive
<br />Environmental Response Compensation and Liability Acts, and the California
<br />Environment Quality Act, and the rules, regulations, and ordinances of the City, the
<br />California Department of Health Services, the Regional Water Quality Control
<br />Board, the State Water Resources Control Board, the Environmental Protection
<br />Agency, and all applicable federal, state, and local agencies and bureaus.
<br />5. Right of Possession
<br />5.1 Right of Possession. The Parties agree to deliver to each other quiet and peaceful physical
<br />and legal possession of the respective Properties, free of all personal property, effective as
<br />of the Close of Escrow. The City shall not need to seek a writ of possession in order to
<br />obtain access or otherwise secure the Bastida Property after close of escrow. To the extent
<br />that any writ of possession is required, or the City seeks a writ of possession, the parties
<br />hereby agree that the City is entitled to seek an immediate writ of possession three (3) days
<br />after close of escrow, and Bastida agrees she cannot oppose the issuance of any writ of
<br />possession as of that date.
<br />6. As -Is Condition
<br />6.1 As -Is Condition. Parties shall rely solely and exclusively upon the results of their own Due
<br />Diligence Investigations of the subject Properties with regard to any physical condition or
<br />state of the Properties. By completing the exchange of the Properties, Parties evidence their
<br />unconditional acceptance of the condition of each respective Property. Parties
<br />acknowledge and agree that each is acquiring its respective Property on an "AS -IS,"
<br />"WHERE -IS" basis. Parties are not offering to acquire the respective Property based on
<br />any representation by the other Party, or a third party, except those expressly set forth in
<br />this Agreement. Parties hereby acknowledge that the exchange of the Properties is without
<br />warranties of any kind from the other Party, expressed or implied, except as expressly set
<br />forth in this Agreement, as to the condition of the subject Property or its improvements, if
<br />any, including, without implied limitation, soils, access to the subject Property or to
<br />utilities, appliances, structure utility systems, roof, foundation, landscaping or any other
<br />component of the subject Property. Parties do not warrant that either Property conforms
<br />with any ordinances, including, without implied limitation, zoning or building ordinances.
<br />7. Acknowledgement of Full Benefits
<br />7.1 Full Benefits. By execution of this Agreement, the Parties hereby acknowledge that this
<br />Agreement provides full payment for the acquisition of the subject Properties, and each
<br />Party hereby expressly and unconditionally waives any claim for damages, interest, loss of
<br />goodwill, severance damages, or any other compensation or benefits other than as already
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