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6. RIGHT OF POSSESSION <br />Seller hereby grants Buyer and its representatives, agents, consultants �nd <br />contractors, physical and legal possession of the Property effective as of the Close of <br />Escrow. <br />7. AS IS CONDITION <br />Buyer shall rely solely and exclusively upon the results of its Due Diligence <br />Investigations of the Property with regard to any physical condition or state of the <br />Property. By completing the purchase of the Property following its Due Diligence <br />Investigations, Buyer evidences its unconditional acceptance of the condition of'the <br />Property. Buyer acknowledges and agrees that, subject to Seller's representations, <br />-warranties,-covenants and obligations set forth in this Agreement, including without <br />limitation the relocation of the Power Pole, Buyer is purchasing the Property on an "AS- <br />IS," "WHERE -IS" basis. Buyer is not offering to purchase the property based on 'any <br />representation by Seller or Seller's agent except those expressly set forth in <br />Section 3.1. Buyer hereby acknowledges that the purchase of the Property is without <br />warranties of any kind from Seller, expressed or implied, except as expressly set forth in <br />Section 3.1, as to the condition of the Property or its improvements, if any, including, <br />without implied limitation, soils, access to the Property or to utilities, appliances, <br />structure utility systems, roof, foundation, landscaping or any other component of'the <br />Property. Seller does not warrant that the Property conforms with any ordinances, <br />including, without implied limitation, zoning or building ordinances. <br />8. MISCELLANEOUS <br />8.1 Notice <br />Any notice to be given or other document or documents to be delivered to <br />either party by the other hereunder may be delivered (a) in person, (b) by overnight <br />courier, (c) by facsimile or as a PDF or similar attachment to an email (provided that <br />such facsimile or email attachment shall be followed within one (1) business day by <br />delivery of such notice pursuant to clause (a), (b) or (d)), or (d) by United States Mail in <br />the State of California, duly registered or certified, with postage prepaid, and addressed <br />as follows: <br />Seller: City of Santa Ana <br />20 Civic Center Plaza <br />P.O. Box 1988 <br />Santa Ana, CA 92702 <br />Attn: Fuad S. Sweiss, PE, PLS <br />Executive Director, PWA <br />Facsimile: (714) 647-5662 <br />E-mail: FSweiss@santa-ana.org <br />Buyer: Marshall -Kelley, LLC <br />Linda Kelley and Richard Marshall <br />219 S. Hart Place <br />5207.01 -PSA -111215R <br />20A-14 <br />