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remedy under this Agreement by reason of such default, terminate this Agreement by <br />written notice to Buyer, whereupon the obligations of the parties hereunder shall terminate <br />(other than those obligations that expressly survive a termination of this Agreement) and <br />the Escrow Deposit shall be delivered to Seller as full compensation and liquidated <br />damages under and in connection with this Agreement, and in such event, Buyer shall <br />not be liable to Seller for monetary damages except for full payment of the amount of the <br />Escrow Deposit due at the time of termination and forfeiture of said Escrow Deposit to the <br />Seller. Under no circumstances shall Buyer be entitled to a refund of the Proposal <br />Deposit, which shall be retained by Seller. <br />5. RIGHT OF POSSESSION <br />Seller hereby grants Buyer and its representatives, agents, consultants and <br />contractors, physical and legal possession of the Property effective as of the Close of <br />Escrow. <br />6. 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 Buyer is purchasing the Property on an <br />"AS -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 Section 3.1. <br />Buyer hereby acknowledges that the purchase of the Property is without warranties of <br />any kind from Seller, expressed or implied, except as expressly set forth in Section 3.1, <br />as to the condition of the Property or its improvements, if any, including, without implied <br />limitation, soils, access to the Property or to utilities, appliances, structure utility systems, <br />roof, foundation, landscaping or any other component of the Property. Seller does not <br />warrant that the Property conforms with any ordinances, including, without implied <br />limitation, zoning or building ordinances. <br />7. MISCELLANEOUS <br />7.1 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 such <br />facsimile or email attachment shall be followed within one (1) business day by delivery of <br />such notice pursuant to clause (a), (b) or (d)), or (d) by United States Mail in the State of <br />California, duly registered or certified, with postage prepaid, and addressed as follows: <br />Seller: City of Santa Ana <br />20 Civic Center Plaza <br />P.O. Box 1988 <br />Santa Ana, CA 92702 <br />