ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) (10)

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ORANGE COUNTY TRANSPORTATION AUTHORITY CONFIDLNTrAL RIGI3T OF WAY CONTRACT This document contains personal .information, and pursuant to Civii Code section 1798.21, it shalt be kept confidential in ardor to protect against unauthorized disclosure. subsequent purchasers, successors, and/or assignees. OCTA may freely assign any or all of its interests or rights under this Agreement, 15. Grantor represents and warrants that during the period of Grantor's ownership of the Property, there have been no disposals, releases or threatened releases of hazardous substances or hazardous wastes on, from, or under the Property, Grantor further represents and warrants that Grantor has no knowledge of any disposal, release, or threatened release of hazardous substances or hazardous wastes on, from, or under the Property which may have occurred prior to Grantor taking title to the Property. The acquisition price of the Property Interest being acquired in this transaction reflects the full and complete settlement of the Property Interest without the presence of contamination. If the Property Interest being acquired is found to be contaminated by the presence of hazardous waste which requires mitigation under Federal or State law, OCTA may elect to recover its clean-up costs from those who caused or contributed to the contamination including, but not limited to, Grantor. 16. It is understood and agreed that the fully executed Public Utility Easement Deed may be recorded in the Recorder's Offlce for the County of Orange. 17, This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter of this Agreement and may not be modified except by an instrument in writing signed by the party to be bound thereby. 18. If any term or provision of this Agreement shall be held to be Invalid or unenforceable, the remainder of the Agreement shall remain in full force and effect. 19. Each individual executing this Agreement on behalf of an entity represents and warrants that he or she has been authorized to do so by the entity on whose behalf he or she executes this Agreement and that said entity will thereby be obligated to perform the terms of this Agreement. 20. This Agreement may be executed in counterparts, including by facsimile and/or electronic mail, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original, and all such counterparts together shall constitute one and the same instrument. 21. OCTA reserves the right to cancel escrow and terminate this Agreement If at any time OCTA determines that the Property Interest is no longer needed for the Project. 22. This Agreement may be subject to approval by OCTA's governing Board of Directors. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE FOLLOWS Page 5 of 6 1584010.1 ""--