ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) (12)

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ORANGE COUNTY TRANSPORTATION AUTHORITY RIGHT OF WAY CONTRACT 20 Civic Center Plaza Santa Ana, CA 92701 Attn: Kenny Nguyen To OCTA: 550 South Main Street Orange, CA 92863-1584 Attn: Joe Gallardo CONFIDENTIAL This document contains personal infonnation, and pursuant to Civil Code section 1798.21, it shall be kept confidential in order to protect against unauthorized disclosure. 15. It is understood and agreed by and between the parties hereto that this Agreement inures to the benefit of, and is binding on, the parties, their respective heirs, personal representatives, subsequent purchasers, successors, and/or assignees. OCTA may freely assign any or all of its interests or rights under this Agreement. 16. Grantor represents and warrants that, other than organochlorine pesticides (OCPs) and arsenical herbicides, 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, other than organochlorine pesticides (OCPs) and arsenical herbicides, 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 Interests being acquired in this transaction reflects the full and complete settlement of the Property Interests without the presence of contamination. If the Property Interests being acquired are 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. 17. It is understood and agreed that the fully executed Grant Deed, Highway Easement Deed and Temporary Construction Easement Deed may be recorded in the Recorder's Office for the County of Orange. 18. 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. 19. 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. 20. 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. 21. 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. 1477543.1