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5489135.1 18 <br />Santa Ana, CA 92702 <br />Attn: City Clerk <br /> <br />With a copy at the same address to: <br /> <br />John M. Funk, Chief Assistant City Attorney <br />Email: jfunk@santa-ana.org <br /> <br />ESCROWEE/ TITLE COMPANY <br /> <br />Commonwealth Land Title Company <br />4100 Newport Place Drive, Suite 120 <br />Newport Beach, CA 92660 <br />Attn: Kelly Ralph <br />Email: kelly.ralph@cltic.com / kjunit@cltic.com <br /> <br />Notices shall be deemed given, in the case of mailing, three (3) Business Days after <br />deposited in the United States mail, or, in the case of overnight courier, one (1) Business <br />Day after deposited with the overnight courier (for next Business Day delivery) or, in <br />the case of hand delivery, the date actually delivered to or rejected by the intended <br />recipient, or, in the case of email, upon the transmission of such email. Notices on <br />behalf of the respective parties may be given by their attorneys and such notices shall <br />have the same effect as if in fact subscribed by the party on whose behalf it is given. <br />Notwithstanding the foregoing provisions of this Section, (a) notices served by hand <br />delivery shall be deemed served on the date of delivery if delivered at or prior to 5:00 <br />P.M. Pacific Time on a Business Day and on the next Business Day if delivered after <br />5:00 P.M. Pacific Time on a Business Day or at any time on a non-Business Day and <br />(b) notices served by email shall be deemed served on the date of transmission if sent <br />at or prior to 5:00 P.M. Pacific Time on a Business Day and on the next Business Day <br />if sent after 5:00 P.M. Pacific Time on a Business Day or at any time on a non-Business <br />Day. <br />14.5. Further Assurances. The parties each agree to do such other and further acts and <br />things, and to execute and deliver such instruments and documents (not creating any <br />obligations or liabilities additional to those otherwise imposed by this Contract), as <br />either may reasonably request from time to time, whether at or after the Closing, in <br />furtherance of the purposes of this Contract. The provisions of this Section shall <br />survive the Closing for six (6) months. <br />14.6. Survival and Merger. The acceptance of the Deed by Purchaser shall be deemed to <br />be a full performance and discharge of every agreement and obligation on the part of <br />the Seller to be performed pursuant to the provisions of this Contract, except those <br />which are herein specifically stated to survive the Closing, and Seller shall have no <br />further liability with respect to any such agreement or obligation of Seller. <br />14.7. Recording. Purchaser shall not record this Contract or any memorandum thereof and <br />any such recording shall be null and void and shall constitute a default hereunder. <br />14.8. Successors and Assigns. This Contract shall be binding upon and shall inure to the <br />benefit of the parties hereto and their respective heirs, executors, administrators, <br />EXHIBIT 1