13. Acknowledgment of Full Benefits and Release .
<br />A. By execut ion of this Agreement , Seller, on behalf of himse lf, his heirs , executors , adm inistrators ,
<br />successors and assigns , hereby acknowledges that this Agreement provides full payment for the
<br />acquisition of the Property by Buyer, and Seller hereby expressly and unconditionally waives any
<br />claim for compensation for injury to the remainder ("severance damages"); precondemnation
<br />damages; claims for inverse condemnation; loss of goodwill and/or lost profits; loss or impairment of
<br />any "bonus value" attributable to any lease; damage to or loss of improvements pertaining to the
<br />realty ; damage to or loss of machinery , fixtures, inventory , equipment and/or personal property; any
<br />right to repurchase , leaseback from Seller, or receive any financial gain from , the sale of any portion
<br />of the Property , or challenge Buyer's adoption of a reso lution of necessity, pursuant to Code of C ivil
<br />Procedure sections 1245.245; any right to receive any notices pursuant to Code of Civil Procedure
<br />section 1245.245; any right to enforce any other obligation placed upon Seller pursuant to Code of
<br />Civ il Procedure sections 1245.245 , 1263.025 and 1263 .615 ; any other rights conferred upon Sellers
<br />pursuant to Code of Civil Procedure sections 1245.245 and 1263 .615 and 1263.025; and attorney 's
<br />fees and costs . It being understood that this is a complete and full settlement of all acquisition cl aims,
<br />liabilities, or benefits of any type or nature whatsoever relating to or in connection with the acquisition
<br />of the Property by Buyer. This release shall survive the Close of Escrow.
<br />B . This Agreement arose out of Buyer's efforts to acquire the Property through its municipal authority .
<br />Seller, on behalf of himself, his heirs, executors , administrators , successors and ass i gns , hereby fully
<br />releases Buyer, its successors , agents , representatives (including attorneys), and assigns , and all
<br />other persons and associations, known or unknown, from all claims and causes of action by reason of
<br />any damage which has been sustained by Seller, or may be susta ined by Seller, as a resu lt of Buyer's
<br />efforts to acquire the Property or to construct the works of improvement thereon, or any pre l iminary
<br />steps thereto . This Agreement does not, and shall not be construed to , require Seller to indemnify
<br />Buyer for damages which may arise as a result of Buyer's efforts to construct improvements on the
<br />Property .
<br />This acknowledgment and release shall surv ive the Close of Escrow.
<br />14. Notices. The mailing address of the City of Santa Ana is 20 Civ ic Center Plaza , M-36 , P.O . Box
<br />1988, in the City of Santa Ana 92701, County of Orange, State of California. The mail ing address of the
<br />Seller is 2247 S. Evergreen Street, Santa Ana, CA 92707 .
<br />15. Exceptions . City agrees to accept title to said real property subject to the following: NONE .
<br />16. Entire Agreement. It is mutually agreed that the Parties hereto have herein set forth the whole of
<br />their Agreement. Performance of this PSA by City shall lay at rest, each, every, and all issue(s) that were
<br />raised or could have been raised in connection with the acquisition of Said Real Property by City .
<br />17. Hazardous Waste. Neither Seller nor, to the best of Seller's knowledge , any previous owner, tena nt,
<br />occupant, or user of the Property used , generated, released , discharged , stored , or disposed of any
<br />hazardous waste , to xic substances , or related materia ls ("Hazardous Materials") on , under, in, or about the
<br />Property , or transported any Hazardous Materials to or from the Property . Seller shall not cause or permit the
<br />presence , use, generation, release , discharge , storage , or disposal of any Hazardous Materials on , under, i n,
<br />or about, or the transportation of any Hazardous Materials to or from , the Property . The term "Hazardous
<br />Material" shall mean any substance , material, or waste which is or becomes regulated by any loca l
<br />governmental authority , the State of California, or the United States Government , including , but not limited to ,
<br />any material or substance wh ich is (i) defined as a "hazardous waste", "extremely hazardous waste", or
<br />"restricted hazardous waste" under Section 25115, 25117 or 25122 .7, or listed pursuant to Section 25140 of
<br />the California Health and Safety Code, Division 20 , Chapter 6.5 (Hazardous Waste Control Law), (i i) defined
<br />as "hazardous substance" under Section 25316 of the California Health and Safety Code , Div ision 20 ,
<br />Chapter 6.8 (Carpenter-Presley-Tanner Hazardous Substance Accoun t Act), (iii) defined as a "hazardous
<br />material ", "hazardous substance ", or "hazardous waste " under Section 25501 of the Ca lifornia Health and
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