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Item 25 - Warner Avenue Street Improvements (Oak Street to Grand Avenue)
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Item 25 - Warner Avenue Street Improvements (Oak Street to Grand Avenue)
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City Clerk
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Agenda Packet
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Clerk of the Council
Item #
25
Date
9/21/2021
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unsuspected matters. This paragraph applies to all conditions of the property including but not limited to <br />hazardous waste or toxic substances. <br />18. INTENTIONALLY REMOVED. <br />19. INTENTIONALLY REMOVED. <br />20. INTENTIONALLY REMOVED. <br />21. Contingency. It is understood and agreed between the parties hereto that the completion of this <br />transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of <br />the City herein. The execution of these documents and the delivery of same to Escrow Agent constitute <br />s a I dacceptance and approval. <br />22. Modification and Amendment. This PSA may not be modified or amended except in writing <br />signed by the Seller and City. <br />23. Partial Invalidity. Any provision of this PSA that is unenforceable or invalid or the conclusion of <br />which would adversely affect the validity, legality, or enforcement of this PSA shall have no effect, but all <br />the remaining provisions of this PSA shall remain in full force. <br />24. Cal2tions. Captions and headings in this PSA, including the title of this PSA, are for convenience <br />only and are not to be comidered in construing this PSA. <br />L "m_ if n % h h Inwo of <br />29- 'Goverruing ,% mi, Thie INZA Sh-all. be rgoverned and ionmr, led in n— rdan- wif + <br />the State of California. <br />26. No Reliance By One Pa& On The Other. Each party has received independent legal advice from <br />its attorneys With rC-t§066t to the advisability of executing this PSA and the meaning of th6i provisions h&66f. <br />The provisions of this PSA shall be construed as to their fair meaning, and not for or against any party based <br />upon any attribution to such party as the source of the language in question. <br />27. No Third Party Beneficiary. This PSA is intended to benefit only the Parties hereto and no other <br />person or entity has or shall acquire any rights hereunder. <br />28. Duty To Cooperate Further. Each party hereby agrees that it shall, upon request of the other, <br />execute and deliver such further documents On form and substance reasonably acceptable to the party to <br />be charged) and do such other acts and things as are reasonably necessary and appropriate to effectuate <br />the terms and conditions of this PSA, without cost. <br />2.9 ; Applicability of Agreement To A&g1gD-e-9—s. This PSA ahall be binding upon and ahall inure to, the <br />benefit of the successors and assigns of the Parties to this PSA. <br />30. Authority to Execute Agreement. Each undersigned represents and warrants that its signature <br />herein below has the power, authority and right to bind their respective parties to each of the terms of this <br />PSA, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or <br />d6ftages to City ih th& &6ht th6t such authority of P&W& is not, in ffidt, h0d by the iMoh.M&Y 6e is Withdi;aWh. <br />
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