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<br />7. Possession. City agrees to deliver to Agency, on the date the Deed conveying said real property to
<br />Agency is recorded, quiet and peaceful possession of said real property, which shall be made free by City of all
<br />personal property.
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<br />8. Waivers. The waiver by Agency of any breach of any covenant or agreement herein contained on the
<br />part of City shall not be deemed or held to be a waiver of any subsequent or other breach of said covenant or
<br />agreement nor a waiver of any breach of any other covenants or agreements contained herein.
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<br />9. Heirs, Assigns, Etc. This Agreement, and all the terms, covenants and conditions hereof, shall apply to
<br />and bind the heirs, executors, administrators, successors and assigns ofthe respective parties hereto.
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<br />10. Time is of the Essence. In all matters and things hereunder to be done and in all payments hereunder to
<br />be made, time is and shall be of the essence.
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<br />11. Permission to Enter on Premises. City hereby grants Agency, and its authorized agents, permission to
<br />enter upon said real property at all reasonable times prior to close of escrow for the purpose of making necessary
<br />inspections.
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<br />12. Just Compensation. City acknowledges and agrees that said purchase price is just compensation at fair
<br />market value for said real property and includes any and all fixtures and equipment, goodwill (if any) and
<br />severance.
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<br />13. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M-37, P.O. Box 1988,
<br />in the City of Santa Ana 92701, State of California. The mailing address of the Agency is 20 Civic Center
<br />Plaza, M-25, Santa Ana, California 92701.
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<br />14.
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<br />Exceptions. Agency agrees to accept title to said real property subject to the following: No Exceptions.
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<br />15. Entire Agreement. It is mutually agreed that the parties hereto have herein set forth the whole of their
<br />Agreement. Performance of this Agreement by Agency 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 Agency.
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<br />16. Hazardous Waste. Neither City nor, to the best of City's knowledge, any previous owner, tenant,
<br />occupant, or user of the Property used, generated, released, discharged, stored, or disposed of any hazardous
<br />waste, toxic substances, or related materials ("Hazardous Materials") on, under, in, or about the Property, or
<br />transported any Hazardous Materials to or from the Property. City shall not cause or permit the presence, use,
<br />generation, release, discharge, storage, or disposal of any Hazardous Materials on, under, in, or about, or the
<br />transportation of any Hazardous Materials to or from, the Property. The term "Hazardous Material" shall mean
<br />any substance, material, or waste which is or becomes regulated by any local governmental authority, the State
<br />of California, or the United States Government, including, but not limited to, any material or substance which is
<br />(i) defined as a "hazardous waste", "extremely hazardous waste", or "restricted hazardous waste" under Section
<br />25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code,
<br />Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance" under Section
<br />25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous
<br />Substance Account Act), (iii) defined as a "hazardous material", "hazardous substance", or "hazardous waste"
<br />under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials
<br />Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under Section 25281 of the
<br />California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances),
<br />(v) petroleum, (vi) asbestos, (vii) polychlorinated biphenyls, (viii) listed under Article 9 or defined as
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