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<br />All time limits within which any matter herein specified is to be performed may be
<br />extended by mutual agreement of the parties hereto. Any amendment of, or supplement
<br />to, any instructions must be in writing.
<br />
<br />TIME IS OF THE ESSENCE IN THESE INSTRUCTIONS AND ESCROW IS TO CLOSE
<br />AS SOON AS POSSIBLE.
<br />
<br />6. ESCROW FEES. CHARGES AND COSTS. Buyer agrees to pay all Buyer's and Seller's
<br />usual fees, charges, and costs which arise in this escrow.
<br />
<br />7. FULL AND COMPLETE SETTLEMENT. Seller hereby acknowledges that the
<br />compensation paid to Seller through this Agreement constitutes the full and complete
<br />settlement of any and all claims against Buyer, by reason of Buyer's acquisition of the
<br />Property, specifically including, but not limited to, any and all damage to Seller's
<br />remainder property by reason of the acquisition of the subject Property or the installation
<br />of the improvement project in the manner proposed, the value of improvements
<br />pertaining to the realty, leasehold improvements, any and all claims of rental or
<br />leasehold value and loss of business goodwill (excluding relocation benefits, if any), and
<br />any and all claims in inverse condemnation and for precondemnation damages, and any
<br />and all other claim that Seller may have, whether or not specifically mentioned here,
<br />relating directly or indirectly to the acquisition by Buyer of this subject Property; however
<br />Seller and Buyer, and each and all of their individual collective agents representatives,
<br />attorneys, principals, predecessors, successors, assigns, administrators, executors,
<br />heirs, and beneficiaries, hereby release the other party, and each of them, from any and
<br />all obligations, liabilities, claims, costs, expenses, demands, debts, controversies,
<br />damages, causes of action, including without limitations those relating to just
<br />compensation, damages, which any of them now have, or might hereafter have by
<br />reason of any matter or thing arising out or in any way relating to any condemnation
<br />action affecting the subject Property.
<br />
<br />8. CONSTRUCTION CONTRACT AND CURATIVE WORK.
<br />
<br />a. It is understood and agreed by and between the parties hereto in addition to the
<br />compensation shown in Paragraph 2 hereinabove, the Buyer, its contractors or
<br />assigns, shall perform the following construction contract items at the time of the
<br />instailation of the proposed project
<br />
<br />i. Remove Seller's existing chain link fence.
<br />
<br />ii. Install 8-foot high, continuous temporary fencing with sight shielding along
<br />the temporary construction easement area (north side of the property)
<br />completely securing the property from the construction zone. It is further
<br />understood that when the use of said temporary easement is no longer
<br />required which shall not extend beyond the completion of the construction
<br />project, said parcel shall be cleared of all debris and left in a neat, clean
<br />and presentable condition.
<br />
<br />i1i. Construct new sound barrier wall along State property to replace Seller's
<br />chain link fence.
<br />
<br />iv. Extend the side walls I fence to the new sound barrier wall in like kind.
<br />
<br />All work performed under this Agreement shall conform to all applicable building,
<br />fire and sanitary laws, ordinances and regulations relating to such work and shall
<br />be completed in a good and workmanlike manner. All structures, improvements
<br />or other facilities. when removed, and relocated or reconstructed by the Buyer,
<br />shall be left in as good condition as found.
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<br />Page 20f4
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