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<br />. . <br />i '( . <br /> <br />claims, damages, and expenses (including attorney's fees and interest), relating to or <br />arising out of the ACTION. <br /> <br />4. Notwithstanding any order of the court or prior agreement of the PARTIES, <br />the CITY shall not take possession of the property which is the subject of the ACTION <br />(and which is identified in the Order of Possession) before 12:00 midnight on March 29, <br />2007 (the "POSSESSION DATE"). It is understood and agreed that the WONGS and <br />TAQUERIA TAPATIA shall vacate the property identified in the Order of Possession no <br />later than 12 :00 midnight on March 29, 2007, without the CITY having to take any <br />further action or instituting any legal proceedings to obtain possession. This agreement <br />shall be conclusive proof of the parties' intent that the city take possession of the property <br />by the date and time referenced herein. There shall be no requirement that "notice" or <br />any other due process be afforded to the WONGS or T AQUERIA TAPA TIA prior to the <br />City's taking possession as referenced herein. <br /> <br />5. The CITY and/or its contractor(s) and agents shall work around the <br />WONG's and TAQUERIA TAPATIA's property and restaurant operations to <br />accommodate the WONG's and TAQUERIA TAPATIA's undisturbed continued <br />possession of the property until the POSSESSION DATE. The PARTIES acknowledge, <br />understand, and agree that the intent of the "work around" is to enable the WONGS to <br />occupy the planned new restaurant building (depicted in Exhibit A) and commence <br />restaurant operations therein coincident with closing and vacating the existing restaurant <br />operated by TAQUERIA TAPATIA with the restaurant suffering no down time. Neither <br />the WONGS nor TAQUERIA TAPATIA shall be responsible in any way for any <br />increased costs ofthe CITY's Bristol Street Widening project attributable to the "work <br />around. " <br /> <br />6. Immediately upon expiration of the POSSESSION DATE, the CITY may <br />enter upon the property identified in the Order of Possession and demolish and remove <br />the improvements located on APN 007-212-28, relating to TAQUERIA TAPATIA's fast <br /> <br />4 <br />