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• pertaining to the subject property collected by or in the possession of Seller prior to the close of escrow shall be
<br />'transferred to and become the property of Buyer during escrow.
<br />Seller hereby warrants that the rental statement referred to shall include the terms of all rental agreements,
<br />tenancies, and leases (written, unwritten, recorded, or unrecorded) and Seller agrees to hold Buyer harmless
<br />from all liability from any such leases or agreements. Seller also warrants that there are no oral or written
<br />leases on all or any portion of property, exceeding a period of one month.
<br />9• Waivers. The waiver by City of any breach of any covenant or agreement herein contained on the part
<br />of Seller 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.
<br />10. Heirs. Assians Successors in Interest. This Agreement, and all the terms, covenants and conditions
<br />hereof, shall apply to and bind the heirs, executors, administrators, successors and assigns of the respective
<br />parties hereto.
<br />11. Time is of the Essence. In all matters and things hereunder to be done and in all payments hereunder
<br />to be made, time is and shall be of the essence.
<br />12. Permission to Enter on Premises. Seller hereby grants City, 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
<br />necessary inspections.
<br />13. Just Compensation. Seller acknowledges and agrees that said purchase price is just compensation at
<br />fair market value for said real property, improvements pertaining to the realty and business goodwill (if any.)
<br />14. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M-36, P.O. Box 1988,
<br />in the City of Santa Ana 92702, County of Orange, State of California. The mailing address of the Seller is:
<br />1301 Raymar
<br />Santa Ana, CA 92703
<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 their
<br />Agreement. Performance of this Agreement 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, 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. Seller shall not cause or permit the presence,
<br />use, generation, release, discharge, storage, or disposal of any Hazardous Materials on, under, in, or about, or
<br />the transportation of any Hazardous Materials to or from, the Property. The term "Hazardous Material" shall
<br />mean any substance, material, or waste which is or becomes regulated by any local governmental authority,
<br />the State of California, or the United States Government, including, but not limited to, any material or substance
<br />which is (i) defined as a "hazardous waste", "extremely hazardous waste", or "restricted hazardous waste"
<br />under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety
<br />Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance" under
<br />Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter-Presley-Tanner
<br />Hazardous Substance Account Act), (iii) defined as a "hazardous material", "hazardous substance", or
<br />"hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95
<br />(Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under
<br />Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of
<br />Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated biphenyls, (viii) listed under Article 9
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