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8. Waivers. The waiver by City of any breach of any covenant or agreement herein contained on the
<br />part of the Seller shall not be deemed or held to be a waiver of any subsequent or other breach of said
<br />covenant or agreement nor a waiver of any breach of any other covenants or agreements contained herein.
<br />9. Heirs, Assigns, Successors-in-Interest. This PSA, and all the terms, covenants and conditions
<br />hereof, shall apply to and bind the heirs, executors, administrators, successors and assigns of the
<br />respective Parties hereto.
<br />10. Time is of the Essence. In all matters and things hereunder to be done and in all payments
<br />hereunder to be made, time is and shall be of the essence.
<br />11. Permission to Enter on Premises. Seller hereby grants City, and its authorized agents, permission
<br />to enter upon Said Real Property at all reasonable times prior to recordation of the Grant Deed for the
<br />purpose of making necessary inspections.
<br />12. Notices. The mailing address of the Seller of the Seller of Santa Ana is 20 Civic Center Plaza,
<br />M-36, P.O. Box 1988, in the Seller of Santa Ana 92701, County of Orange, state of California. The
<br />mailing address of the Seller is:
<br />ALICIA DUENAS
<br />1242 W. CHESTNUT AVENUE
<br />SANTA ANA, CA 92703
<br />13. Entire Agreement. It is mutually agreed that the Parties hereto have herein set forth the whole of
<br />their Agreement. Performance of this PSA 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 />14. Expiration of Agreement. This PSA shall terminate and become unenforceable by any Party if
<br />City has not completed the acquisition of Said Real Property and paid the Purchase Price therefore to
<br />Seller before September 31, 2008.
<br />15. Indemnity. Seller agrees to indemnify, defend and hold the City hazmless from and against
<br />any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage,
<br />or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon
<br />(i) the presence, release, use, generation, dischazge, storage, or disposal of any Hazazdous Material on,
<br />under, in or about, or the transportation of any such materials to or from, the Property, or (ii) the
<br />violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment, or
<br />license relating to the use, generation, release, dischazge, storage, disposal, or transportation of Hazardous
<br />Materials on, under, in, or about, to or from, the Property. This indemnity shall include, without limitation,
<br />any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim,
<br />action, suit or proceeding for personal injury (including sickness, disease, or death, tangible or
<br />intangible property damage, compensation for lost wages, business income, profits or other economic loss,
<br />damage to the natural resource or the environment, nuisance, pollution, contamination, leak, spill,
<br />release, or other adverse effect on the environment). This indemnity extends only to liability created prior
<br />to or up to the date this escrow shall close. Seller shall not be responsible for acts or omissions to act post
<br />close of this escrow.
<br />16. Modification and Amendment. This PSA may not be modified or amended except in writing
<br />signed by the Seller and City.
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