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<br /> 7. Possession. Seller agrees to deliver to City, on the date the Grant Deed conveying
<br /> Said Real Property to City is recorded, quiet and peaceful possession of Said Real Property.
<br /> 8. Waivers. The waiver by City of any breach of any covenant or agreement herein
<br /> contained on the part of Seller shall not be deemed or held to be a waiver of any subsequent or
<br /> other breach of said covenant or agreement nor a waiver of any breach of any other covenants
<br /> or agreements contained herein.
<br /> 9. Heirs. Assigns. Successors in Interest. This PSA, and all the terms, covenants and
<br /> conditions hereof, shall apply to and bind the heirs, executors, administrators, successors and
<br /> assigns of the respective parties hereto.
<br /> 10. Time is of the Essence. In all matters and things hereunder to be done and in all
<br /> payments 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
<br /> agents, permission to enter upon Said Real Property at all reasonable times prior to recordation
<br /> of the Grant Deed for the purpose of making necessary inspections.
<br /> 12. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M-36,
<br /> P.O. Box 1988, in the city of Santa Ana 92702, County of Orange, State of California. The
<br /> mailing address of the Seller is:
<br /> 1305 West Raymar Street
<br /> Santa Ana, California 92703
<br /> 13. Entire Agreement. It is mutually agreed that the Parties hereto have herein set forth
<br /> the whole of their Agreement. Performance of this PSA by City shall lay at rest, each, every,
<br /> and all issue(s) that were raised or that could have been raised in connection with the
<br /> acquisition of Said Real Property by City.
<br /> 14. Expiration of Agreement. This PSA shall terminate and become unenforceable by any
<br /> Part if City has not completed the acquisition of Said Real Property and paid the Purchase Price
<br /> therefore to Seller before October 31, 2008.
<br /> 15. Indemnity. Seller agrees to indemnify, defend and hold the City harmless from and
<br /> against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty,
<br /> punitive damage, or expense (including, without limitation, attorneys' fees), resulting from,
<br /> arising out of, or based upon (i) the presence, release, use, generation, discharge, storage, or
<br /> disposal of any Hazardous Material on, under, in or about, or the transportation of any such
<br /> materials to or from, the Property. This indemnity shall include, without limitation, any damage,
<br /> liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim, action,
<br /> 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
<br /> economic loss, damage to the natural resource or the environment, nuisance, pollution,
<br /> contamination, leak, spill, release, or other adverse effect on the environment). This indemnity
<br /> extends only to liability created prior to or up to the date this escrow shall close. Seller shall not
<br /> be responsible for acts or omissions to act post close of this escrow.
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<br /> Seller's Initials
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