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9. Heirs, Assigns, Etc. This Agreement, and all the terms, covenants and conditions hereof, shall apply to and
<br />bind the heirs, executors, administrators, successors and 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 payments hereunder to be
<br />made, time is and shall be of the essence.
<br />1 1. Permission to Enter on Premises. Agency hereby grants City, and its authorized agents, permission to enter
<br />upon said real property at all reasonable times prior to close of escrow for the purpose of making necessary
<br />inspections.
<br />12. Just Compensation. Agency acknowledges and agrees that said purchase price is just compensation at fair
<br />market value for said real property and includes any and all fixtures and equipment, goodwill (if any) and
<br />severance.
<br />13. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M-22, P.O. Box 1988, in
<br />the City of Santa Ana 92701, County of Orange, State of California. The mailing address of the Agency is 20
<br />Civic Center Plaza, M-25, Santa Ana, California, 92702.
<br />14. Exce tions. City agrees to accept title to said real property subject to the following: None.
<br />15. 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 raised
<br />or could have been raised in connection with the acquisition of said real property by City.
<br />16. Hazardous Waste. Neither Agency nor, to the best of Agency's knowledge, any previous owner, tenant,
<br />occupant, or user of the Property used, generated, released, discharged, stored, or disposed of any hazardous waste,
<br />toxic substances, or related materials ("Hazardous Materials") on, under, in, or about the Property, or transported
<br />any Hazardous Materials to or from the Property. Agency shall not cause or permit the presence, use, generation,
<br />release, discharge, storage, or disposal of any Hazardous Materials on, under, in, or about, or the transportation of
<br />any Hazardous Materials to or from, the Property. The term "Hazardous Material" shall mean any substance,
<br />material, or waste which is or becomes regulated by any local governmental authority, the State of California, or
<br />the United States Government, including, but not limited to, any material or substance which is (i) defined as a
<br />"hazardous waste", "extremely hazardous waste", or "restricted hazardous waste" under Section 25115, 25117 or
<br />25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5
<br />(Hazardous Waste Control Law), (ii) defined as "hazardous substance" under Section 25316 of the California
<br />Health and Safety Code, Division 20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous Substance Account Act),
<br />(iii) defined as a "hazardous material", "hazardous substance", or "hazardous waste" under Section 25501 of the
<br />California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and
<br />Inventory), (iv) defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code,
<br />Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii)
<br />polychlorinated biphenyls, (viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous"
<br />pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated as
<br />a "hazardous substances" pursuant to Section 311 of the Clean Water Act, (33 U.S.C. S1317), (x) defined as a
<br />"hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. 56901 et
<br />sec . (42 U.S.C. 56903) or (xi) defined as a "hazardous substances" pursuant to Section 101 of the Comprehensive
<br />Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C. 59601 et seg. (42 U.S.C.
<br />59601).
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