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(d) Recordation of the Deed conveying said real property to Developer. <br />7. Possession. Agency agrees to deliver to Developer, on the date the Deed conveying said real property to <br />Developer is recorded, quiet and peaceful possession of said real property, which shall be made free by Agency <br />of all personal property. <br />8. Waivers. The waiver by Developer of any breach of any covenant or agreement herein contained on the <br />part of Agency 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 />9. Heirs, Assi s, Etc. This Agreement, and all the terms, covenants and conditions hereof, shall apply to <br />and 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 <br />be made, time is and shall be of the essence. <br />11. Permission to Enter on Premises. Agency hereby grants Developer, and its authorized agents, <br />permission to enter upon said real property at all reasonable times prior to close of escrow for the purpose of <br />making necessary inspections. <br />12. Just Compensation. Agency acknowledges and agrees that said purchase price is just compensation at <br />fair 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 Developer is 1833 E. 17~' Street, Suite 207, in the City of Santa Ana <br />92705, County of Orange, State of California. The mailing address of the Agency is 20 Civic Center Plaza, M- <br />25, Santa Ana, California, 92702. <br />14. Exceptions. Developer agrees to accept title to said real property subject to the following exceptions: <br />None. <br />15. Entire Agreement. It is mutually agreed that the parties hereto have herein set forth the whole of their <br />sale Agreement. Performance of this Agreement by Developer shall lay at rest, each, every and all issue(s) that <br />were raised or could have been raised in connection with the acquisition of said real property by Developer. <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 <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. Agency 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, the <br />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" under <br />Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, <br />Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance" under Section <br />25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous <br />Substance Account Act), (iii) defined as a "hazardous material", "hazardous substance", or "hazardous waste" <br />3 <br />