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8. Waivers. The waiver by City of any breach of any covenant or agreement herein
<br />contained on the part of the Seller shall not be deemed or held to be a waiver of any
<br />subsequent or other breach of said covenant or agreement nor a waiver of any breach of any
<br />other covenants 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 agents,
<br />permission to enter upon Said Real Property at all reasonable times prior to recordation of the
<br />Grant Deed for the purpose of making necessary inspections.
<br />12. Notices. The mailing address of the Seller of the Seller of Santa Ana is 20 Civic Center
<br />Plaza, M-36, P.O. Box 1988, in the Seller of Santa Ana 92701, County of Orange, State of
<br />California. The mailing address of the Seller is:
<br />Jose G. Contreras
<br />1250 W. Camile Street
<br />Santa Ana, CA 92703
<br />13. Entire Agreement. It is mutually agreed that the Parties hereto have herein set forth the
<br />whole of their Agreement. Performance of this PSA by City shall lay at rest, each, every, and alt
<br />issue(s) that were raised or could have been raised in connection with the acquisition of Said
<br />Real Property by City.
<br />14. Expiration of Agreement. This PSA shall terminate and become unenforceable by any
<br />Party if City has not completed the acquisition of Said Real Property and paid the Purchase
<br />Price therefore to Seller before August 1, 2009.
<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, or (ii) the violation, or alleged violation, of any statute,
<br />ordinance, order, rule, regulation, permit, judgment, or license relating to the use, generation,
<br />release, discharge, storage, disposal, or transportation of Hazardous Materials on, under, in, or
<br />about, 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.
<br />16. Modification and Amendment. This PSA may not be modified or amended except in
<br />writing signed by the Seller and City.
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