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for any injuries or damages to City in the event that such authority or power is not, in fact, held by the <br /> signatory or is withdrawn. <br /> 27. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be <br /> incorporated as if fully set forth in the body of this Agreement. <br /> 28. Condition of Proaertv. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS <br /> AGREEMENT OR IN ANY DOCUMENTS TO BE DELIVERED BY SELLER TO CITY AT THE <br /> CLOSING, SELLER HAS NOT MADE, AND CITY HAS NOT RELIED ON: ANY INFORMATION, <br /> PROMISE, REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, REGARDING THE <br /> PROPERTY TO BE CONVEYED HEREUNDER (WHETHER MADE BY SELLER, ON SELLER'S <br /> BEHALF OR OTHERWISE) INCLUDING, WITHOUT LIMITATION, THE PHYSICAL CONDITION OF <br /> THE PROPERTY, TITLE TO OR THE BOUNDARIES OF THE PROPERTY, PEST CONTROL <br /> MATTERS, SOIL CONDITIONS, THE PRESENCE, EXISTENCE OR ABSENCE OF HAZARDOUS <br /> MATERIALS, TOXIC SUBSTANCES OR OTHER ENVIRONMENTAL MATTERS, COMPLIANCE <br /> WITH BUILDING, HEALTH, SAFETY, LAND USE AND ZONING LAWS, REGULATIONS AND <br /> ORDERS, STRUCTURAL AND OTHER ENGINEERING CHARACTERISTICS, TRAFFIC PATTERNS, <br /> MARKET DATA, ECONOMIC CONDITIONS OR PROJECTIONS, THE ADEQUACY OF THE <br /> PROPERTY FOR CITY'S INTENDED USE, AND ANY OTHER INFORMATION PERTAINING TO <br /> THE PROPERTY OR THE MARKET AND PHYSICAL ENVIRONMENTS IN WHICH IT IS LOCATED. <br /> THIS SECTION 28 SHALL SURVIVE THE CLOSING. <br /> 29. Disclosure Notice. City and Seller acknowledge that City hereby waives any requirement that <br /> Seller disclose if the Property lies within any natural hazard areas or zones. <br /> 30. Environmental Reliance. City hereby acknowledges and agrees that Seller previously <br /> conducted certain inquiries and investigations respecting the environmental condition of the Property <br /> and in connection therewith obtained a Phase I Environmental Site Assessment, dated as of May 22, <br /> 2003, prepared by ATC Associates Inc. (the "Environmental Report"). City agrees further that for <br /> purposes of California Health and Safety Code Section 25359.7, Seller has acted reasonably in relying <br /> solely upon the Environmental Report and the delivery of such report constitutes written notice to City <br /> under such code section. <br /> 31. Failure to Close. IF ESCROW FAILS TO CLOSE DUE TO A DEFAULT BY EITHER PARTY <br /> UNDER THIS AGREEMENT, THE PARTIES AGREE THAT THE NON-DEFAULTING PARTY'S SOLE <br /> AND EXCLUSIVE REMEDIES SHALL BE: <br /> (a) TO SEEK AN ACTION FOR SPECIFIC PERFORMANCE OF THE OTHER PARTY'S I'~ <br /> OBLIGATIONS HEREUNDER (WHICH ACTION FOR SPECIFIC PERFORMANCE MUST BE FILED <br /> AND SERVED UPON SUCH OTHER PARTY WITHIN THIRTY (30) DAYS AFTER THE FAILURE TO <br /> CLOSE), OR <br /> (b) TO TERMINATE THIS AGREEMENT (IN WHICH CASE, EXCEPT AS OTHERWISE <br /> SET FORTH HEREIN AS EXPRESSLY SURVIVING A TERMINATION OF THIS AGREEMENT AND <br /> <br /> THE PARTIES' DUTIES UNDER THIS SECTION, THE RESPECTIVE RIGHTS, DUTIES AND <br /> OBLIGATIONS OF THE PARTIES UNDER THIS AGREEMENT SHALL FORTHWITH TERMINATE <br /> <br /> WITHOUT FURTHER LIABILITY) AND RECOVER, AS LIQUIDATED DAMAGES THE AMOUNT OF <br /> <br /> $25,000. NEITHER PARTY SHALL HAVE NO RIGHT TO RECOVER ANY LOST PROFITS, <br /> INCIDENTAL OR CONSEQUENTIAL DAMAGES. <br /> Page 5 of 24 <br /> 25A-33 <br /> <br />