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any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 27.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