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Seller hereby warrants that the rental statement referred to shall include the terms of all rental agreements, tenancies, and leases (written, unwritten, recorded, or unrecorded). Seller also warrants that there are no oral or written leases on all or any portion of property, exceeding a period of one month. 9. Waivers. The waiver by City of any breach of any covenant or agreement herein contained on the part of Seller shall not be deemed or held to be a waiver of any subsequent or other breach of said covenant or agreement nor a waiver of any breach of any other covenants or agreements contained herein. 10. Heirs, Assigns, Successors in Interest. This Agreement, and all the terms, covenants and conditions hereof, shall apply to and bind the heirs, executors, administrators, successors and assigns of the respective parties hereto. 11. Time is of the Essence. In all matters and things hereunder to be done and in all payments hereunder to be made, time is and shall be of the essence. 12. (Intentionally omitted). 13. Tenants: Neither the City nor its agents shall negotiate with and /or contact the tenants in the Property until Escrow closes. 14. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, Attn: Kent Jorgensen M -36, P.O. Box 1988, in the City of Santa Ana 92702, County of Orange, State of California. The mailing address of the Seller is: TF Investments, LLC C/O Richard L. Riemer P.O. Box 6467 Santa Ana, CA 92706 15. Title. City agrees to accept title to said real property in its current condition per the preliminary title report dated October 7, 2010. In addition, all monetary liens being recorded prior to the close of escrow shall be cleared. 16. Entire Agreement. It is mutually agreed that the parties hereto have herein set forth the whole of their Agreement. Performance of this Agreement by City shall lay at rest, each, every, and all issue(s) that were raised or could have been raised in connection with the acquisition of said real property by City. 17. Water Heater. Notwithstanding the closing of the Escrow as it relates to the real property, Escrow shall continue to hold $500 of the City's money until the City makes the water heater described in paragraph 6 above available to the Seller or until May 1, 2011 whichever first occurs. If the City has not made such water heater available to Seller by May 1, 2011 for whatever reason (eg. the tenant has not vacated the unit, the new water heater has `disappeared' or whatever) then, and in that event, Escrow Agent shall pay the $500 to Seller. 18. "As -Is" Sale. The City acknowledges and agrees that the sale of the Property as provided for in this Agreement is being made on an "AS IS, WHERE IS" condition and basis "WITH ALL FAULTS ", with no right of setoff or reduction in the Purchase Price. In furtherance thereof, the City hereby acknowledges and agrees as follows: 3 25K -17