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approval of Buyer. Seller hereby agrees not to rent any units on the premises which are now vacant, or which <br />may be vacated by present occupants prior to close of escrow. Seller agrees that any and all Tenant Security <br />Deposits pertaining to the subject property collected by or in the possession of Seller prior to the close of <br />escrow shall be transferred to and become the property of Buyer during escrow. <br />Seller hereby warrants that the rental statement referred to shall include the terms of all rental agreements, <br />tenancies, and leases (written, unwritten, recorded, or unrecorded) and Seller agrees to hold Buyer harmless <br />from all liability from any such leases or agreements. Seller also warrants that there are no oral or written <br />leases on all or any portion of the subject property exceeding a period of one month. <br />9. Waivers. The waiver by City of any breach of any covenant or agreement herein contained on the part <br />of Seller 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 />10. Heirs, Assigns, Successors in Interest. This Agreement, and all the terms, covenants and conditions <br />hereof, shall apply to and bind the heirs, executors, administrators, successors and assigns of the respective <br />parties hereto. <br />11. Time is of the Essence. In all matters and things hereunder to be done and in all payments hereunder <br />to be made, time is and shall be of the essence. <br />12. Permission to Enter on Premises. Seller hereby grants City, and its authorized agents, permission to <br />enter upon said real property at all reasonable times prior to close of escrow for the purpose of making <br />necessary inspections. <br />13. Just Compensation. Seller acknowledges and agrees that said purchase price is just compensation at <br />fair market value for said real property and includes payment for fixtures & equipment (improvements pertaining <br />to the realty), goodwill (if any), and severance damages. <br />14. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M-36, P.O. Box 1988, <br />in the City of Santa Ana 92702, County of Orange, State of California. The mailing address of the Seller is: <br />Hadi. M. Moraveji <br />22116 Broken Bow Drive <br />Lake Forest, CA 92630 <br />15. Exceptions. City agrees to accept title to said real property subject to the following: NONE. <br />16. Entire Agreement It is mutually agreed that the parties hereto have herein set forth the whole of their <br />Agreement. Performance of this Agreement by City shall lay at rest, each, every, and all issue(s) that were <br />raised or could have been raised in connection with the acquisition of said real property by City. <br />17. Hazardous Waste. Neither Seller nor, to the best of Seller'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. Seller 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, <br />the 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" <br />under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety <br />Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance" under <br />Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter-Presley-Tanner <br />Hazardous Substance Account Act), (iii) defined as a "hazardous material", "hazardous substance", or <br />25A-7