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agreement nor a waiver of any breach of any other covenants or agreements contained herein.
<br />9. Heirs, Assigns, Etc. This Agreement, and all the terms, covenants and conditions hereof, shall apply to
<br />and bind the heirs, executors, administrators, successors and 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 payments hereunder to
<br />be made, time is and shall be of the essence.
<br />11. Permission to Enter on Premises. City hereby grants Agency, 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 necessary
<br />inspections.
<br />12. Just Compensation. City acknowledges and agrees that said purchase price is just compensation at fair
<br />market value for said real property and includes any and all fixtures and equipment, goodwill (if any) and
<br />severance.
<br />13. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M-22, P.O. Box 1988,
<br />in the City of Santa Ana 92701, County of Orange, State of California. The mailing address of the Agency is 20
<br />Civic Center Plaza, M-25, Santa Ana, California, 92702.
<br />14. Exceptions. Agency agrees to accept title to said real property subject to the following: None
<br />15. 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 Agency 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 Agency.
<br />16. Hazardous Waste. Neither City nor, to the best of City'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. Agency 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, the
<br />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" under
<br />Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code,
<br />Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance" under Section
<br />25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous
<br />Substance Account Act), (iii) defined as a "hazardous material", "hazardous substance", or "hazardous waste"
<br />under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials
<br />Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under Section 25281 of the
<br />California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances),
<br />(v) petroleum, (vi) asbestos, (vii) polychlorinated biphenyls, (viii) listed under Article 9 or defined as
<br />"hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code,
<br />Division 4, Chapter 20, (ix) designated as a "hazardous substances" pursuant to Section 311 of the Clean Water
<br />Act, (33 U.S.C. 51317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource
<br />Conservation and Recovery Act, 42 U.S.C. 56901 et sec . (42 U.S.C. 56903) or (xi) defined as a "hazardous
<br />substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, as
<br />EXHIBIT 2 3
<br />8OA-7
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