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S. RIGHT OF POSSESSION <br />Seller hereby grants Buyer and its representatives, agents, consultants and <br />contractors, physical and legal possession of the Property effective as of the Close of <br />Escrow. <br />AS IS CONDITION <br />Buyer shall rely solely and exclusively upon the results of its Due Diligence <br />Investigations of the Property with regard to any physical condition or state of the Property. <br />By completing the purchase of the Property following its Due Diligence Investigations, <br />Buyer evidences its unconditional acceptance of the condition of the Property. Buyer <br />acknowledges and agrees that Buyer is purchasing the Property on an "AS -IS," "WHERE - <br />IS" basis. Buyer is not offering to purchase the property based on any representation by <br />Seller or Seller's agent except those expressly set forth in Section 3.1. Buyer hereby <br />acknowledges that the purchase of the Property is without warranties of any kind from <br />Seller, expressed or implied, except as expressly set forth in Section 3.1, as to the <br />condition of the Property or its improvements, if any, including, without implied limitation, <br />soils, access to the Property or to utilities, appliances, structure utility systems, roof, <br />foundation, landscaping or any other component of the Property. Seller does not warrant <br />that the Property conform with any ordinances, including, without implied limitation, zoning <br />or building ordinances. <br />8. MISCELLANEOUS <br />8,1 Notice <br />Any notice to be given or other document or documents to be delivered to <br />either party by the other hereunder may be delivered (a) in person, (b) by overnight courier, <br />(c) by facsimile or as a PDF or similar attachment to an email (provided that such facsimile <br />or email attachment shall be followed within one (1) business day by delivery of such notice <br />pursuant to clause (a), (b) or (d)), or (d) by United States Mail in the State of California, duly <br />registered or certified, with postage prepaid, and addressed as follows: <br />Seiler: City of Santa Ana <br />20 Civic Center Plaza <br />P.O. Box 1988 <br />Santa Ana, CA 92702 <br />Attn: Executive Director, CDA <br />Buyer: Rupen Akoubian <br />NAPA Auto Parts <br />515 E. First Street <br />Santa Ana, CA 92701 <br />7 <br />