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any claim for compensation for injury to the remainder ("severance damages")
<br />precondemnation damages; claims for inverse condemnation; loss or impairment of any "bonus
<br />value" attributable to any lease; damage to or loss of improvements pertaining to the realty; any
<br />right to repurchase, leaseback from Seller, or receive any financial gain from, the sale of any
<br />portion of the Property , or challenge Buyer's adoption of a resolution of necessity, pursuant to
<br />Code of Civil Procedure sections 1245.245; any right to receive any notices pursuant to Code
<br />of Civil Procedure section 1245.245; any right to enforce any other obligation placed upon Seller
<br />pursuant to Code of Civil Procedure sections 1245.245, 1263.025 and 1263.615; any other
<br />rights conferred upon Defendants pursuant to Code of Civil Procedure sections 1245.245 and
<br />1263.615 and 1263.025; and attorney's fees and costs It being understood that this is a
<br />complete and full settlement of all acquisition claims, liabilities, or benefits of any type or nature
<br />whatsoever relating to or in connection with the acquisition of the Property by Buyer. This
<br />release shall survive the Close of Escrow.
<br />B. This Agreement arose out of Buyer's efforts to acquire the Property through its municipal
<br />authority. Seller, on behalf of himself, his heirs, executors, administrators, successors and
<br />assigns, hereby fully releases Buyer, its successors, agents, representatives (including
<br />attorneys), and assigns, and all other persons and associations, known or unknown, from all
<br />claims and causes of action by reason of any damage which has been sustained by Seller, or
<br />may be sustained by Seller, as a result of Buyer's efforts to acquire the Property or to construct
<br />the works of improvement thereon, or any preliminary steps thereto. This Agreement does not,
<br />and shall not be construed to, require Seller to indemnify Buyer for damages which may arise
<br />as a result of Buyer's efforts to construct improvements on the Property.
<br />14. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M-36, P.O.
<br />Box 1988, in the City of Santa Ana 92701, County of Orange, State of California. The mailing address
<br />of the Seller is 1306 W. Carlton Place, Santa Ana, CA 92707.
<br />16. 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
<br />of their Agreement. Performance of this PSA by City shall lay at rest, each, every, and all issue(s) that
<br />were 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,
<br />tenant, occupant, or user of the Property used, generated, released, discharged, stored, or disposed
<br />of any hazardous waste, toxic substances, or related materials ("Hazardous Materials") on, under, in,
<br />or about the Property, or transported any Hazardous Materials to or from the Property. Seller shall not
<br />cause or permit the presence, use, generation, release, discharge, storage, or disposal of any
<br />Hazardous Materials on, under, in, or about, or the transportation of any Hazardous Materials to or
<br />from, the Property. The term "Hazardous Material" shall mean any substance, material, or waste which
<br />is or becomes regulated by any local governmental authority, the State of California, or the United
<br />States Government, including, but not limited to, any material or substance which is (i) defined as a
<br />"hazardous waste", "extremely hazardous waste", or "restricted hazardous waste" under Section
<br />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
<br />Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8
<br />(Carpenter -Presley -Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous material",
<br />"hazardous substance", or "hazardous waste" under Section 25501 of the California Health and Safety
<br />Code, Division 20, Chapter 6,95 (Hazardous Materials Release Response Plans and Inventory), (iv)
<br />defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code,
<br />Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi)
<br />asbestos, (vii) polychlcrinated biphenyls, (viii) listed under Article 9 or defined as "hazardous" or
<br />25E-8
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