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M Waivers. The waiver by City of any breach of any covenant or agreement herein contained <br />on the part of the Seller shall not be deemed or held to be a waiver of any subsequent or other <br />breach of said covenant or agreement nor a waiver of any breach of any other covenants or <br />agreements contained herein. <br />11. Heirs, Assigns, Successors-in-loterest. This PSA, and all the terms, covenants and <br />conditions hereof, shall apply to and bind the heirs, executors, administrators, successors and <br />assigns of the respective Parties hereto. <br />12. Time Is of the Essence. In all matters and things hereunder to be done and in all payments <br />hereunder to be made, time Is and shall be of the essence. <br />13. Just Compensation. Seller acknowledges and agrees that said purchase price is just <br />compensation at fair market value for said real property. <br />14, Acknowledgment of Full Benefits and Release <br />A. By execution of this Agreement, Seller, on behalf of himself, his heirs, executors, <br />administrators, successors and assigns, hereby acknowledges that this Agreement provides <br />full payment for the acquisition of the Property by Buyer, and Seller hereby expressly and <br />unconditionally waives any claim for compensation for injury to the remainder ("severance <br />damages'); precondemnation damages; claims for inverse condemnatlon; loss or impairment <br />of any "bonus value" attributable to any lease; damage to or loss of improvements pertaining <br />to the realty; any right to repurchase, leaseback from Seller, or receive any financial gain <br />from, the sale of any portion of the Property , or challenge Buyer's adoption of a resolution of <br />necessity, pursuant to Code of Civil Procedure sections 1245.245; any right to receive any <br />notices pursuant to Code of Civil Procedure section 1245.245; any right to enforce any other <br />obligation placed upon Seller pursuant to Cade of Civil Procedure sections 1245.245, <br />1263.025 and 1263.615; any other rights conferred upon Sellers pursuant to Code of Civil <br />Procedure sections 1245.245 and 1263.615 and 1263.025; and attorney's fees and costs. It <br />being understood that this is a complete and full settlement of all acquisition claims, liabilities, <br />or benefits of any type or nature whatsoever relating to or in connection with the acquisition of <br />the Property by Buyer. This 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 <br />construct the works of improvement thereon, or any preliminary steps thereto. This <br />Agreement does not, and shall not be construed to, require Seller to indemnify Buyer for <br />damages which may arise as a result of Buyer's efforts to construct improvements on the <br />Property. <br />This acknowledgment and release shall survive the Close of Escrow. <br />15, Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M-36, P.O. <br />Box 1988, in the Clty of Santa Ana 92701, County of Orange, State of California. The mailing <br />address of the Seller is 1302 W. Saint Andrew Place, Santa Ana, CA 92704, <br />16. Exceptions. City agrees to accept title to said real property subject to the following: NONE. <br />25D-8 <br />