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acquisition of the Property by Buyer, and Seller hereby expressly and unconditionally waives any
<br />claim for compensation for injury to the remainder ("severance damages"); precondemnation
<br />damages; claims for inverse condemnation; loss of goodwill and/or lost profits; loss or
<br />impairment of any "bonus value" attributable to any lease; damage to or loss of improvements
<br />pertaining to the realty; damage to or loss of machinery, fixtures, Inventory, equipment and/or
<br />personal property; 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 Code of Civil Procedure sections 1245.245, 1263.025
<br />and 1263.615; any other rights conferred upon Sellers pursuant to Code of Civil Procedure
<br />sections 1245.245 and 1263.615 and 1263,025; and attorney's fees and costs. It being
<br />understood that this is a complete and full settlement of all acquisition claims, liabilities, or
<br />benefits of any type or nature whatsoever relating to or in connection with the acquisition of the
<br />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 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 as
<br />a result of Buyer's efforts to construct Improvements on the Property.
<br />This acknowledgment and release shall survive the Close of Escrow
<br />14. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M-36, P,O. Box
<br />1988, 1n the City of Santa Ana 92701, County of Orange, State of California. The mailing address of the
<br />Selleris414 W. Elm Avenue, Burbank, CA 91506-3204,
<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
<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 of
<br />any hazardous waste, toxic substances, or related materials ("Hazardous Materials") on, under, in, or
<br />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 from,
<br />the Property. The term "Hazardous Material" shall mean any substance, material, or waste which Is or
<br />becomes regulated by any local governmental authority, the State of California, or the United States
<br />Government, including, but not limited to, any material or substance which is (i) defined as a "hazardous
<br />waste", "extremely hazardous waste", or "restricted hazardous waste" under Section 25115, 25117 or
<br />25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20,
<br />Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance" under Section 25316
<br />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
<br />waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95
<br />(Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance"
<br />under Section 25281 of the California Health and Safety Code, Division 20, Chapter 63 (Underground
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