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10. 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- Interest. 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 or 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 Pull 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 condemnation; 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 Code 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 City of Santa Ana 92701, County of Orange, State of California. The mailing
<br />address of the Seller is 1242 W. Saint Andrew Place, Santa Ana, CA 92707
<br />16. Exceptions. City agrees to accept title to said real property subject to the following: NONE.
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