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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; provided, however, Seller <br />shall not release Buyer from or with respect to any claims or causes of actions resulting or arising <br />from Buyer's gross negligence or willful conduct in connection with such efforts by Buyer. This <br />Agreement does not, and shall not be construed to, require Sellerto indemnify Buyer for damages <br />which may arise as a result of Buy ffnds_ to_ constr_ uc t _I.m.prAUements_on_the- Property <br />C. Seller hereby acknowledges that it either has consulted with legal counsel, or had <br />an opportunity to consult with legal counsel, regarding the provisions of the California Civil Code <br />section 1542, which provides as follows: <br />"A general release does not extend to claims which the creditor does not know or suspect <br />to exist In his or her favor at the time of executing the release, which if known by him or <br />her must have materially affected his or her settlement with the debtor." <br />Seller acknowledges that it may have sustained damage, loss, costs or expenses which are <br />presently unknown and unsuspected, and such damage, loss, costs or expenses which may have <br />been sustained, may give rise to additional damage, loss, costs or expenses in the future. <br />Nevertheless, Seller hereby acknowledges that this Agreement has been negotiated and agreed <br />upon in light of that situation, and hereby expressly waives any and all rights which Seller may <br />have under California Civil Code Section 1542, or under any statute or common law or equitable <br />principal of similar effect. <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, <br />P,O. Box 1988, in the City of Santa Ana 92701, County of Orange, State of California. The mailing <br />address of the Seller is c/o World Oil Corp., 9302 Garfield Avenue, South Gate, California 90280, <br />attn: Edward L. Kaufman, Esq. <br />16. Exceptions. City agrees to accept title to said real property subject to the following <br />exceptions: All matters of record and all matters that would be disclosed by an accurate survey <br />or visible from an inspection of said real property as of the closing date (the "Permitted <br />Exceptions "). Notwithstanding anything to the contrary contained herein, City shall have the right <br />to terminate this Agreement at any time prior to the date that is sixty (60) days after City executes <br />this Agreement if City disapproves any matters that are disclosed by an accurate survey or visible <br />from an inspection of said real property. <br />16. Entire Agreement. It is mutually agreed that the Parties hereto have herein set forth the <br />whole of their Agreement, Performance of this PSA by City shall lay at rest, each, every, and all <br />issue(s) that were raised or could have been raised in connection with the acquisition of Said Real <br />Property by City. <br />17. Hazardous Waste. Buyer acknowledges and agrees that Seller has disclosed to Buyer <br />that a gasoline service station was operated on the Property for several years prior to and <br />including 1997. Thereafter, the underground gasoline and fuel storage tanks were removed from <br />the Property and corrective action was conducted under the directive of the Santa Ana Fire <br />Department and California Regional Water Quality Control Board -Santa Ana Region and Case <br />Closure was granted November 25, 1998 (the "Prior Gasoline Use "). Except for the Prior Gasoline <br />Vim" _5_ <br />4833- 3742- 9053,3 <br />25H -9 <br />