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7. Possession. Seller agrees to deliver to City, on the date the Deed conveying said real property to <br />City is recorded, quiet and peaceful possession of said real property, which shall be made free by Seller of all <br />personal property. <br />a. No later than three (3) days after close of escrow, Seller shall have removed all merchandise, <br />inventory, equipment, personal property, and/or removable trade fixtures from the Property. <br />Any merchandise, inventory, equipment, personal property, and/or removable trade fixtures at <br />the Property as of three days after close of escrow shall be deemed abandoned by Seller on <br />that date. <br />b. If Seller does not vacate the Property by the above stated date, the Seller agrees to have the <br />Court immediately Issue a Writ of Possession and/or Assistance, directing the Marshall or <br />Sheriff of Orange County to take physical possession of the Property in favor of the City, <br />Seller waives the right to have the City file an unlawful detainer action, as well as waive the <br />right to any hearing or any requirements for an application by City to obtain the Writ of <br />Possession and/or Assistance and waives any and all rights to object to the issuance of said <br />Writ if Seller does not vacate the Property by three (3) days after close of escrow. <br />6. Rental and Qccupancv By Seller. Seller agrees to execute a complete, current and correct: <br />statement of rentals (Seller Estoppel) on a form furnished to Seller by City and deliver same to City within <br />fifteen (16) days hereof with copies of any written leases or rental agreements attached. All rents will be <br />prorated as of the close of escrow on the basis of a 30 -day month/360-day year consistent with that <br />statement, subject to approval of City. Seller hereby agrees not to rent any units on the premises which are <br />vacant as of the date that this agreement is executed by seller, or which may be vacated by present <br />occupants prior to close of escrow. In return, the City agrees to reimburse seller lost rentals incurred by <br />keeping units vacant through the close of escrow. Seller agrees that any and all Tenant Security Deposits <br />pertaining to the subject property collected by or in the possession of Seller prior to the close of escrow shall <br />be transferred to and become the property of City during escrow. <br />Seller hereby warrants that the rental statement referred to shall include the terms of all rental agreements, <br />tenancies, and leases (written, unwritten, recorded, or unrecorded) and Seller agrees to hold City harmless <br />from all liability from any such leases or agreements. Seller also warrants that there are no oral or written <br />leases on all or any portion of the subject property exceeding a period of one month. <br />9. Waivers. The waiver of the Parties of any breach of any covenant or agreement herein contained on <br />the pari of either Party shall not be deemed or held to be a waiver of any subsequent or other breach of said <br />covenant or agreement nor a waiver of any breach of any other covenants or agreements contained herein. <br />10. Heirs, Assigns, Successors-ln-Enierest, This PSA, and all the terms, covenants and conditions <br />hereof, shall apply to and bind the heirs, executors, administrators, successors and assigns of the respective <br />Parties hereto. <br />11. Time is of thEssence. 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 />12. Just ComnensatiM. Seller acknowledges and agrees that said purchase price is just compensation <br />at fair market value for said real property and includes payment for and severance damages, <br />13. Acknowledrlrnent of Fall Benefits and Release. <br />A. Subject to the terms and conditions of the Agreement for Acquisition of Tenant -Sellers' Interest in <br />Heal Property, signed concurrently herewith, by execution of this Agreement, Seller, on behalf of <br />himself, his heirs, executors, administrators, successors and assigns, hereby acknowledges that this <br />Agreement provides full payment for the acquisition of the Property by Buyer, and Seller hereby <br />expressly and unconditionally waives any clafrn for compensation for injury to the remainder <br />