20B - AA PURCHASE SALE OF BRISTOL ST IMP PROJECT

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6. * RIGHT OF POSSESSION Seller hereby grants Buyer and its representatives, agents, consultants and contractors, physical and legal possession of the Property effective as of the Close of Escrow, free and clear of all tenancies and parties in possession, subject only to matters approved in writing by Buyer pursuant to Section 2.3 hereof. 7. AS IS CONDITION Buyer shall rely solely and exclusively upon the results of its Due Diligence Investigations of the Property with regard to any physical: condition or state of the Property. Except as otherwise expressly provided in this Agreement, or in the documents to be delivered by Seller to Buyer at Close of Escrow, by completing the purchase of the Property following its Due Diligence Investigations, Buyer evidences its unconditiona[ acceptance of the condition of the Property. Except as otherwise expressly providedin this Agreement, or in the documents to be delivered by ' Seller to Buyer at Close of Escrow, Buyer acknowledges and agrees that Buyer is purchasing the Property on an "AS -IS," "WHERE - IS" basis. Buyer is not offering to purchase the property based on any representation by Seller or Seller's agent except those expressly set forth in this Agreement. Buyer hereby acknowledges that the purchase of the Property is without warranties of any kind' from Seller, expressed' or implied, except as expressly set forth in this Agreement or in the documents to be delivered by Sellerto Buyer at Close of Escrow, as to the condition of the Property or its improvements, if any, including, without implied limitation, soils, access to the Property or to utilities, appliances, structure utility systems, roof, foundation, landscaping or any other component of the Property. Except as otherwise expressly provided in this Agreement, or in the documents to be delivered by Sellerto Buyer at Close of Escrow, Seller does not warrant that the Property conforms with any ordinances, including, without implied limitation, zoning or building ordinances. 8. MISCELLANEOUS 8.1 Notice Any notice to be given or other document or documents to be delivered: to either party by the other hereunder may be delivered (a) in person, (b) by overnight courier, (c) by facsimile (provided that such facsimile shall be followed within one (1') business day by delivery of such notice pursuant to clause (a), (b) or (d)), or (d) by United States Mail in the State of California, duly registered or certified, with postage prepaid, and addressed as follows: Seller: City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 Attn: Executive Director, PWA Facsimile: (714) 10 20B-16