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respective Properties, free of all personal property, effective as of the Close of Escrow,
<br />The ,fatties agree, however, that Mendez shall have the right to occupy the Mendez
<br />Property until June 30, 2018 at no cost to Mender. City shall take possession of the
<br />Mendez Property on July 1, 2018, Mendez agrees to deliver possession of the Mendez
<br />Property to City by June 30, 2018, After June 30, 2018, access to the Mendez Property is
<br />revoked by thu City aiAJ the City shall have a right to padlock or othcrwisc securo the
<br />Mendez Property. Any and all property or fixtures left by Mendez in the Mendez Property
<br />after Junc 30, 2018 shall be considered forfeited. No notice need be given prior to securing
<br />the Mendez Property after June 30, 2018, The City shall not need to seek a writ of
<br />possession in order to obtain access or otherwise secure the Mendez Property atter June 30,
<br />2018. To the extent that any writ of possession is required, or the City seeks a writ of
<br />possession, the parties hereby agree that the City is entitled to seek an immediate writ of
<br />posse;Nivti as crJuly 1, 2018, and Mendez agrees it cannot oppose tho issuance of any writ
<br />of possession as of that date.
<br />6, As -Js Condition
<br />6.1 As -is Condition. Parties shall rely solely and exclusively upon the results of their own Due
<br />Diligence Investigations of the subject Properties with regard to any physical condition or
<br />state o£tho Properties. By completing the exchange of the Properties, parties evidence their
<br />unconditional acceptance of the condition of each respective Property. Parties
<br />acknowledge and agree that each is acquiring its respective Property on an "AS -I5,"
<br />"WHERE -W' basis. Parties are net offering to acquire the respective Property based, on
<br />any representation by the other Party, or a third party, except those expressly set forth in
<br />this Agreement. Parties hereby acknowledge tlM,t the excltaugc of the Properties is witbout
<br />warranties of any .kind from the other Party, expressed or implied, except as expressly set
<br />north in this ,Agreement, as to the condition of the subject Property or ib; improvements, if
<br />any, including, without implied limitation, soils, access to the subject ,Property or to
<br />Utilities, appliances, structure utility systems, roof, foundation, landscaping or any other
<br />component of the subject Property. Parties do not warrant that either Property conforms
<br />with any ordinances, including, without implied limitation, zoning or building ordinances,
<br />Acknowledgement of Fit]] Benefits
<br />7.1 FullBenefits, By execution of this Agreement, the Parties hereby acknowledge that this
<br />Agreement provides full payment for the acquisition of the subject Properties, and each
<br />Party hereby expressly and unconditionally waives any claim for damages, interest, loss of
<br />goodwill, severance damages, or any other compensation or benefits other than as already
<br />expressly provided for in this Agreement, it being understood that this is a complete and
<br />full settlement of all acquisition claims, liabilities, or benefits of any type or nature
<br />whatsoever relating to or in connection with the acquisition of the subject Properties.
<br />8, Remedies
<br />8.1 Remedies. If either Party defaults under this Agreement, and such default is not cured
<br />within thirty (S0) days following thee date of written notice of default, then the other Party
<br />may either! (i) terminate this Agreement by written notice, whereupon this Agreement and
<br />the obligations of the Parties hereunder shall terminate (other than those obligations that
<br />expressly survive a termination of this Agreement); or (ii) bring an action for specific
<br />performance of this Agreement.
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