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respective Properties, free of all personal property, effective as of the Close of Escrow.
<br />The Parties agree, however, that Mendez shall have the right to occupy the Mendez
<br />Property until June 30, 2018 at no cost to Mendez. 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 the City and the City shall have a right to padlock or otherwise secure the
<br />Mendez Property. Any and all property or fixtures left by Mendez in the Mendez Property
<br />after June 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 after 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 />possession as of July 1, 2018, and Mendez agrees it cannot oppose the issuance of any writ
<br />of possession as of that date.
<br />6. As -Is 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 of the Properties. By completing the exchange of the Properties, Parties evidence their
<br />unconditional acceptance of the condition of each respective Property. Parties
<br />aclamowledge and agree that each is acquiring its respective Property on an "AS -IS,"
<br />"WHERE -IS" basis. Parties are not 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 that the exchange of the Properties is without
<br />warranties of any kind from the other Party, expressed or implied, except as expressly set
<br />forth in this Agreement, as to the condition of the subject Property or its 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 />7. Acknowledgement of Full Benefits
<br />7.1 Full Benefits. 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 (30) days following the 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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