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warrants that there are no oral or written leases on all or any portion of the subject property
<br />exceeding a period of one month.
<br />9. Waivers. The waiver by City of any breach of any covenant or agreement herein
<br />contained on the part of the Seller shall not be deemed or held to be a waiver of any
<br />subsequent or other breach of said covenant or agreement nor a waiver of any breach of any
<br />other covenants or agreements contained herein.
<br />10. Heirs, Assigns, Successors -in -Interest. This PSA, and all the terms, covenants and
<br />conditions hereof, shall apply to and bind the heirs, executors, administrators, successors and
<br />assigns of the respective Parties hereto.
<br />11. Time is of the Essence. In all matters and things hereunder to be done and in all
<br />payments hereunder to be made, time is and shall be of the essence.
<br />12. Just Compensation. Seller acknowledges and agrees that said purchase price is just
<br />compensation at fair market value for said real property and includes payment for fixtures &
<br />equipment (improvements pertaining to the realty), goodwill (if any), and severance damages.
<br />13. Acknowledgment of Full Benefits and Release.
<br />A. By execution of this Agreement, Seller, on behalf of himself, his heirs, executors,
<br />administrators, successors and assigns, hereby acknowledges that this Agreement
<br />provides full payment for the acquisition of the Property by Buyer, and Seller hereby
<br />expressly and unconditionally waives any claim for compensation for injury to the
<br />remainder ("severance damages"); precondemnation damages; claims for inverse
<br />condemnation; loss of goodwill and/or lost profits; loss or impairment of any "bonus
<br />value" attributable to any lease; damage to or loss of improvements pertaining to the
<br />realty; damage to or loss of machinery, fixtures, inventory, equipment and/or personal
<br />property; any right to repurchase, leaseback from Seller, or receive any financial gain
<br />from, the sale of any portion of the Property , or challenge Buyer's adoption of a
<br />resolution of necessity, pursuant to Code of Civil Procedure sections 1245.245; any right
<br />to receive any notices pursuant to Code of Civil Procedure section 1245.245; any right
<br />to enforce any other obligation placed upon Seller pursuant to Code of Civil Procedure
<br />sections 1245.245, 1263.025 and 1263.615; any other rights conferred upon Sellers
<br />pursuant to Code of Civil Procedure sections 1245.245 and 1263.615 and 1263.025;
<br />and attorney's fees and costs. It being understood that this is a complete and full
<br />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 Property by Buyer.
<br />This release shall survive the Close of Escrow.
<br />B. This Agreement arose out of Buyer's efforts to acquire the Property through its
<br />municipal authority. Seller, on behalf of himself, his heirs, executors, administrators,
<br />successors and assigns, hereby fully releases Buyer, its successors, agents,
<br />representatives (including attorneys), and assigns, and all other persons and
<br />associations, known or unknown, from all claims and causes of action by reason of any
<br />damage which has been sustained by Seller, or may be sustained by Seller, as a result
<br />of Buyer's efforts to acquire the Property or to construct the works of improvement
<br />thereon, or any preliminary steps thereto. This Agreement does not, and shall not be
<br />construed to, require Seller to indemnify Buyer for damages which may arise as a result
<br />of Buyer's efforts to construct improvements on the Property.
<br />This acknowledgment and release shall survive the Close of Escrow.
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