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13. Acknowledgment of Full Benefits and Release.
<br />A. By execution of this Agreement, Seller, on behalf of himself, his heirs, executors, administrators,
<br />successors and assigns, hereby acknowledges that this Agreement provides full payment for the
<br />acquisition of the Property by Buyer,. and Seller hereby expressly and unconditionally waives any
<br />claim for compensation for injury to, the remainder ("severance damages"); precondemnation
<br />damages; claims for inverse condemnation; loss of goodwill and/or lost profits; loss or impairment of
<br />any "bonus value" attributable to any lease; damage to or loss of improvements pertaining to: the
<br />realty;. damage to orloss 'of machinery, fixtures, inventory; equipment and/or personal property; any
<br />right to repurchase, leaseback from`Seller,:or receive any financial gain from; the sale -of any portion
<br />of the Property i or challenge Buyers adoption of a resolution of necessity, pursuant to Code of.Civil
<br />Procedure sections 1245.245; any -right to .receive any notices pursuant to Code of Civil Procedure
<br />section 1245.245; any right:.to enforce any other obligation placed upon Seller pursuant to Code of
<br />Civil Procedure sections 1245:245, 1263.025 and- 1263.615; any other rights .conferred upon Sellers
<br />pursuant to Code of Civil'Procedure sections 125.245 and 1263.615 and 1263.025; and attorney's
<br />fees and costs. It being understood that this is a complete,and full settlement of all .acquisition
<br />claims, liabilities, or:benefits of any type, or nature whatsoever relating to or'in connection with the
<br />acquisition of the Property by Buyer. This release.shail survive the Close of Escrow.
<br />B. This Agreemenf arose out of Buyer's efforts to acquire the Property through its municipal authority.
<br />Seller, on behalf of himself, his heirs,, executors, administrators, successors and assigns, hereby fully
<br />releases Buyer, its successors, agents, representatives_ (including attorneys), and assigns, and all
<br />other persons and associations, known or unknown, from all claims and causes of action by reason of
<br />any damage which has, been sustained by Seller, or may be sustained by Seller, as'a result of
<br />Buyer's efforts to acquire the Property or to construct the works of improvement thereon, or any
<br />preliminary steps thereto. This Agreement does not, and shall not be construed to, require Seller to
<br />indemnify Buyer for damages which may arise as a result of Buyer's efforts to construct
<br />improvements on the Property.
<br />This acknowledgment and release shall survive the Close of Escrow.
<br />14. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M-36,, P.O..Box
<br />1988, in the City of Santa Ana 92701, County of Orange, State of California. The mailing address of the
<br />Seller is 315 East Warner Avenue, Santa Ana, CA 92707.
<br />15. Exceptions. City agrees to accept title to said real property subject to the following: NONE.
<br />16. Entire Agreement. 'It is mutually agreed that the Parties hereto have herein set forth the whole of
<br />their Agreement. Performance of this PSA by City shall lay at rest, each, every, and:all.,issue(s) that were
<br />raised or could have been raised in connection with the acquisition of Said Real Property by City.
<br />17. Hazardous Waste. Neither Seller nor, to the best of Seller's knowledge, any previous owner, tenant,
<br />occupant, or user of the Property used, generated,, released, discharged, stored, or disposed of any
<br />hazardous waste, toxic substances, or related materials ("Hazardous Materials") on, under, in, or, about the
<br />Property, or transported any Hazardous Materials to or from the Property. Seller shall not cause or permit
<br />the presence, use, generation, 'release, discharge, storage, or disposal of any Hazardous Materials on,
<br />under,. in, or about, or the transportation of any Hazardous Materials to or from, the Property. ' The term
<br />"Hazardous Material" shall, mean any substance, material, or waste which is or becomes regulated by;a'ny
<br />local governmental authority, the State of California, or the United States Government, including, but not
<br />limited to, any material or substance which is (i) `defined as a "hazardous waste", "extremely hazardous
<br />waste", or "restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant;to. Section
<br />25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law),
<br />(it) defined as "hazardous substance" under Section 25316 of the California Health and Safety Code, Division
<br />20, Chapter 6.8 (Carpenter -Presley -Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous
<br />material", "hazardous substance", or "hazardous"waste" under Section 25501 of the California Health and
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