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7. Possession. Seller agrees to deliver to City, on the date the Deed conveying said real property to
<br />City is recorded, quiet and peaceful possession of said real property, which shall be made free by Seller of all
<br />personal property.
<br />No later than three (3) days after close of escrow, Seller shall have removed all merchandise,
<br />inventory, equipment, personal property, and/or removable trade fixtures from the Property,
<br />and shall leave the Property in a broom swept condition. Any merchandise, inventory,
<br />equipment, personal property, and/or removable trade fixtures at the Property as of three days
<br />after close of escrow shall be deemed abandoned by Seller on that date, unless a prior written
<br />agreement has been made with the City or its representatives.
<br />8. Waivers. The waiver by City of any breach of any covenant or agreement herein contained on the
<br />part of the Seller shall not be deemed or held to be a waiver of any subsequent or other breach of said
<br />covenant or agreement nor a waiver of any breach of any other covenants or agreements contained herein.
<br />9. Heirs, Assigns, Successors -in -Interest. This PSA, and all the terms, covenants and conditions
<br />hereof, shall apply to and bind the heirs, executors, administrators, successors and assigns of the respective
<br />Parties hereto.
<br />10. Time is of the Essence. In all matters and things hereunder to be done and in all payments
<br />hereunder to be made, time is and shall be of the essence.
<br />11. Acknowledgement of Full Benefits and Release. By execution of this Agreement, Seller hereby
<br />acknowledges that this Agreement provides full payment for the acquisition of the Property by Buyer, and
<br />Seller hereby expressly and unconditionally waives any claim for damages, interest, loss of goodwill,
<br />severance damages, or any other compensation or benefits other than as already expressly provided for in
<br />this Agreement, it being understood that this is a complete and full settlement of all acquisition claims,
<br />liabilities, or benefits of any type or nature whatsoever relating to or in connection with the acquisition of the
<br />Property.
<br />12. 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 12651 Cardinal Avenue Garden Grove, CA 92843-4207.
<br />13. Exceptions. City agrees to accept title to said real property subject to the following: NONE.
<br />14. 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 />15. 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 any
<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 />(ii) 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
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