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Property. By completing the purchase of the Property following its Due Diligence <br />Investigations, Buyer evidences its unconditional acceptance of the condition of the <br />Property. Buyer acknowledges and agrees that Buyer is purchasing the Property on an <br />"AS -IS," "WHERE -IS" basis. Buyer is not offering to purchase the property based on <br />any representation by Seller or Seller's agent except those expressly set forth in <br />Section 3.1. Buyer hereby acknowledges that the purchase of the Property is without <br />warranties of any kind from Seller, expressed or implied, except as expressly set forth in <br />Section 3.1, as to the condition of the Property or its improvements, if any, including, <br />without implied limitation, soils, access to the Property or to utilities, appliances, <br />structure utility systems, roof, foundation, landscaping or any other component of the <br />Property. Seller does not warrant that the Property conforms with any ordinances, <br />including, without implied limitation, zoning or building ordinances. <br />8. MISCELLANEOUS <br />8.1 Notice <br />Any notice to be given or other document or documents to be delivered to <br />either party by the other hereunder may be delivered (a) in person, (b) by overnight <br />courier, (c) by facsimile or as a PDF or similar attachment to an email (provided that <br />such facsimile or email attachment shall be followed within one (1) business day by <br />delivery of such notice pursuant to clause (a), (b) or (d)), or (d) by United States Mail in <br />the State of California, duly registered or certified, with postage prepaid, and addressed <br />as follows: <br />Seller: City of Santa Ana <br />20 Civic Center Plaza <br />P.O. Box 1988 <br />Santa Ana, CA 92702 <br />Attn: Executive Director, PWA <br />Facsimile: <br />E-mail: <br />Buyer: <br />Any notice or other document sent by personal delivery, overnight courier <br />or registered or certified mail as aforesaid shall be considered to have been effectively <br />served or delivered on the day of actual delivery (whether accepted or refused) as <br />evidenced by printed confirmation if by facsimile or email (provided that if any notice or <br />other communication to be delivered by facsimile or email attachment as provided above <br />cannot be transmitted because of a problem affecting the receiving party's facsimile <br />machine or computer, the deadline for receiving such notice or other communication shall <br />City of Santa Ana RFP 19-026 <br />Attachment 4 <br />