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<br />(x) Citv's Actual Knowledge. As used herein, the phrase <br />"City's actual knowledge" means the actual present knowledge of Patricia C. Whitaker, <br />Executive Director, Community Development Agency of the City of Santa Ana, without duty of <br />inquiry. <br /> <br />9. As-Is Provisions. <br /> <br />(a) Citv Propertv. STEADFAST SPECIFICALLY <br />ACKNOWLEDGES AND AGREES THAT CITY IS TRANSFERRING AND STEADFAST IS <br />ACQUIRING THE CITY PROPERTY ON AN "AS IS WITH ALL FAULTS" BASIS AND <br />THAT, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, STEADFAST IS <br />NOT RELYING ON ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND <br />WHATSOEVER, EXPRESS OR IMPLIED, FROM CITY AS TO ANY MATTERS <br />CONCERNING THE CITY PROPERTY. THIS AS-IS PROVISION SHALL SURVIVE THE <br />CLOSING. <br /> <br />STEADFAST EXPRESSLY WAIVES ANY OF ITS RIGHTS GRANTED UNDER <br />CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: "A <br />GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES <br />NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF <br />EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE <br />MA TERIALL Y AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." <br /> <br />NOTWITHSTANDING THE FOREGOING, THIS RELEASE DOES NOT EXTEND OR <br />OTHERWISE APPLY TO ANY CLAIM ARISING FROM CITY'S FRAUD OR WILLFUL <br />MISCONDUCT. <br /> <br />u <br /> <br />fast's Initials <br /> <br />(b) Steadfast Propertv. CITY SPECIFICALLY ACKNOWLEDGES <br />AND AGREES THAT STEADFAST IS TRANSFERRING AND CITY IS ACQUIRING THE <br />STEADFAST PROPERTY ON AN "AS IS WITH ALL FAULTS" BASIS AND THAT, <br />EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, CITY IS NOT RELYING <br />ON ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, <br />EXPRESS OR IMPLIED, FROM STEADFAST AS TO ANY MATTERS CONCERNING THE <br />STEADFAST PROPERTY. THIS AS-IS PROVISION SHALL SURVNE THE CLOSING. <br /> <br />CITY WANES ANY OF ITS RIGHTS GRANTED UNDER CALIFORNIA CNIL CODE <br />SECTION 1542, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT <br />EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO <br />EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH <br />IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER <br />SETTLEMENT WITH THE DEBTOR." <br /> <br />40836735. 16 <br /> <br />13 <br />