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<br />15. Exceptions. City agrees to accept title to said real property subject to the following: NONE. <br /> <br />16. Entire Agreement. It is mutually agreed that the parties hereto have herein set forth the whole of their <br />Agreement. Performance of this Agreement by City shall lay at rest, each, every and all issue( s) that were raised <br />or could have been raised in connection with the acquisition of said real Property by City. <br /> <br />17. Hazardous Waste. Seller knows of no Hazardous Materials used on the Property. Seller acknowledges <br />that it is not familiar with the Property and authorizes the City to perform any study it deems necessary, <br />including a Phase' Environmental Assessment (the "Phase 1 Report") to determine that the Property is suitable <br />for its needs. Seller will not warrant or indemnify or make any representations as to the current or prior uses of <br />the Property and whether such use entailed the use of Hazardous Materials. Buyer shall make its own <br />determination regarding the state of the Property. City acknowledges that the Phase I Report has revealed, <br />among other things, that a plume of Hazardous Materials may have migrated onto the Property from leaking <br />underground gasoline storage tanks located on adjacent property. City shall accept the Property subject to the <br />presence of all such Hazardous Materials as may be disclosed by the Phase 1 Report, and any and all claims in <br />favor of City and against Seller arising therefrom are hereby specifically, irrevocably and unconditionally <br />released and forever discharged pursuant to the provisions of Section 29 of this Agreement. <br /> <br />18. Contingency. It is understood and agreed between the parties hereto that the completion of this <br />transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of the City <br />herein. The execution of these documents and the delivery of same to Escrow Agent constitutes said acceptance <br />and approval. <br /> <br />]9. Modification and Amendment. This Agreement may not be modified or amended except in writing <br />signed by the Seller and City. <br /> <br />20. Partial Invalidity. Any provision of this Agreement that is unenforceable or invalid or the conclusion of <br />which would adversely affect the validity, legality, or enforcement of this Agreement shall have no effect, but all <br />the remaining provisions of this Agreement shall remain in full force. <br /> <br />21. Captions. Captions and headings in this Agreement, including the title of this Agreement, are for <br />convenience only and are not to be considered in construing this Agreement. <br /> <br />22. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the <br />State of California. <br /> <br />23. No Relimce By One Party On The Other. Each party has received independent legal advice from its <br />attorney s with respect to the divisibility of executing this Agreement and the meaning of the provisions hereof. The <br />provisions of this Agreement shall be construed as to their fair meaning, and not for or ag;Unst any party basal <br />upon any attribution to such party as the source of the langJage in question. <br /> <br />24. No Third Party Beneficiary. This Agreement is int<nded to benefit only the parties hereto and no other <br />person or entity has or shall acquire any rights hereunder. <br /> <br />4 <br />