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and that the amount shown in Paragraph 4 herein includes, but is not limited to, full payment for such <br /> possession and use, including damages, if any, from said date. <br /> 14. Alameda CTC agrees to indemnify and hold harmless Grantor from any liability arising out of <br /> Alameda CTC's operations under this Contract. Alameda CTC further agrees to assume responsibility <br /> for any damages proximately caused by reason of Alameda CTC's operation under this Contract and <br /> Alameda CTC will, at their option, either repair or pay for such damages. <br /> 15. Grantor warrants that there are no oral or written leases on all or any portion of the Subject <br /> Property exceeding a period of one month, and Grantor agrees to hold Alameda CTC harmless and <br /> reimburse Alameda CTC for any and all of its losses and expenses occasioned by reason of any <br /> lease of the Subject Property held by any tenant of Grantor for a period exceeding one month. <br /> Grantor hereby represents and warrants that during the period of Grantor's ownership of the Subject <br /> Property, there have been no disposals, releases or threatened releases of hazardous substances or <br /> hazardous waste on, from, or under the Subject Property. Grantor further represents and warrants <br /> that the Grantor has no knowledge of any disposal, release, or threatened release of hazardous <br /> substances or hazardous waste on, from, or under the Subject Property which may have occurred <br /> prior to Grantor taking title to the Subject Property. <br /> The acquisition price of the Subject Property being acquired in this transaction reflects the fair <br /> market value of the Subject Property without the presence of contamination. If the Subject Property <br /> being acquired is found to be contaminated by the presence of hazardous waste which requires <br /> mitigation under Federal or State law, the State may elect to recover its clean-up costs from those <br /> who caused or contributed to the contamination. <br /> 16. This Contract and the Deed attached hereto as Exhibit A shall be binding on and inure to the <br /> benefit of the respective heirs, successors and assigns of the parties to this Contract, including but not <br /> limited to any subsequent owner(s) of the Subject Property. <br /> 17. Grantor understands that this Contract is subject to the approval of Alameda CTC, and that <br /> this Contract shall have no force or effect unless and until said Alameda CTC's approval has been <br /> obtained. <br /> 18. Except as otherwise provided herein or by express written permission granted by Alameda <br /> CTC, Grantor shall not, after the date of execution of this Contract and the close of escrow, alienate, <br /> lien, encumber or other transfer the Subject Property or any portion thereof or allow the same to <br /> occur, cause or allow any physical changes on the Subject Property, or enter into any lease or <br /> contract with respect to the Subject Property or any portion thereof which would survive the close of <br /> escrow and impair Alameda CTC's use of the Subject Property. Grantor shall maintain the Subject <br /> Property in its current condition until the close of escrow and shall make, at Grantor's expense, all <br /> repairs necessary to maintain the Subject Property in such condition. <br /> 19. This transaction will be handled through an internal escrow by the Alameda County <br /> Transportation Commission, 1111 Broadway, Suite 800, Oakland, CA 94607. <br /> 3 <br />