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ftwrom:7164 JoFNr m Dma HoLoewes,LLC AM 941.1311-8n-1
<br /> PItojwr J00000"own ECCO eMC DMWLQ WW ZONE PROJECT
<br /> exercise of CITY's rights wxlor this Aprere hent,except as to action,damages, liabilities or costs
<br /> due to GRANTOR's negligence or wilful misconduct.
<br /> 7. Right of PossesSM and Ww CITY*right of possession and use of the Permanent
<br /> t EsseKnerd and TCE, in dueing the rW to remove and dispose of invonrnefft and kcal and
<br /> connect utlities,shall commence on that date the Amount of funds as spec lied in Section 3.A
<br /> hereto aft depcheited ihto the escrow cwtrif o this transaction.The consideration shown in
<br /> Section 3A Inclydss, but is riot Iknled to,full payment for the possession and use from that
<br /> daft,inducting interest and damages N any.
<br /> >ir Nafte la Successors. If GRANTOR sols,oonvoys or airs any prey Interest
<br /> enatri tiered by this Awsornenf bei"bre the CITY axercieais es rWft GRANTOR steal notify the
<br /> successor or an*w of the rights and obligations under this Agmemot.
<br /> & Eecnaw hastructione. GRANTOR outhorizes CITY to prepare and ft eancr m Instructions,
<br /> in socordance with this Agreement on behalf of both parties.
<br /> j10.Hazardous MS6WkI& CITY
<br /> 1 represents, to GRANTOR Ihet CITY hat conduMd, or will
<br /> oaidud prior to the does of sscrew for this transaction, such invedootions of the Property.
<br /> including but not knifed to the physical and environmental maltione Owed, as CITY deems
<br /> necessary to sadefy ftW as to the condition of the Prgssnty and the e d dense or nice
<br /> or curative action to be taken with moped to any Harzabatus Mdariais on or diedtorgled from the
<br /> Property,and that CITY wig rely solely upon some and not upon any irrforrnatim provided by or
<br /> on bd*N of GRANTOR or Its agents or employees with respect thereto. Upon the dose of escrow
<br /> for this transaction, CITY shall asum the stick that adverse environmental conditions may not
<br /> have been revealed by CITU* investigations, and CITY, upon the close of escrow, shad be
<br /> downed to haw waived, relinquished and released GRANTOR (and GiRANTOWs Overs,
<br /> directors, members,employees,and apenW and any ferder(s)whose names have been provided
<br /> to CITY in w rbq) from and any and alt dams, dsemandas, causes of action (Irducing
<br /> causes of action in tort), losses, dsmeges, lablitles, costa and stpansee(tnckx irq attorneys"
<br /> foes,court costs.and costa of any apps olD of any and every hind or dursow,known or unitnown,
<br /> which CITY might tsars aeoerfsd or alleged agate GRANTOR (or GRANTOR`* dhcem
<br /> dirodtm,members,a r4ftess.agents and lender(q))at any time by reason of or wising out of {{
<br /> the presence of Hazardous Materials at the Property or any viddlons of any app#catnie f
<br /> envirortr�aseatal Paws. As part of the provlsicaanas of this 3+scfion 14,trot not as a Ikrddetton tha+sor. �
<br /> CITY agroos, repose ft and worrorft that the rustlers recessed herein are not lrnfted to E
<br /> ffwftm welch are know or disclosed. and CITY hereby wesivos any and al rigfsbs orad benel4ts
<br /> which It now hags,or In On furlurs may have conferred upon 1,by virtue offs provisions offsderal, I
<br /> state or Iocid ImN,nhles or m9tti0ona,ktctudlnp wlthad k nftban Section 1542 of the CW Code
<br /> of to State of California,as act forth in mon 12 below.
<br /> 11.Nes Lanae. GRANTOR warr nle#rat Rote we no mW or wren Isawee on WI or ww
<br /> portion of the Permanent Esownent and TCE exossding a psrlod of one month;provided, 1
<br /> however.that r+atwfthstantding the forsgcoing,GRANTOR discloses to CITY Me GRANTOR has !
<br /> tossed the buldhog sk*od on the Property to a third party,which third party has certain rights I
<br /> to use that portion of the Property"Vouhlo of the buN ft. GRANTOR has nobdied such
<br /> tonant of CITY s,planned worts at the Property.GRANTOR sanies to hold CITY harmless and I
<br /> reimburse CITY for any of its losses and expenea occasioned by reason of any masse of the
<br /> Permanent Easernert and TGE herd by a tenant for a period exceeding ore month.
<br /> 1L Rohme of All Clakns. This is inionded as a fuel aid ocrrrptelis release of al or any daims
<br /> that silts party has apinst the other snd a in U seNNment of any and all such dolens and
<br /> intends to and does hereby roMm ad of said persons,fYns,associations;and corporations of avid
<br /> ft"4Orr
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