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F. Rights of ingress to and egress from the GRANTOR's remaining property
<br /> shall be maintained at all times during the construction period.
<br /> 5. CITY Performed Work. All work done under this Agreement shall conform to all
<br /> applicable building, fire and sanitary laws, ordinances, and regulations relating to such
<br /> work, and shall be done in a good workmanlike manner. All structures, improvements or
<br /> other facilities, when removed, and relocated, or reconstructed by the CITY or its
<br /> authorized agent, shall be left in as good condition as found.
<br /> 6. Indemnification. CITY shall indemnify, defend, and hold harmless GRANTOR from
<br /> and against all claims, causes of action, damages, liabilities, cost and expenses (including
<br /> reasonable attorney fees and costs), arising from or related to CITY's use of the Property
<br /> and exercise of CITY's rights under this Agreement, except as to action, damages, liabilities
<br /> or costs due to GRANTOR's gross negligence or willful misconduct.
<br /> 7. Right of Possession and Use. CITY's right of possession and use of the Permanent
<br /> Easement and TCE, including the right to remove and dispose of improvements, and install
<br /> and connect utilities, shall commence on the date the amount of funds as specified in
<br /> Section 3.A herein are deposited into the escrow controlling this transaction. The
<br /> consideration shown in Section 3.A includes, but is not limited to, full payment for the
<br /> possession and use from that date, including interest and damages if any.
<br /> 8. Notice to Successors. If GRANTOR sells, conveys or assigns any property interest
<br /> encumbered by this Agreement before the CITY exercises its rights, GRANTOR shall notify
<br /> the successor or assignor of the rights and obligations under this Agreement.
<br /> 9. Escrow Instructions. GRANTOR authorizes CITY to prepare and file escrow
<br /> instructions that are consistent with the terms of this Agreement on behalf of both parties
<br /> 10. No Leases. GRANTOR warrants that there are no oral or written leases on all or any
<br /> portion of the Permanent Easement and TCE exceeding a period of one month.
<br /> GRANTOR agrees to hold CITY harmless and reimburse CITY for any of its losses and
<br /> expenses occasioned by reason of any lease of the Permanent Easement and TCE held
<br /> by a tenant for a period exceeding one month.
<br /> 11. CITY Acknowledgement. CITY acknowledges and agrees, by consummating the
<br /> Closing, it will be deemed to have been given a full opportunity to inspect and investigate
<br /> each and every aspect of the Property, the TCE Area and the Easement Area, either
<br /> independently or through agents of CITY's choosing. AS A MATERIAL PART OF THE
<br /> CONSIDERATION FOR THIS AGREEMENT, GRANTOR AND CITY AGREE THAT
<br /> EXCEPT AS EXPRESSLY PROVIDED HEREIN GRANTOR IS SELLING AND CITY IS
<br /> PURCHASING AND TAKING THE PERMANENT EASEMENT ON AN "AS IS" "WHERE-
<br /> IS", AND "WITH ALL FAULTS," BASIS, WITH ANY AND ALL LATENT AND PATENT
<br /> DEFECTS. CITY ACKNOWLEDGES THAT IT IS SOLELY RELYING UPON ITS
<br /> EXAMINATION OF THE PROPERTY AND THE EASEMENT AREA, EXCEPT FOR
<br /> GRANTOR'S WARRANTIES CONTAINED HEREIN, IT IS NOT RELYING UPON ANY
<br /> REPRESENTATION, STATEMENT OR OTHER ASSERTION OF ANY KIND
<br /> WHATSOEVER, EXPRESS OR IMPLIED, FROM GRANTOR, ITS AGENTS OR THE
<br /> LISTING BROKERS AS TO ANY MATTER CONCERNING THE PROPERTY AND THE
<br /> EASEMENT AREA,, INCLUDING, WITHOUT LIMITATION: (1) THE QUALITY, NATURE,
<br /> ADEQUACY AND PHYSICAL CONDITION OF THE PROPERTY AND THE EASEMENT
<br /> AREA,, INCLUDING, BUT NOT LIMITED TO, APPURTENANCES, ACCESS, LOCATION
<br /> OF POWER LINES AND UTIITY LINES, (11) THE QUALITY, NATURE, ADEQUACY, AND
<br /> PHYSICAL CONDITION OF SOILS, GEOLOGY AND ANY GROUNDWATER, (III) THE
<br /> AND THE EASEMENT ARE'S USE, SUITABILITY, VALUE OR FITNESS OF THE
<br /> EASEMENT AREA, FOR ANY PARTICULAR PURPOSE, (V) THE ZONING OR OTHER
<br /> LEGAL STATUS OF THE PROPERTY AND THE EASEMENT AREA, OR ANY OTHER
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