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<br />any representations or warranties concerning the Extension Property's physical condition, access,
<br />zoning laws, environmental matters, utilities, physical equipment or fixtures on the Extension
<br />Property, or any other matter affecting the Extension Property or the use of the Extension
<br />Property; and City has not relied and will not rely on any implied warranties, guaranties,
<br />statements, representations, or information about the Extension Property, whether made by
<br />Property Owner or any agents or representatives of Property Owner. City has examined the
<br />Extension Property, is familiar with its physical or environmental condition and accepts the
<br />Extension Property in an "as is" condition. Property Owner has not made and does not make any
<br />representations as to the physical or environmental condition of the Extension Property.
<br />Section 4. Release, City Indemnification. Except for instances involving a breach by
<br />Property Owner of its obligations under this Agreement, City hereby releases, remises, acquits
<br />and forever discharges Property Owner, its partners, employees, agents, attorneys and other
<br />representatives (collectively the "Released Parties") from and against any and all claims, causes
<br />of action, suits, legal or administrative orders or proceedings, demands, actual damages, punitive
<br />damages, losses, costs, liabilities and expenses, which concern or in any way relate to the
<br />environmental conditions of the Extension Property and/or the existence of any hazardous
<br />materials or substances thereon, whether existing prior to, at, or after the Close of Escrow,
<br />including, but not limited to, any and all claims for cost recovery or contribution under the
<br />Comprehensive Environmental Response, Compensation and Liability Act of 1980 and the
<br />California Hazardous Substance Account Act, as they may be amended from time to time. City
<br />hereby expressly waives any and all rights City may have under Section 1542 of the California
<br />Civil Code, which provides as follows:
<br />A general release does not extend to claims that the creditor does not know or
<br />suspect to exist in his favor at the time of executing the release, which if known
<br />by him must have materially affected his settlement with the debtor
<br />Section 5. Covenants. Commencing with the full execution of this Agreement by
<br />both Parties and until the Close of Escrow:
<br />(a) Property Owner shall not permit any liens, encumbrances, or easements to be placed
<br />on the Extension Property, other than the Approved Exceptions, nor shall the parties enter
<br />into any agreement regarding the sale, rental, management, repair, improvement, or any
<br />other matter affecting the Extension Property that would be binding on City or the
<br />Extension Property after the Close of Escrow without the prior written consent of City,
<br />and
<br />(b) Property Owner shall not permit any act of waste or act that would tend to diminish
<br />the value of the Extension Property for any reason, except that caused by ordinary wear
<br />and tear.
<br />Section 6. Authority of Parties.
<br />(a) Property Owner warrants that this Agreement and all other documents delivered prior
<br />to or at the Close of Escrow:
<br />Westgate Agreement - 3 -
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