OPA: Grimshaw House - City of Anaheim

Until the Closing, Developer shall, upon learning of any fact or condition
which would cause any of the warranties and representations in this Section not to
be true, immediately give written notice of such fact or condition to Agency.
303. Condition of the Site.
303.1 Disclosure. As of the Date of Agreement, Agency has delivered to
Developer copies of Agency’s Environmental Reports and Owner’s
Environmental Reports. Other than as may be set forth in the Agency’s
Environmental Reports and Developer’s Environmental Reports, Agency hereby
represents and warrants to Developer that Agency has not received any written
notice or communication from any government agency having jurisdiction over
the Site, notifying Agency or any third party of, and Agency has no actual
knowledge of, the presence of surface or subsurface zone Hazardous Materials in,
on, or under the Site, or any portion thereof.
As of the Date of Agreement, Developer has delivered to Agency copies of
Developer’s Environmental Reports. Other than as may be set forth in the
Developer’s Environmental Reports and Agency’s Environmental Reports,
Developer hereby represents and warrants to Agency that Developer has not
received any written notice or communication from any government agency
having jurisdiction over the Site, notifying Developer or any third party of, and
Developer has no actual knowledge of, the presence of surface or subsurface zone
Hazardous Materials in, on, or under the Site, or any portion thereof.
303.2 Developer’s Investigation of the Site. During Developer’s Due
Diligence Period, representatives of Developer shall have the right to access the
Site during regular business hours and upon reasonable Notice to Agency for the
purpose of obtaining data and conducting surveys and tests necessary to
reasonably assess the suitability of the Site for the Project. Any surveys and tests
conducted on the Site by Developer’s representatives shall be done at the sole
expense of Developer and only after (i) Developer has secured any necessary
permits from the appropriate governmental agencies and (ii) Developer has
delivered to Agency a copy of the Right of Entry and License Agreement (Due
Diligence and Pre-Closing Site Preparation) fully executed and acknowledged by
Developer and satisfied the conditions precedent to Developer’s entry onto the
Site set forth therein.
(A) Soils and Engineering Assessment. Developer shall have the
right, at its sole cost and expense, to engage its own consultants
(“Developer’s Soils and Engineering Consultants”) to conduct a
physical assessment and make such investigations as Developer
deems necessary, including having prepared any “Soils Reports”
and/or “Engineering Reports” of the Site, and Agency shall
promptly be provided a copy of all reports and test results provided
by Developer’s consultants (“Developer’s Soils and Engineering
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