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OAK #4843-3885-9090 v10 Exhibit F-72 ATTY/AGR/2018.094/STRADA DOCKTOWN DEVELOPMENT AGREEMENT REV: 05-03-18 PR Page 72 of 93 13.4. Strada’s Title. Until the Close of Escrow, Strada shall not do anything which would impair Strada’s title to the Public Right-of-Way and Public Service Easement Area. 13.5. Conflict with Other Obligation. To the best of Strada’s knowledge, neither the execution of this Agreement nor the performance of the obligations herein will conflict with, or breach any of the provisions of any bond, note, evidence of indebtedness, contract, lease, covenants, conditions and restrictions, or other agreement or instrument to which Strada or the Public Right- of-Way and Public Service Easement Area may be bound. 13.6. Authority. Strada is the owner of and has the full right, power, and authority to sell, convey, and grant the Public Right-of-Way and Public Service Easement to City as provided herein and to carry out Strada’s obligations hereunder. 13.7. Bankruptcy. Neither Strada nor any related entity is the subject of a bankruptcy proceeding, and permission of a bankruptcy court is not necessary for Strada to be able to transfer the Public Right-of-Way and Public Service Easement Area as provided herein. 13.8. Governmental Compliance. Strada has not received any notice from any governmental agency or authority alleging that the Public Right-of-Way and Public Service Easement Area is currently in violation of any law, ordinance, rule, regulation or requirement applicable to its use and operation. If any such notice or notices are received by Strada following the Effective Date, Strada shall notify City within ten (10) days of receipt of such notice. Strada then, at its expense, shall perform the work or take the necessary corrective action prior to the Close of Escrow. 13.9. Right to Possession. As of the Effective Date and as of the Close of Escrow, no person or entity other than Strada has the right to possess the Public Right-of-Way and Public Service Easement Area, or any portion thereof. 13.10. Non-Foreign Transferor. Strada is not a “foreign person” within the meaning of the Foreign Investment in Real Property Act or any similar state statute, and Strada will comply with all of the requirements of the Foreign Investment in Real Property Act and any similar state statute in connection with this transaction. 13.11. Change of Situation. Until the Close of Escrow, Strada shall, upon learning of any fact or condition which would cause any of the warranties and representations in this Section 13 not to be true as of the Close of Escrow, immediately give written notice of such fact or condition to City, in which case City shall be entitled to either close Escrow with knowledge of such fact or condition or terminate this Agreement.. 14. Reserved. 15. Contingency. It is understood and agreed between the Parties hereto that the completion of this transaction, and the Escrow created hereby, is contingent upon the specific acceptance and approval of this Agreement by the City. The execution of this Agreement by City and the delivery of same to Escrow Agent shall constitute said acceptance and approval. 6.4.B. - Page 97