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<br />6.1F <br />Page 8 <br /> <br />d. To the best of Seller's knowledge, (i) there are no tanks on or below the <br />surface of the Property; and (ii) there is no other hazardous or toxic waste or substance or other <br />contaminant or pollutant (as defined by law) in existence below the surface of the Property, <br />including, without limitation, in the soil, sub-soil, ground water or surface water which <br />constitutes a violation of any law, ordinance, rule or regulation of any governmental entity <br />having jurisdiction thereof. <br /> <br />16. Representations and Warranties of Buyer. Buyer hereby represents and warrants <br />as of the Agreement Date and as of the Close of Escrow that: (i) Buyer is acting for itself as a <br />principal in connection with the sale of the Property and is not acting as an agent on behalf of <br />any other person or entity; (ii) Buyer has the full right and authority to enter into this Agreement, <br />to consummate the sale, transfer, and assignments contemplated herein and (Hi) the person or <br />persons signatory to this Agreement and any document executed pursuant hereto on behalf of <br />Buyer have full power and authority to bind Buyer. <br /> <br />17. Intentionally Omitted. <br /> <br />18. Notices. All notices and demands shall be given in writing by personal service, <br />certified mail, postage prepaid and return receipt requested, or by Federal Express, Express Mail <br />or any other commercial delivery service which guarantees overnight delivery (an "Overnight <br />Service"). Notices and payments required hereunder shall be considered given when (i) <br />personally served, (ii) when certified mail notices are delivered or, if unclaimed or rejected, on <br />the date of rejection or return to the party giving the notice, or (iii) the next business day after <br />deposit with an Overnight Service marked for overnight delivery. Notices shall be addressed as <br />appears below for the respective parties, provided that if any party gives notice of a change in <br />name or address, notices to the giver of such notice shall thereafter be given as demanded in such <br />notice. <br /> <br />Seller: <br /> <br />Richard E. Gardella <br />399 Bradford Street, Suite 102 <br />Redwood City, CA 94063 <br /> <br />Buyer: <br /> <br />Redevelopment Agency of Redwood City <br />1017 Middlefield Road <br />Redwood City, CA 94063 <br />Attn: Executive Director <br /> <br />Copy To: <br /> <br />Stanley Yamamoto, City Attorney <br /> <br />City of Redwood City <br />10 17 Middlefield Road <br />Redwood City, CA 94063 <br /> <br />19. Intentionally Omitted. <br /> <br />20. Damage or Destruction. Seller shall bear the risk of loss to the Property due to <br />until the Close of Escrow. In the event the Property or any portion thereof is damaged or <br />destroyed after the Agreement Date and before the Close of Escrow, then Buyer shall have the <br />right, in its sole discretion, to terminate this Agreement without further liability hereunder. <br />Notwithstanding the above, if damage to the Property can be repaired by Seller in compliance <br /> <br />REDW\OOOl\DOC\Ol6-3 <br /> <br />5 <br />