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postmarked, two days after depositing with such courier for delivery or upon the refusal to accept <br />such service. <br />2.14. Removal of Equipment_ Owner agrees that it will remove all equipment, trade <br />fixtures and personal property not being purchased by City, including but not limited to those <br />items described on Exhibit B attached hereto, from the Subject Property by June 30, 2009. <br />Notwithstanding any provisions of the Lease to the contrary, Owner shall have no obligation to <br />remove any equipment or improvements to the Subject Property other than those items described <br />on Exhibit B, and City will tape the Subject Property as is and will have full responsibility for <br />and liability for all improvements to and equipment left on the Subject Property by Owner_ <br />2.15. Equipment Being Purchased by City. Owner agrees that the trade fixtures now <br />Iocated on the Subject Property, which are listed on Exhibit C attached hereto, are being sold by <br />Owner to City in partial consideration for the Settlement Amount being paid herein, and Owner <br />hereby conveys, grants, sells, transfers and assigns the transferred assets as described in <br />Exhibit C to City, effective on the date that Owner relinquishes possession of the Subject <br />Property to City ("Date of Transfer")_ Owner makes no representations or warranties whatsoever, <br />either express or implied, regarding the transferred assets, and specifically disclaims any <br />warranty of merchantability or fitness of such transferred assets for a particular purpose or their <br />intended use. Owner conveys the transferred assets as -is where -is, with all faults, as of the Date <br />of Transfer. Owner shall have absolutely no obligation to repair or replace the transferred assets. <br />City shall be responsible for all transferred assets and shall indemnify Owner for any and all <br />claims arising from or related to such transferred assets after the Date of Transfer_ City shall be <br />responsible for any and all sales and use tax that may be due in connection with the sale of the <br />transferred assets by Owner to City. <br />2 <br />