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001 L11183 <br />1 6. <br />It is understood and agreed by <br />and between the parties <br />2 hereto, <br />that payment in Paragraph 1 above <br />includes, but is not <br />3 limited <br />to, GRANTOR improvements located <br />within the to be <br />4 acquired right-of-way. <br />5 7. COUNTY shall be entitled to possession and use of the <br />6 real property described herein upon the <br />execution <br />of the GRANT <br />7 DEED by GRANTOR, provided that the part <br />taken does <br />not affect <br />8 GRANTOR use of the remainder parcel, in <br />which case <br />possession <br />9 would be upon payment of compensation to GRANTOR for the part <br />10 taken. <br />11 B. The COUNTY shall have the authority to deduct and <br />12 pay from the amount payable in Paragraph 1 above, any amount <br />13 necessary to satisfy any delinquent taxes due in any fiscal <br />14 year except the fiscal year in which this escrow closes, together <br />15 with penalties and interest thereon, and/or delinquent or <br />16 non -delinquent assessments or bonds except those which title is <br />17 to be taken subject to and in accordance with the terms of this <br />18 AGREEMENT. <br />19 9. It is understood and agreed to by the parties hereto <br />20 that the GRANTOR shall be held harmless from any and all <br />21 liability related to the construction of this project that may <br />22 arise from any negligent act, error or omission of COUNTY, its <br />23 agents, contractors, subcontractors or employees. <br />24 10. The parties hereto mutually agree that they have set <br />25 forth the whole of their AGREEMENT and that the performance of <br />26 the terms and conditions set forth herein shall relieve COUNTY of <br />27 all further obligations or considerations for the execution and <br />3 <br />8 <br />