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• <br /> 7.1 Buyer further acknowledges that it has reviewed the deed to the <br /> Property, dated February 23, 1981, naming the City as Grantee, and that the State of <br /> Oregon's reservations of rights in the Property relative to minerals and geothermal <br /> resources, together with the right to use the surface in various manners in conjunction <br /> with the mineral and geothermal resources, will survive the conveyance contemplated by <br /> the parties in this Agreement. A copy of the deed, dated February 23, 1981, is attached <br /> as Exhibit B and incorporated herein by this reference. <br /> 8. Survival. All representations and warranties contained in this Agreement <br /> shall be true on and as of the Closing date with the same force and effect as though <br /> made on and as of the Closing Date, and shall survive closing and not be merged into <br /> any documents delivered at closing. <br /> 9. Binding Effect/Assignment Restricted. This Agreement is binding on and <br /> will inure to the benefit of Seller, Buyer, and their respective heirs, legal representatives, <br /> successors, and assigns. Nevertheless, Buyer shall not assign its rights under this <br /> Agreement without Seller's prior written consent. <br /> 10. Attorney Fees. In the event action is instituted to enforce any term of this <br /> Agreement, the prevailing party shall recover from the losing party reasonable attorney <br /> fees incurred in such action as set by the trial court and, in the event of appeal, as set by <br /> the appellate courts. <br /> 11. Entire Agreement. This Agreement sets forth the entire understanding of <br /> the parties with respect to the purchase and sale of the Property. This Agreement <br /> supersedes any and all prior negotiations, discussions, agreements, and understandings <br /> Real Property Sale Agreement - 5 <br />