of the Property of any court or of any federal or state
or municipal regulatory body or administrative agency or other governmental body
having jurisdiction over Purchaser.
5.3 Special Covenants of Purchaser.
(a) PURCHASER ACKNOWLEDGES, REPRESENTS AND WARRANTS THAT ANY INFORMATION
("INFORMATION") SUPPLIED OR MADE AVAILABLE BY SELLER, WHETHER WRITTEN ORAL, OR
IN THE FORM OF MAPS, SURVEYS, PLATS, ENVIRONMENTAL REPORTS, ENGINEERING STUDIES,
INSPECTION REPORTS, PLANS, SPECIFICATIONS, OR ANY OTHER INFORMATION WHATSOEVER,
WITHOUT EXCEPTION, PERTAINING TO THE PROPERTY IN ANY FASHION, ANY AND ALL
RECORDS, RENT ROLLS AND OTHER DOCUMENTS PERTAINING TO THE USE AND OCCUPANCY OF
THE PROPERTY, OR ANY PORTION THEREOF, INCOME THEREOF, THE COSTS AND EXPENSES OF
MAINTENANCE THEREOF, AND ANY AND ALL OTHER MATTERS CONCERNING THE CONDITION,
SUITABILITY, INTEGRITY, MARKETABILITY, COMPLIANCE WITH LAW OR OTHER ATTRIBUTES
OF THE PROPERTY, OR ANY PART THEREOF, IS FURNISHED TO PURCHASER SOLELY AS A
COURTESY. FURTHER, PURCHASER ACKNOWLEDGES, REPRESENTS AND WARRANTS THAT AS OF
THE CLOSING DATE, PURCHASER WILL BE FAMILIAR WITH THE PROPERTY AND WILL HAVE
MADE ALL SUCH INDEPENDENT INVESTIGATIONS AS PURCHASER DEEMS NECESSARY OR
APPROPRIATE CONCERNING THE PROPERTY. AS SUCH, THE PROPERTY IS SOLD BY SELLER AND
IS HEREBY ACCEPTED BY PURCHASER AS IS, WHERE IS, AND WITH ALL FAULTS, AND
WITHOUT ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXCEPT FOR THE EXPRESS
REPRESENTATIONS AND WARRANTIES OF SELLER CONTAINED IN THIS AGREEMENT AND THE
LIMITED WARRANTY OF TITLE MADE BY SELLER AS HEREIN PROVIDED, EXPRESSED OR
IMPLIED, WRITTEN OR ORAL; IT BEING THE INTENTION OF PURCHASER TO EXPRESSLY
REVOKE, RELEASE, NEGATE, UNCONDITIONALLY WAIVE AND EXCLUDE ALL REPRESENTATIONS
AND WARRANTIES (EXCEPT FOR THE LIMITED WARRANTY OF TITLE MADE BY SELLER),
INCLUDING, BUT NOT LIMITED TO, ANY AND ALL EXPRESS OR IMPLIED REPRESENTATIONS
AND WARRANTIES AS TO: (I) THE CONDITION OF THE PROPERTY OR ANY ASPECT THEREOF,
INCLUDING, WITHOUT LIMITATION, ANY AND ALL EXPRESS OR IMPLIED REPRESENTATIONS
AND WARRANTIES RELATED TO SUITABILITY FOR HABITATION, MERCHANTABILITY, OR
FITNESS FOR A PARTICULAR USE OR PURPOSE; (II) THE NATURE OR QUALITY OF
CONSTRUCTION, STRUCTURAL DESIGN, OR ENGINEERING OF THE IMPROVEMENTS; (III) THE
QUALITY OF THE LABOR OR MATERIALS INCLUDED IN THE IMPROVEMENTS; (IV) THE SOIL
CONDITIONS, DRAINAGE, TOPOGRAPHICAL FEATURES, OR OTHER CONDITIONS OF THE
PROPERTY OR WHICH AFFECT THE PROPERTY; (V) ANY FEATURES OR CONDITIONS AT OR
WHICH AFFECT THE PROPERTY WITH RESPECT TO ANY PARTICULAR PURPOSE, USE,
DEVELOPMENTAL POTENTIAL, CASH FLOW, OR OTHERWISE; (VI) ALL EXPRESS OR IMPLIED
REPRESENTATIONS OR WARRANTIES CREATED BY ANY AFFIRMATION OF FACT OR PROMISE OR
BY ANY DESCRIPTION OF THE PROPERTY; (VII) ANY ENVIRONMENTAL, GEOLOGICAL,
METEOROLOGICAL, STRUCTURAL, OR OTHER CONDITION OR HAZARD OR THE ABSENCE THEREOF
HERETOFORE, NOW, OR HEREAFTER AFFECTING IN ANY MANNER ANY OF THE PROPERTY;
(VIII) CLAIMS REGARDING DEFECTS WHICH WERE NOT OR ARE NOT DISCOVERABLE;
(IX) PRODUCT LIABILITY CLAIMS IN ANY MANNER RELATED TO THE PROPERTY; AND (X) ALL
OTHER EXPRESS OR IMPLIED WARRANTIES AND REPRESENTATIONS BY GRANTOR WHATSOEVER,
EXCEPT SOLELY THE LIMITED WARRANTY OF TITLE REPRESENTATIONS MADE BY SELLER
EXPRESSLY SET FORTH HEREIN OR THE DEED.
(b) PURCHASER IS A SOPHISTICATED PURCHASER WHO