AND ALL FEDERAL, STATE OR LOCAL
ENVIRONMENTAL LAWS, ORDINANCES, REGULATIONS, ORDERS, DECREES OR RULES
REGULATING, RELATING TO OR IMPOSING LIABILITY OR STANDARDS OF CONDUCT CONCERNING
ANY HAZARDOUS MATERIAL.
(b) BUYER HEREBY ACKNOWLEDGES AND AGREES THAT, BEING GIVEN THE OPPORTUNITY TO
INSPECT THE PROPERTY, IF THIS TRANSACTION IS CONSUMMATED, BUYER WILL BE
PURCHASING THE PROPERTY PURSUANT TO SELLER'S REPRESENTATIONS, WARRANTIES AND
COVENANTS SET FORTH IN SECTIONS 11 AND 12 OF THIS AGREEMENT AND BUYER'S
INDEPENDENT EXAMINATION, STUDY, INSPECTION AND KNOWLEDGE OF THE PROPERTY AND
BUYER IS RELYING UPON SUCH REPRESENTATIONS, WARRANTIES AND COVENANTS AND ITS OWN
DETERMINATION OF THE VALUE AND CONDITION OF THE PROPERTY AND NOT ON ANY OTHER
INFORMATION PROVIDED OR TO BE PROVIDED BY SELLER. BUYER FURTHER ACKNOWLEDGES AND
AGREES THAT ANY INFORMATION PROVIDED OR TO BE PROVIDED WITH RESPECT TO THE
PROPERTY WAS OR WILL BE OBTAINED FROM A VARIETY OF SOURCES AND THAT SELLER HAS
NOT MADE AND WILL NOT BE OBLIGATED TO MAKE ANY INDEPENDENT INVESTIGATION OR
VERIFICATION OF SUCH INFORMATION AND SELLER MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND AS TO THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION TO
THE EXTENT GENERATED BY THIRD PARTIES FOR SELLER. BUYER IS RELYING UPON SELLER'S
REPRESENTATIONS, WARRANTIES AND COVENANTS SET FORTH IN SECTIONS 11 AND 12 OF
THIS AGREEMENT, AND ITS OWN INSPECTIONS, INVESTIGATIONS, RESEARCH AND ANALYSES
IN ENTERING INTO THIS AGREEMENT AND IS NOT RELYING IN ANY WAY UPON ANY OTHER
REPRESENTATIONS, WARRANTIES, STATEMENTS, PLANS, SPECIFICATIONS, COST ESTIMATES,
STUDIES, REPORTS, DESCRIPTIONS, GUIDELINES OR OTHER INFORMATION OR MATERIAL
FURNISHED BY SELLER OR ITS REPRESENTATIVES TO BUYER OR ITS REPRESENTATIVES,
WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, OF ANY NATURE WHATSOEVER REGARDING
ANY SUCH MATTERS. SELLER SHALL HAVE NO LIABILITY WITH RESPECT TO THE ACCURACY OR
COMPLETENESS OF SUCH DELIVERED INFORMATION.
21
(c) THE OCCURRENCE OF THE CLOSING WILL CONSTITUTE AN ACKNOWLEDGEMENT BY BUYER
THAT THE PROPERTY WAS ACCEPTED WITHOUT REPRESENTATION OR WARRANTY, STATUTORY,
EXPRESS OR IMPLIED (EXCEPT AS EXPRESSLY SET FORTH IN SECTIONS 11 AND 12 OF THIS
AGREEMENT AND IN THE DEED AND OTHER DOCUMENTS EXECUTED AND DELIVERED BY SELLER
AT THE CLOSING) AND OTHERWISE IN AN "AS IS, WHERE IS, AND WITH ALL FAULTS"
CONDITION BASED ON BUYER'S OWN INSPECTION THEREOF. BUYER FURTHER ACKNOWLEDGES
AND AGREES THAT THERE ARE NO ORAL AGREEMENTS, WARRANTIES OR REPRESENTATIONS
COLLATERAL TO OR AFFECTING THE PROPERTY BY SELLER, ANY AGENT OF SELLER OR ANY
THIRD PARTY. SELLER IS FURTHER NOT LIABLE OR BOUND IN ANY MANNER BY ANY ORAL OR
WRITTEN STATEMENTS, REPRESENTATIONS, OR INFORMATION PERTAINING TO THE PROPERTY
FURNISHED BY ANY REAL ESTATE BROKER, AGENT, EMPLOYEE, SERVANT OR OTHER PERSON,
UNLESS THE SAME ARE EXPRESSLY SET FORTH OR REFERRED TO HEREIN.
(d) TO THE EXTENT REQUIRED TO BE OPERATIVE, THE DISCLAIMERS, RELEASES AND/OR
WARRANTIES CONTAINED IN THIS SECTION ARE "CONSPICUOUS" FOR PURPOSES OF ANY
APPLICABLE LAW, RULE, REGULATION OR ORDER.
(e) The terms set forth in this Section 37 will survive the Closing Date and
will not merge into the Transfer Documents.
38. PROHIBITION AGAINST RECORDATION. This Agreement