OF REPAIR OR LACK
OF REPAIR OF ANY OF THE BUILDING, (C) THE QUALITY OF THE LABOR OR MATERIALS
INCLUDED IN THE BUILDING, (D) THE SOIL CONDITIONS, DRAINAGE CONDITIONS,
TOPOGRAPHICAL FEATURES, ACCESS TO PUBLIC RIGHTS-OF-WAY, AVAILABILITY OF
UTILITIES OR OTHER CONDITIONS OR CIRCUMSTANCES WHICH AFFECT OR MAY AFFECT THE
PROPERTY OR ANY USE TO WHICH THE PROPERTY MAY BE PUT, (E) ANY CONDITIONS AT OR
WHICH AFFECT OR MAY AFFECT THE PROPERTY WITH RESPECT TO ANY PARTICULAR PURPOSE,
USE, DEVELOPMENT POTENTIAL OR OTHERWISE, (F) THE AREA, SIZE, SHAPE,
CONFIGURATION, LOCATION, CAPACITY, QUANTITY, QUALITY, CASH FLOW, EXPENSES OR
VALUE OF THE PROPERTY OR ANY PART THEREOF, (G) THE NATURE OR EXTENT OF TITLE TO
THE PROPERTY, OR ANY EASEMENT, SERVITUDE, RIGHT-OF-WAY, POSSESSION, LIEN,
ENCUMBRANCE, LICENSE, RESERVATION, CONDITION OR OTHERWISE
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THAT MAY AFFECT TITLE TO THE PROPERTY, (H) ANY ENVIRONMENTAL, GEOLOGICAL,
STRUCTURAL, OR OTHER CONDITION OR HAZARD OR THE ABSENCE THEREOF HERETOFORE, NOW
OR HEREAFTER AFFECTING IN ANY MANNER THE PROPERTY, INCLUDING BUT NOT LIMITED TO,
THE PRESENCE OR ABSENCE OF ASBESTOS OR ANY ENVIRONMENTALLY HAZARDOUS SUBSTANCE
ON, IN, UNDER OR ADJACENT TO THE PROPERTY, OR (I) THE COMPLIANCE OF THE PROPERTY
OR THE OPERATION OR USE OF THE PROPERTY WITH ANY APPLICABLE RESTRICTIVE
COVENANTS, OR WITH ANY LAWS, ORDINANCES OR REGULATIONS OF ANY GOVERNMENTAL BODY
(INCLUDING SPECIFICALLY, WITHOUT LIMITATION, ANY ZONING OR LAND USE LAWS,
REGULATIONS OR RESTRICTIONS, ANY BUILDING CODES, ANY ENVIRONMENTAL LAWS, AND THE
AMERICANS WITH DISABILITIES ACT OF 1990, 42 U.S.C. 12101 ET SEQ.). PURCHASER
AGREES TO ACCEPT THE PROPERTY AT CLOSING AND WAIVES ALL OBJECTIONS OR CLAIMS
AGAINST SELLER (INCLUDING, BUT NOT LIMITED TO, ANY RIGHT FOR CLAIM OF
CONTRIBUTION) ARISING FROM OR RELATED TO THE PROPERTY FOR ANY HAZARDOUS
SUBSTANCES ON THE PROPERTY. THE PROVISIONS OF THIS SECTION SHALL BE BINDING ON
PURCHASER AND SHALL SURVIVE THE CLOSING.
PURCHASER HAS BEEN GIVEN THE OPPORTUNITY TO INSPECT THE PROPERTY AND THE
MATERIALS RELATING TO THE PROPERTY THAT PURCHASER DEEMED NECESSARY TO INSPECT
AND REVIEW IN CONNECTION WITH THE TRANSACTION CONTEMPLATED BY THIS AGREEMENT,
AND PURCHASER HAS RETAINED SUCH ENVIRONMENTAL CONSULTANTS, STRUCTURAL ENGINEERS
AND OTHER EXPERTS AS IT DEEMED NECESSARY TO INSPECT THE PROPERTY AND REVIEW SUCH
MATERIALS. PURCHASER IS RELYING ON ITS OWN INVESTIGATION AND THE ADVICE OF ITS
EXPERTS REGARDING THE PROPERTY, AND UPON ITS REVIEW OF SUCH MATERIALS, AND NOT
ON ANY REPRESENTATIONS OR WARRANTIES OF SELLER (OTHER THAN THE REPRESENTATIONS
SET FORTH IN SECTION 6). PURCHASER ACKNOWLEDGES THAT: (I) SELLER MAKES
ABSOLUTELY NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE ACCURACY OR
COMPLETENESS OF ANY INFORMATION, REPORTS OR OTHER MATERIALS DELIVERED TO
PURCHASER AND (II) EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, PURCHASER
DISCLAIMS ANY AND ALL CLAIMS AGAINST SELLER FOR THE INACCURACY OR INCOMPLETENESS
OF ANY SUCH INFORMATION, REPORTS OR OTHER MATERIALS PROVIDED TO PURCHASER.
(f) ERISA. Purchaser is not using the assets of an employee benefit plan as
defined in Section 3(3) of ERISA and covered under Title I, Part 4 of ERISA or
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Section 4975 of the