of Section 1445 of the Code.
14
PURCHASER ACKNOWLEDGES AND AGREES THAT EXCEPT FOR THE WARRANTIES OF SELLER'S
DEED AND THE WARRANTIES AND REPRESENTATIONS SET FORTH IN THE CONTRACT, SELLER
HAS NOT MADE, DOES NOT MAKE AND SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR
WARRANTIES OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL
OR WRITTEN, PAST, PRESENT OR FUTURE, OF, AS TO, CONCERNING OR WITH RESPECT TO:
(A) THE NATURE, QUALITY OR CONDITION OF SUCH SUBJECT PROPERTY, INCLUDING,
WITHOUT LIMITATION, THE WATER, SOIL AND GEOLOGY; (B) THE INCOME TO BE DERIVED
FROM THE SUBJECT PROPERTY; (C) THE SUITABILITY OF THE SUBJECT PROPERTY FOR ANY
AND ALL ACTIVITIES AND USES WHICH PURCHASER MAY CONDUCT THEREON; (D) THE
COMPLIANCE OF OR BY THE SUBJECT PROPERTY OR ITS OPERATION WITH ANY LAWS, RULES,
ORDINANCES OR REGULATIONS OF ANY APPLICABLE GOVERNMENTAL AUTHORITY OR BODY,
INCLUDING, WITHOUT LIMITATION, THE ENDANGERED SPECIES ACT ("ESA") AND ANY
FEDERAL, STATE, AND/OR LOCAL LAWS AND/OR REGULATIONS DESIGNED TO IMPLEMENT OR
RELATED TO THE ESA; (E) THE HABITABILITY, MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE OF SUCH SUBJECT PROPERTY; OR (F) ANY OTHER MATTER WITH
RESPECT TO THE SUBJECT PROPERTY. WITHOUT LIMITING THE FOREGOING, AND EXCEPT AS
OTHERWISE PROVIDED IN THE CONTRACT, SELLER DOES NOT AND HAS NOT MADE ANY
REPRESENTATION OR WARRANTY REGARDING THE PRESENCE OR ABSENCE OF ANY HAZARDOUS
SUBSTANCES ON, UNDER OR ABOUT SUCH SUBJECT PROPERTY OR THE COMPLIANCE OR
NONCOMPLIANCE OF SUCH SUBJECT PROPERTY WITH ANY LAWS REGARDING HAZARDOUS
SUBSTANCES. PURCHASER FURTHER ACKNOWLEDGES AND AGREES THAT BEING GIVEN THE
OPPORTUNITY TO INSPECT THE SUBJECT PROPERTY, PURCHASER WILL BE PURCHASING THE
SUBJECT PROPERTY PURSUANT TO ITS INDEPENDENT EXAMINATION, STUDY, INSPECTION AND
KNOWLEDGE OF THE SUBJECT PROPERTY, AND PURCHASER IS RELYING UPON ITS OWN
DETERMINATION OF THE VALUE OF THE SUBJECT PROPERTY AND USES TO WHICH THE SUBJECT
PROPERTY MAY BE PUT, AND NOT ON ANY INFORMATION PROVIDED OR TO BE PROVIDED BY
SELLER, EXCEPT AS EXPRESSLY STATED IN THE CONTRACT. PURCHASER FURTHER
ACKNOWLEDGES AND AGREES THAT ANY INFORMATION PROVIDED OR TO BE PROVIDED WITH
RESPECT TO THE SUBJECT 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
15
INFORMATION AND SELLER MAKES NO REPRESENTATIONS AS TO THE ACCURACY OR
COMPLETENESS OF SUCH INFORMATION. THE OCCURRENCE OF THE CLOSING SHALL CONSTITUTE
AN ACKNOWLEDGMENT BY PURCHASER THAT THE SUBJECT PROPERTY WAS ACCEPTED WITHOUT
REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED (EXCEPT FOR THE WARRANTIES OF
TITLE SET FORTH IN THE DEED OR IN THE CONTRACT, IF ANY), AND OTHERWISE IN AN "AS
IS", "WHERE IS", AND "WITH ALL FAULTS" CONDITION BASED SOLELY ON PURCHASER'S OWN
INSPECTION. THE ACKNOWLEDGMENTS AND AGREEMENTS OF PURCHASER SET FORTH IN THIS
PARAGRAPH SHALL SURVIVE THE CLOSING AND SHALL NOT BE MERGED THEREIN. THIS ENTIRE
PARAGRAPH HAS BEEN THE SUBJECT OF NEGOTIATION BETWEEN THE PARTIES TO THIS
CONTRACT, AND THE TERMS CONTAINED IN THIS PARAGRAPH HAVE BEEN BARGAINED FOR AND
ARE