COPIES OF LEASES PROVIDED OR MADE
AVAILABLE TO PURCHASER PURSUANT TO SECTIONS 3.5.1 AND 3.5.2 ARE TRUE, CORRECT
AND COMPLETE IN ALL MATERIAL RESPECTS;
6.1.8
SELLER HAS NOT:
(I) COMMENCED A CASE UNDER TITLE 11 OF THE UNITED
STATES CODE, AS NOW CONSTITUTED OR HEREAFTER AMENDED, OR UNDER ANY OTHER
APPLICABLE FEDERAL OR STATE BANKRUPTCY LAW OR OTHER SIMILAR LAW; (II) APPOINTED
A TRUSTEE OR RECEIVER OF ANY PROPERTY INTEREST; (III) MADE AN ASSIGNMENT FOR THE
BENEFIT OF CREDITORS; (IV) BEEN SUBJECT TO AN ATTACHMENT, EXECUTION OR OTHER
JUDICIAL SEIZURE OF A SUBSTANTIAL PROPERTY INTEREST; (V) TAKEN, FAILED TO TAKE
OR SUBMITTED TO ANY ACTION INDICATING AN INABILITY TO MEET ITS FINANCIAL
OBLIGATIONS AS THEY ACCRUE; OR (VI) DISSOLVED OR LIQUIDATED; AND
6.1.9
SELLER HAS NOT ENTERED INTO ANY OTHER CONTRACTS FOR THE SALE OF THE
PROPERTY, NOR DO THERE EXIST ANY RIGHTS OF FIRST REFUSAL OR OPTIONS TO PURCHASE
THE PROPERTY; AND.
6.1.10
TO SELLER'S KNOWLEDGE, (I) THERE ARE NO LEASING COMMISSIONS OR OTHER
FEES DUE ANY REAL ESTATE BROKERS, NOR WILL ANY BECOME DUE, IN CONNECTION WITH
ANY TENANT LEASES, AND (II) SELLER HAS RECEIVED NO NOTICES ALLEGING ANY DEFAULTS
OR BREACHES BY SELLER, AS LANDLORD, UNDER ANY LEASE, OR BY A CONTRACTING PARTY
AGAINST SELLER UNDER ANY SERVICE CONTRACT, WHICH, IN EITHER CASE, REMAIN
UNCURED.
6.2
AS-IS.
Except as otherwise expressly set forth in Seller's Representations:
6.2.1
THE PROPERTY IS EXPRESSLY PURCHASED AND SOLD "AS IS," "WHERE IS,"
AND "WITH ALL FAULTS."
6.2.2
THE PURCHASE PRICE AND THE TERMS AND CONDITIONS SET FORTH HEREIN
ARE THE RESULT OF ARM'S-LENGTH BARGAINING BETWEEN ENTITIES FAMILIAR WITH
TRANSACTIONS OF THIS KIND, AND SAID PRICE, TERMS AND CONDITIONS REFLECT THE FACT
THAT PURCHASER SHALL HAVE THE BENEFIT OF, BUT IS NOT RELYING UPON, ANY
INFORMATION PROVIDED BY SELLER OR BROKER OR STATEMENTS, REPRESENTATIONS OR
WARRANTIES, EXPRESS OR IMPLIED, MADE BY OR ENFORCEABLE DIRECTLY AGAINST SELLER
OR BROKER, INCLUDING, WITHOUT LIMITATION, ANY RELATING TO THE VALUE OF THE
PROPERTY, THE PHYSICAL OR ENVIRONMENTAL CONDITION OF THE PROPERTY, ANY STATE,
FEDERAL, COUNTY OR LOCAL LAW, ORDINANCE, ORDER OR PERMIT; OR THE SUITABILITY,
COMPLIANCE OR LACK OF COMPLIANCE OF THE PROPERTY WITH ANY REGULATION, OR ANY
OTHER ATTRIBUTE OR MATTER OF OR RELATING TO THE PROPERTY (OTHER THAN ANY
COVENANTS OF TITLE CONTAINED IN THE DEED CONVEYING THE PROPERTY AND SELLER'S
REPRESENTATIONS).
PURCHASER AGREES THAT SELLER SHALL NOT BE RESPONSIBLE OR
LIABLE TO PURCHASER FOR ANY DEFECTS, ERRORS OR OMISSIONS IN THE MATERIALS, OR ON
ACCOUNT OF ANY CONDITIONS AFFECTING THE PROPERTY.
6.2.3
PURCHASER, ITS SUCCESSORS AND ASSIGNS, AND ANYONE CLAIMING BY,
THROUGH OR UNDER PURCHASER, HEREBY FULLY RELEASES SELLER'S INDEMNIFIED PARTIES
FROM, AND IRREVOCABLY WAIVES ITS RIGHT TO MAINTAIN, ANY AND ALL CLAIMS AND
CAUSES OF ACTION THAT IT OR THEY MAY NOW HAVE OR HEREAFTER ACQUIRE AGAINST
SELLER'S INDEMNIFIED PARTIES WITH RESPECT TO ANY AND ALL LOSSES ARISING FROM OR
RELATED TO ANY DEFECTS, ERRORS, OMISSIONS IN THE MATERIALS OR OTHER CONDITIONS
AFFECTING THE PROPERTY.
6.2.4
PURCHASER REPRESENTS AND WARRANTS THAT, AS