LIMITED TO, ADVERSE PHYSICAL AND
ENVIRONMENTAL CONDITIONS, THAT MAY NOT HAVE BEEN REVEALED BY BUYER'S INSPECTIONS
AND INVESTIGATIONS. BUYER FURTHER ACKNOWLEDGES AND AGREES THAT BUYER IS
ACQUIRING THE PROPERTY ON AN AS IS, WHERE IS AND WITH ALL FAULTS BASIS WITHOUT
REPRESENTATIONS, WARRANTIES OR COVENANTS, EXPRESS OR IMPLIED, OF ANY KIND OR
NATURE. BUYER DISCLAIMS RELIANCE UPON ALL ORAL REPRESENTATIONS AND WARRANTIES,
EXPRESS OR IMPLIED, OF ANY KIND OR NATURE. THE PURCHASE PRICE IS A DISCOUNTED
PURCHASE PRICE REPRESENTING THE FACT THAT THE PROPERTY IS BEING PURCHASED BY
BUYER ON AN AS IS, WHERE IS AND WITH ALL FAULTS BASIS. BUYER HEREBY WAIVES AND
RELINQUISHES ALL RIGHTS AND PRIVILEGES ARISING OUT OF, OR WITH RESPECT OR IN
RELATION TO, ANY REPRESENTATIONS, WARRANTIES OR COVENANTS, WHETHER EXPRESS OR
IMPLIED, WHICH MAY HAVE BEEN MADE OR GIVEN, OR WHICH MAY HAVE BEEN DEEMED TO
HAVE BEEN MADE OR GIVEN, BY THE SELLER. BUYER HEREBY ASSUMES ALL RISK AND
LIABILITY (AND AGREES THAT SELLER SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT,
INDIRECT, CONSEQUENTIAL OR OTHER DAMAGES) RESULTING OR ARISING FROM OR RELATING
TO THE OWNERSHIP, USE, CONDITION, LOCATION, MAINTENANCE, REPAIR OR OPERATION OF
THE PROPERTY.
Section 2 SPECIFIC. WITHOUT LIMITING THE GENERAL PROVISIONS OF SECTION 1
HEREINABOVE, IT IS UNDERSTOOD AND AGREED THAT SELLER IS NOT MAKING AND
SPECIFICALLY DISCLAIMS ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR
CHARACTER, EXPRESS OR IMPLIED, AS TO (a) MATTERS OF TITLE, (b) ZONING, (c) TAX
CONSEQUENCES, (d) PHYSICAL OR ENVIRONMENTAL CONDITIONS, (e) AVAILABILITY OF
ACCESS, INGRESS OR EGRESS, (f) OPERATING HISTORY OR PROJECTIONS, (g) VALUATION,
(h) GOVERNMENTAL APPROVALS, (i) GOVERNMENTAL REGULATIONS OR ANY OTHER MATTER OR
THING RELATING TO OR AFFECTING THE PROPERTY, INCLUDING, WITHOUT LIMITATION:
(i) THE VALUE, CONDITION, MERCHANTABILITY,
Buyer's Initials:
/s/ BB Seller's Initials:
/s/ GF
17 December 04 - 8226 Bee Caves Road
i of v
MARKETABILITY, PROFITABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR USE OR
PURPOSE OF THE PROPERTY, (ii) THE MANNER OR QUALITY OF THE CONSTRUCTION OR
MATERIALS INCORPORATED INTO ANY OF THE PROPERTY, AND (iii) THE MANNER, QUALITY,
STATE OF REPAIR OR LACK OF REPAIR OF THE PROPERTY. BUYER FURTHER EXPRESSLY
ACKNOWLEDGES AND AGREES THAT SELLER IS NOT REPRESENTING OR WARRANTING THAT
ANYTHING CAN OR WILL BE ACCOMPLISHED THROUGH BUYER'S OR SELLER'S EFFORTS WITH
REGARD TO THE PLANNING, PLATTING OR ZONING PROCESS OF THE CITY OF AUSTIN, TEXAS,
TRAVIS COUNTY, TEXAS, OR ANY OTHER GOVERNMENTAL OR MUNICIPAL AUTHORITIES, BOARDS
OR ENTITIES. BUYER FURTHER ACKNOWLEDGES THAT SELLER HAS NOT WARRANTED, AND DOES
NOT HEREBY WARRANT, THAT THE PROPERTY NOW OR IN THE FUTURE WILL MEET OR COMPLY
WITH THE REQUIREMENTS OF ANY SAFETY CODE, ENVIRONMENTAL LAW OR REGULATION OF THE
STATE OF TEXAS, THE CITY OF AUSTIN, TEXAS, TRAVIS COUNTY, TEXAS, OR ANY OTHER
AUTHORITY OR JURISDICTION.
Section 3 EXCLUDED ITEMS. NOTWITHSTANDING ANY SEEMING CONTRADICTION, IT IS
AGREED AND UNDERSTOOD THAT THE PROVISIONS OF THIS ADDENDUM A ARE LIMITED SO
AS-NOT TO BE CONSTRUED AS DIMINISHING OR NEGATING (a) SELLER'S RESPONSIBILITY
FOR ANY REPRESENTATIONS PROVIDED IN THE CONTRACT