SELLER'S SOLE COST AND EXPENSE, COPIES OF ALL THIRD PARTY REPORTS,
INVESTIGATIONS AND STUDIES, OTHER THAN ECONOMIC ANALYSES (COLLECTIVELY, THE
"REPORTS" AND, INDIVIDUALLY, A "REPORT") PREPARED FOR PURCHASER IN CONNECTION
WITH ITS DUE DILIGENCE REVIEW OF THE PROPERTY.
THE REPORTS SHALL BE DELIVERED
TO SELLER WITHOUT ANY REPRESENTATION OR WARRANTY AS TO THE COMPLETENESS OR
ACCURACY OF THE REPORTS OR ANY OTHER MATTER RELATING THERETO, AND SELLER SHALL
HAVE NO RIGHT TO RELY ON ANY REPORT WITHOUT THE WRITTEN CONSENT OF THE PARTY
PREPARING SAME.
PURCHASER'S OBLIGATION TO DELIVER THE PROPERTY DOCUMENTS AND
THE REPORTS TO SELLER SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.
4.6
SERVICE CONTRACTS.
CONCURRENTLY WITH THE EXECUTION AND DELIVERY OF
THIS AGREEMENT BY PURCHASER, PURCHASER WILL ADVISE SELLER IN WRITING OF WHICH
SERVICE CONTRACTS IT WILL ASSUME AND FOR WHICH SERVICE CONTRACTS PURCHASER
REQUESTS THAT SELLER DELIVER WRITTEN TERMINATION AT OR PRIOR TO CLOSING.
SELLER
SHALL DELIVER AT CLOSING NOTICES OF TERMINATION OF ALL SERVICE CONTRACTS THAT
ARE NOT SO ASSUMED.
PURCHASER MUST ASSUME THE OBLIGATIONS ARISING AND ACCRUING
FROM AND AFTER THE CLOSING DATE UNDER THOSE SERVICE CONTRACTS THAT PURCHASER HAS
AGREED TO ASSUME.
SELLER SHALL PAY ON OR BEFORE THEIR DUE DATE ANY TERMINATION
PAYMENTS OR MONTHLY FEES ARISING SUBSEQUENT TO CLOSING FOR ANY SERVICE CONTRACTS
THAT ARE NOT ASSUMED BY PURCHASER
4.7
PROPRIETARY INFORMATION; CONFIDENTIALITY.
PURCHASER ACKNOWLEDGES
THAT THE PROPERTY DOCUMENTS ARE PROPRIETARY AND CONFIDENTIAL AND HAVE BEEN
DELIVERED TO PURCHASER SOLELY TO ASSIST PURCHASER IN DETERMINING THE FEASIBILITY
OF PURCHASING THE PROPERTY.
PURCHASER SHALL NOT USE THE PROPERTY DOCUMENTS FOR
ANY PURPOSE OTHER THAN AS SET FORTH IN THE PRECEDING SENTENCE.
PURCHASER SHALL
NOT DISCLOSE THE CONTENTS TO ANY PERSON OTHER THAN TO THOSE PERSONS WHO ARE
RESPONSIBLE FOR DETERMINING THE FEASIBILITY OF PURCHASER'S ACQUISITION OF THE
PROPERTY, INCLUDING, WITHOUT LIMITATION, PURCHASER'S ATTORNEYS, PROSPECTIVE
LENDERS, ACCOUNTANTS, AGENTS, CONSULTANTS, PARTNERS, SHAREHOLDERS OR AS
OTHERWISE MAY BE REQUIRED BY LAW, RULE, REGULATION OR COURT ORDER (COLLECTIVELY,
"PERMITTED OUTSIDE PARTIES").
PURCHASER SHALL NOT DIVULGE THE CONTENTS OF THE
PROPERTY DOCUMENTS AND OTHER INFORMATION EXCEPT IN STRICT ACCORDANCE WITH THE
CONFIDENTIALITY STANDARDS SET FORTH IN THIS SECTION 4.7.
IN PERMITTING
PURCHASER TO REVIEW THE PROPERTY DOCUMENTS OR ANY OTHER INFORMATION, SELLER HAS
NOT WAIVED ANY PRIVILEGE OR CLAIM OF CONFIDENTIALITY WITH RESPECT THERETO, AND
NO THIRD PARTY BENEFITS OR RELATIONSHIPS OF ANY KIND, EITHER EXPRESS OR IMPLIED,
HAVE BEEN OFFERED, INTENDED OR CREATED.
4.8
LIMITED REPRESENTATION AND WARRANTY BY SELLER.
PURCHASER
ACKNOWLEDGES THAT, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SELLER HAS
NOT MADE AND DOES NOT MAKE ANY WARRANTY OR REPRESENTATION REGARDING THE TRUTH,
ACCURACY OR COMPLETENESS OF THE PROPERTY DOCUMENTS OR THE SOURCE(S) THEREOF.
PURCHASER FURTHER ACKNOWLEDGES THAT SOME IF NOT ALL OF THE PROPERTY DOCUMENTS
WERE PREPARED BY THIRD PARTIES OTHER THAN SELLER.
EXCEPT AS EXPRESSLY SET
FORTH IN THIS AGREEMENT, SELLER EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR
REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, STATEMENTS OF FACT AND OTHER
MATTERS CONTAINED IN SUCH INFORMATION, OR FOR OMISSIONS FROM THE PROPERTY