CLOSING.
EXCEPT AS
EXPRESSLY PROVIDED IN THIS AGREEMENT, THE DEEDS AND THE DOCUMENTS DELIVERED BY
THE SELLERS AT CLOSING, THE SELLERS MAKE NO EXPRESS OR IMPLIED
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WARRANTY OF SUITABILITY OR FITNESS OF THE PROPERTY OR ANY PART THEREOF FOR ANY
PURPOSE, OR AS TO THE MERCHANTABILITY, TITLE, VALUE, QUALITY, CONDITION OR
SALABILITY OF ANY OF THE PROPERTY OR ANY PART THEREOF.
THE SALE OF THE PROPERTY
BY THE SELLERS TO PURCHASER SHALL BE "AS IS" AND "WHERE IS" AND PURCHASER IS
RELYING SOLELY ON THE TITLE COMMITMENTS AS TO TITLE MATTERS AND THE RESULTS OF
ITS TESTS AND INSPECTIONS PERMITTED UNDER THIS AGREEMENT AS TO THE PHYSICAL
CONDITION OF THE PROPERTY EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS
AGREEMENT, THE DEEDS AND SUCH DOCUMENTS AND MATERIALS DELIVERED BY THE SELLERS
AT CLOSING.
PURCHASER HEREBY ACKNOWLEDGES THAT IT HAS NOT RELIED AND WILL NOT
RELY ON, AND THE SELLERS ARE NOT LIABLE OR BOUND BY, ANY EXPRESS OR IMPLIED
WARRANTIES, GUARANTIES, STATEMENTS, REPRESENTATIONS OR INFORMATION PERTAINING TO
THE PROPERTY OR ANY PART THEREOF OR RELATING THERETO (INCLUDING SPECIFICALLY,
WITHOUT LIMITATION, OFFERING PACKAGES DISTRIBUTED WITH RESPECT TO THE PROPERTY)
MADE OR FURNISHED BY ANY SELLER, ANY MANAGER OF THE PROPERTY OR ANY PART THEREOF
OR ANY REAL ESTATE ADVISOR OR AGENT REPRESENTING OR PURPORTING TO REPRESENT ANY
OR ALL OF THE SELLERS, TO WHOMEVER MADE OR GIVEN DIRECTLY OR INDIRECTLY, ORALLY
OR IN WRITING, UNLESS SPECIFICALLY SET FORTH IN THIS AGREEMENT, THE DEEDS OR
SUCH DOCUMENTS AND MATERIALS TO BE DELIVERED BY THE SELLERS AT CLOSING.
14.03.
WITHOUT LIMITING THE GENERALITY OF SECTION 14.02, PURCHASER
ACKNOWLEDGES THAT CERTAIN MATERIALS AND SUBSTANCES THAT WERE IN COMMON USE
WITHOUT REGULATION AT AND SINCE THE ORIGINAL CONSTRUCTION OF THE IMPROVEMENTS
MAY NOW BE DEEMED TO BE HAZARDOUS MATERIALS OR HAZARDOUS SUBSTANCES UNDER
APPLICABLE LAW OR THE USE, OR THE METHOD OF USE, OF SUCH ITEMS MAY NOW BE
PROHIBITED OR REGULATED, THAT SOME OF THOSE MATERIALS AND SUBSTANCES MAY HAVE
BEEN USED IN THE CONSTRUCTION OR REPAIR OF THE IMPROVEMENTS OR THE SUBSEQUENT
MAINTENANCE OF THE PROPERTY OR ANY PART THEREOF, THAT OWNERS OF THE PROPERTY OR
ADJACENT PROPERTY MAY HAVE STORED, RELEASED, TRANSPORTED OR OTHERWISE DISPOSED
OF MATERIAL ON SUCH PROPERTIES DEEMED TO BE HAZARDOUS SUBSTANCES UNDER
APPLICABLE LAW, AND THAT, NOTWITHSTANDING THE SELLERS MAKING AVAILABLE ANY
ENVIRONMENTAL STUDIES, ENGINEERING REPORTS OR OTHER INVESTIGATIONS, PURCHASER
SHALL BE SOLELY RESPONSIBLE FOR ALL INVESTIGATION OR INQUIRY INTO SUCH ITEMS AND
NEITHER THE SELLERS NOR THEIR PREDECESSORS IN TITLE SHALL HAVE ANY LIABILITY
WHATSOEVER TO PURCHASER FOR ANY CLAIMS RELATING TO OR ARISING FROM THE
EXISTENCE, REMOVAL AND REMEDIATION (INCLUDING CONSEQUENTIAL DAMAGES) OF SUCH
ITEMS.
THE FOREGOING SHALL NOT BE INTERPRETED TO WAIVE ANY CLAIM OF PURCHASER
WITH RESPECT TO ANY BREACH BY ANY SELLER OF ITS REPRESENTATIONS IN THIS
AGREEMENT AND THE DOCUMENTS AND MATERIALS TO BE DELIVERED BY THE SELLERS AT
CLOSING.
PURCHASER
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REPRESENTS TO THE SELLERS THAT, EXCEPT TO THE EXTENT OF TESTS AND
INVESTIGATIONS, IF ANY, TO WHICH THE