extended, refinanced, or in any
other way changed without the prior written consent of the Purchaser.
6.3 Knowledge Standard. The terms "to the best of the knowledge of the
Seller", "to the best knowledge of the Seller", to "Seller's knowledge" and
other phrases of like substance are to be construed to include only the actual
knowledge of the officers of Seller.
6.4 Survival of Representations and Warranties. All of the representations,
warranties and agreements of Seller set forth in this Contract shall be true
upon the Effective Date and shall survive the delivery of the special warranty
deed for a period of ninety (90) days following the Closing Date.
6.5 "AS IS, WHERE IS": Disclaimer of Warranties. AS A MATERIAL INDUCEMENT
TO SELLER TO ENTER INTO THIS CONTRACT AND TO SELL THE PROPERTY TO PURCHASER,
PURCHASER HEREBY ACKNOWLEDGES AND AGREES THAT (i) PURCHASER IS PURCHASING THE
PROPERTY IN "AS IS, WHERE IS CONDITION, WITH ALL FAULTS"; (ii) PURCHASER IS
PURCHASING THE PROPERTY SUBJECT TO ALL EXISTING LAWS, STATUTES, ORDINANCES,
CODES, RULES AND REGULATIONS, AND PURCHASER SHALL BE RESPONSIBLE FOR THE PAYMENT
OF ALL CONNECTION CHARGES, PRO RATA FEES, DEVELOPER LIABILITY PAYMENTS AND LIKE
CHARGES, FEES AND PAYMENTS REQUIRED IN CONNECTION WITH THE UTILIZATION OF
UTILITIES, ROADS OR OTHER SIMILAR IMPROVEMENTS TO SERVE
THE PROPERTY AND/OR ANY IMPROVEMENTS EXISTING OR HEREAFTER CONSTRUCTED OR PLACED
THEREON; (iii) EXCEPT AS EXPRESSLY SET FORTH IN THIS CONTRACT AND EXCEPT FOR THE
SPECIAL WARRANTY OF TITLE CONTAINED IN THE DEED, NEITHER SELLER NOR ANY PARTY
REPRESENTING SELLER HAS MADE ANY WARRANTY OR REPRESENTATION TO PURCHASER,
EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE PROPERTY, INCLUDING,
WITHOUT LIMITATION, ANY WARRANTIES OR REPRESENTATIONS CONCERNING HABITABILITY,
SUITABILITY, MERCHANTABILITY, WORKMANSHIP, INCOME TO BE DERIVED FROM THE
PROPERTY, EXPENSES TO BE INCURRED IN CONNECTION WITH THE PROPERTY, ZONING,
BUILDING CODE, PLATTING, SUBDIVISION, ACCESS, AVAILABILITY OF UTILITIES OR
COMPLIANCE WITH ANY LAWS, STATUTES, ORDINANCES, CODES, RULES OR REGULATIONS; AND
(iv) EXCEPT FOR THE EXPRESS WARRANTIES AND REPRESENTATIONS CONTAINED IN THIS
CONTRACT AND THE SPECIAL WARRANTY OF TITLE CONTAINED IN THE DEED, PURCHASER WILL
NOT RELY ON ANY WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, ORAL OR WRITTEN,
OF SELLER OR ANY PARTY REPRESENTING SELLER, BUT INSTEAD WILL RELY ON PURCHASER'S
AND ANY CONSULTANT(S)' INSPECTIONS, TESTS, SURVEYS, PROCEDURES AND
INVESTIGATIONS OF THE PROPERTY. PURCHASER FURTHER ACKNOWLEDGES AND AGREES THAT
ANY THIRD PARTY REPORT, AUDITS, ASSESSMENTS, STUDIES OR OTHER INFORMATION WITH
RESPECT OR PERTAINING TO THE PROPERTY FURNISHED TO PURCHASER BY SELLER
(INCLUDING, WITHOUT LIMITATION, AND ANY ENGINEERING REPORTS), OR BY ANY PARTY
REPRESENTING SELLER HAVE BEEN PROVIDED BY SELLER TO PURCHASER WITHOUT ANY
WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, ORAL OR WRITTEN, CONCERNING THE
ADEQUACY OR THE ACCURACY THEREOF AND THAT PURCHASER WILL NOT RELY THEREON BUT
INSTEAD WILL RELY ON PURCHASER'S OR THE APPLICABLE CONSULTANT(S)' INVESTIGATIONS
OF THE PROPERTY TO DETERMINE WHETHER THE PROPERTY IS IN A CONDITION SATISFACTORY
TO PURCHASER AND WHETHER THE PROPERTY IS SUITABLE FOR PURCHASER'S INTENDED USE.
The special warranty deed and all other conveyance