PROPERTY (OTHER THAN ANY
COVENANTS OF TITLE CONTAINED IN THE DEED CONVEYING THE PROPERTY AND SELLER'S
REPRESENTATIONS WITH RESPECT TO THE PROPERTY).
PURCHASER AGREES THAT SELLER
SHALL NOT BE RESPONSIBLE OR LIABLE TO PURCHASER FOR ANY DEFECTS, ERRORS OR
OMISSIONS, OR ON ACCOUNT OF ANY CONDITIONS AFFECTING THE PROPERTY.
PURCHASER,
ITS SUCCESSORS AND ASSIGNS, AND ANYONE CLAIMING BY, THROUGH OR UNDER PURCHASER,
HEREBY FULLY RELEASES EACH OF 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 OR OTHER CONDITIONS AFFECTING THE PROPERTY.
PURCHASER REPRESENTS AND
WARRANTS THAT, AS OF THE DATE HEREOF AND AS OF THE CLOSING DATE, IT HAS AND
SHALL HAVE REVIEWED AND CONDUCTED SUCH INDEPENDENT ANALYSES, STUDIES (INCLUDING,
WITHOUT LIMITATION, ENVIRONMENTAL STUDIES AND ANALYSES CONCERNING THE PRESENCE
OF LEAD, ASBESTOS, WATER INTRUSION AND/OR FUNGAL GROWTH AND ANY RESULTING
DAMAGE, PCBS AND RADON IN AND ABOUT THE PROPERTY), REPORTS, INVESTIGATIONS AND
INSPECTIONS AS IT DEEMS APPROPRIATE IN CONNECTION WITH THE PROPERTY.
IF SELLER
PROVIDE OR HAVE PROVIDED ANY DOCUMENTS, SUMMARIES, OPINIONS OR WORK PRODUCT OF
CONSULTANTS, SURVEYORS, ARCHITECTS, ENGINEERS, TITLE COMPANIES, GOVERNMENTAL
AUTHORITIES OR ANY OTHER PERSON OR ENTITY WITH RESPECT TO THE PROPERTY,
INCLUDING, WITHOUT LIMITATION, THE OFFERING PREPARED BY BROKER, PURCHASER AND
SELLER AGREE THAT SELLER HAVE DONE SO OR SHALL DO SO ONLY FOR THE CONVENIENCE OF
THE PARTIES, PURCHASER SHALL NOT RELY THEREON AND THE RELIANCE BY PURCHASER UPON
ANY SUCH DOCUMENTS, SUMMARIES, OPINIONS OR WORK PRODUCT SHALL NOT CREATE OR GIVE
RISE TO ANY LIABILITY OF OR AGAINST SELLER'S INDEMNIFIED PARTIES.
PURCHASER
SHALL RELY ONLY UPON ANY TITLE INSURANCE OBTAINED BY PURCHASER WITH RESPECT TO
TITLE TO THE PROPERTY.
PURCHASER ACKNOWLEDGES AND AGREES THAT NO REPRESENTATION
HAS BEEN MADE AND NO RESPONSIBILITY IS ASSUMED BY SELLER WITH RESPECT TO CURRENT
AND FUTURE APPLICABLE ZONING OR BUILDING CODE REQUIREMENTS OR THE COMPLIANCE OF
THE PROPERTY WITH ANY OTHER LAWS, RULES, ORDINANCES OR REGULATIONS, THE
FINANCIAL EARNING CAPACITY OR EXPENSE HISTORY OF THE PROPERTY, THE CONTINUATION
OF CONTRACTS, CONTINUED OCCUPANCY LEVELS OF THE PROPERTY, OR ANY PART THEREOF,
OR THE CONTINUED OCCUPANCY BY TENANTS OF ANY LEASES OR, WITHOUT LIMITING ANY OF
THE FOREGOING, OCCUPANCY AT CLOSING.
PRIOR TO CLOSING, SELLER SHALL HAVE THE
RIGHT, BUT NOT THE OBLIGATION, TO ENFORCE ITS RIGHTS AGAINST ANY AND ALL OF THE
PROPERTY OCCUPANTS, GUESTS OR TENANTS.
PURCHASER AGREES THAT THE DEPARTURE OR
REMOVAL, PRIOR TO CLOSING, OF ANY OF SUCH GUESTS, OCCUPANTS OR TENANTS SHALL NOT
BE THE BASIS FOR, NOR SHALL IT GIVE RISE TO, ANY CLAIM ON THE PART OF PURCHASER,
NOR SHALL IT AFFECT THE OBLIGATIONS OF PURCHASER UNDER THIS CONTRACT IN ANY
MANNER WHATSOEVER; AND PURCHASER SHALL CLOSE TITLE AND ACCEPT DELIVERY OF THE
DEED WITH OR WITHOUT SUCH TENANTS IN POSSESSION AND WITHOUT ANY ALLOWANCE OR
REDUCTION IN THE PURCHASE PRICE UNDER