AND EXTENT OF ANY RIGHT-OF-WAY, LEASE, POSSESSION, LIEN, ENCUMBRANCE,
LICENSE, RESERVATION, CONDITION OR OTHERWISE; (D) THE COMPLIANCE OF THE PROPERTY
OR ITS OPERATION WITH ANY LAWS, ORDINANCES OR REGULATIONS OF ANY GOVERNMENTAL OR
OTHER BODY; (E) THE PROPERTY'S CONDITION, HABITABILITY, MERCHANTABILITY,
TENANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND (F) THE PROPERTY'S FUTURE
FINANCIAL PERFORMANCE.
PURCHASER ACKNOWLEDGES THAT IT HAS HAD AND WILL HAVE AN
OPPORTUNITY TO INSPECT THE PROPERTY AND THAT IT WILL BE RELYING SOLELY ON ITS
OWN INVESTIGATION OF THE PROPERTY AND NOT ON ANY INFORMATION PROVIDED OR TO BE
PROVIDED BY SELLER EXCEPT FOR THE LIMITED WARRANTIES OF TITLE SET FORTH IN THE
DEED AND THE REPRESENTATIONS AND WARRANTIES SET FORTH IN SECTION 5.3 OF THIS
AGREEMENT.
PURCHASER FURTHER ACKNOWLEDGES THAT ITS INFORMATION WITH RESPECT TO
THE PROPERTY WILL BE OBTAINED FROM A VARIETY OF SOURCES, AND SELLER (X) HAVE NOT
MADE, AND WILL NOT MAKE, ANY INDEPENDENT INVESTIGATION OR VERIFICATION OF SUCH
INFORMATION AND (Y) DO NOT MAKE ANY REPRESENTATIONS AS TO THE ACCURACY OR
COMPLETENESS OF ANY SUCH INFORMATION EXCEPT AS PROVIDED IN SECTION 5.3 OF THIS
AGREEMENT.
PURCHASER EXPRESSLY ACKNOWLEDGES THAT THE PURCHASE PRICE FOR THE
PROPERTY REFLECTS THE CURRENTLY EXISTING CONDITION OF THE PROPERTY.
10.
"AS IS" SALE.
THE SALE OF THE PROPERTY AS PROVIDED FOR HEREIN IS MADE ON AN "AS
IS," "WHERE IS" BASIS AND "WITH ALL FAULTS."
PURCHASER AGREES THAT (A) SELLER
SHALL NOT BE RESPONSIBLE OR LIABLE TO PURCHASER FOR ANY CONSTRUCTION DEFECTS,
ERRORS, OMISSIONS, OR ON ACCOUNT OF ANY OTHER CONDITIONS AFFECTING THE PROPERTY;
(B) PURCHASER OR ANYONE CLAIMING BY, THROUGH OR UNDER PURCHASER, HEREBY FULLY
RELEASES SELLER, ITS EMPLOYEES, OFFICERS, DIRECTORS, REPRESENTATIVES AND AGENTS
FROM ANY COST, LOSS, LIABILITY, DAMAGE, EXPENSE, DEMAND, ACTION OR CAUSE OF
ACTION ARISING FROM OR RELATED TO ANY CONSTRUCTION DEFECTS, ERRORS, OMISSIONS,
OR OTHER CONDITIONS AFFECTING THE PROPERTY; (C) THE FOREGOING RELEASE SHALL BE
GIVEN FULL FORCE AND EFFECT ACCORDING TO EACH OF ITS EXPRESSED TERMS AND
PROVISIONS, INCLUDING, BUT NOT LIMITED TO, THOSE RELATING TO UNKNOWN AND
SUSPECTED CLAIMS, DAMAGES AND CAUSES OF ACTION; (D) THIS COVENANT RELEASING
SELLER SHALL BE A COVENANT RUNNING WITH THE LAND AND SHALL BE BINDING UPON
PURCHASER, ITS SUCCESSORS AND ASSIGNS; (E) IN THE EVENT OF ANY SUCH CONSTRUCTION
DEFECTS, ERRORS, OMISSIONS OR ON ACCOUNT OF ANY OTHER CONDITIONS AFFECTING THE
PROPERTY, EXCEPT IN THE CASE OF A BREACH OF THE REPRESENTATION AND WARRANTIES OF
SELLER IN SECTION 5.3, PURCHASER SHALL LOOK SOLELY TO SELLER'S PREDECESSORS IN
TITLE OR TO SUCH CONTRACTS AND CONSULTANTS AS MAY HAVE CONTRACTED FOR WORK IN
CONNECTION WITH THE PROPERTY FOR ANY REDRESS OR RELIEF, WITHOUT RECOURSE TO OR
REPRESENTATION FROM SELLER AS TO THE AVAILABILITY OF ANY SUCH REDRESS OR RELIEF;
AND (F) AS CONSIDERATION FOR THE ASSIGNMENT BY SELLER OF ITS CLAIMS (AS PROVIDED
BELOW), PURCHASER RELEASES SELLER OF ALL RIGHTS, EXPRESS OR IMPLIED, PURCHASER
MAY HAVE AGAINST SELLER ARISING OUT OF OR RESULTING FROM ANY ERRORS, OMISSIONS
OR DEFECTS IN THE PROPERTY.
SELLER HEREBY ASSIGNS WITHOUT