NOT BE RESPONSIBLE OR LIABLE TO PURCHASER FOR
ANY DEFECTS, ERRORS OR OMISSIONS IN THE MATERIALS, OR ON ACCOUNT OF ANY
CONDITIONS AFFECTING THE PROPERTY.
6.2.3.
EXCEPT FOR CLAIMS AGAINST SELLER ARISING FROM A BREACH
OF SELLER'S REPRESENTATIONS (SUBJECT TO SECTION 6.3), PURCHASER, ITS SUCCESSORS
AND ASSIGNS, AND ANYONE CLAIMING BY, THROUGH OR UNDER PURCHASER, HEREBY FULLY
RELEASES 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 IN THE
MATERIALS OR OTHER CONDITIONS AFFECTING THE PROPERTY.
6.2.4.
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
PROVIDES OR HAS 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 HAS DONE
SO OR SHALL DO SO ONLY FOR THE CONVENIENCE OF BOTH PARTIES, AND, EXCEPT WITH
RESPECT TO SELLER'S REPRESENTATIONS AND WARRANTIES EXPRESSLY SET FORTH IN THIS
CONTRACT, 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
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.
6.2.5.
SUBJECT TO COMPLIANCE WITH ARTICLE VII, PRIOR TO
CLOSING, SELLER SHALL HAVE THE RIGHT, BUT NOT THE OBLIGATION, TO ENFORCE ITS
RIGHTS AGAINST ANY AND ALL 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 THIS CONTRACT, SO