OR OTHER AGREEMENTS AFFECTING THE PROPERTY,
WITHOUT BUYER'S WRITTEN APPROVAL, WHICH APPROVAL WILL NOT BE UNREASONABLY
WITHHELD.
(F)
POSSESSORY RIGHTS.
SELLER HAS NO
KNOWLEDGE THAT ANYONE WILL, AT THE CLOSING, HAVE ANY RIGHT TO POSSESSION OF THE
PROPERTY, EXCEPT AS DISCLOSED BY THIS AGREEMENT OR OTHERWISE IN WRITING TO
BUYER.
(G)
MECHANICS' LIENS.
THERE ARE NO UNSATISFIED
MECHANICS' OR MATERIALMENS' LIEN RIGHTS CONCERNING THE PROPERTY.
(H)
ACTIONS, SUITS OR PROCEEDINGS.
SELLER HAS
NO KNOWLEDGE OF ANY ACTIONS, SUITS OR PROCEEDINGS PENDING OR THREATENED BEFORE
ANY COMMISSION, BOARD, BUREAU, AGENCY, ARBITRATOR, COURT OR TRIBUNAL THAT WOULD
AFFECT THE PROPERTY OR THE RIGHT TO OCCUPY OR UTILIZE SAME.
(I)
NOTICE OF CHANGES.
SELLER WILL PROMPTLY
NOTIFY BUYER AND BROKERS IN WRITING OF ANY MATERIAL CHANGE (SEE
PARAGRAPH 9.1(N)) AFFECTING THE PROPERTY THAT BECOMES KNOWN TO SELLER PRIOR TO
THE CLOSING.
(J)
NO TENANT BANKRUPTCY PROCEEDINGS.
SELLER HAS NO NOTICE OR KNOWLEDGE THAT ANY TENANT OF THE PROPERTY IS THE SUBJECT
OF A BANKRUPTCY OR INSOLVENCY PROCEEDING.
(K)
NO SELLER BANKRUPTCY PROCEEDINGS.
SELLER
IS NOT THE SUBJECT OF A BANKRUPTCY, INSOLVENCY OR PROBATE PROCEEDING.
(L)
PERSONAL PROPERTY.
SELLER HAS NO
KNOWLEDGE THAT ANYONE WILL, AT THE CLOSING, HAVE ANY RIGHT TO POSSESSION OF ANY
PERSONAL PROPERTY INCLUDED IN THE PURCHASE PRICE NOR
KNOWLEDGE OF ANY LIENS OR ENCUMBRANCES AFFECTING SUCH PERSONAL PROPERTY, EXCEPT
AS DISCLOSED BY THIS AGREEMENT OR OTHERWISE IN WRITING TO BUYER.
12.2
BUYER HEREBY ACKNOWLEDGES THAT, EXCEPT AS
OTHERWISE STATED IN THIS AGREEMENT, BUYER IS PURCHASING THE PROPERTY IN ITS
EXISTING CONDITION AND WILL, BY THE TIME CALLED FOR HEREIN, MAKE OR HAVE WAIVED
ALL INSPECTIONS OF THE PROPERTY BUYER BELIEVES ARE NECESSARY TO PROTECT ITS OWN
INTEREST IN, AND ITS CONTEMPLATED USE OF, THE PROPERTY.
THE PARTIES ACKNOWLEDGE
THAT, EXCEPT AS OTHERWISE STATED IN THIS AGREEMENT, NO REPRESENTATIONS,
INDUCEMENTS, PROMISES, AGREEMENTS, ASSURANCES, ORAL OR WRITTEN, CONCERNING THE
PROPERTY, OR ANY ASPECT OF THE OCCUPATIONAL SAFETY AND HEALTH LAWS, HAZARDOUS
SUBSTANCE LAWS, OR ANY OTHER ACT, ORDINANCE OR LAW, HAVE BEEN MADE BY EITHER
PARTY OR BROKERS, OR RELIED UPON BY EITHER PARTY HERETO.
12.3
IN THE EVENT THAT BUYER LEARNS THAT A SELLER
REPRESENTATION OR WARRANTY MIGHT BE UNTRUE PRIOR TO THE CLOSING, AND BUYER
ELECTS TO PURCHASE THE PROPERTY ANYWAY THEN, AND IN THAT EVENT, BUYER WAIVES ANY
RIGHT THAT IT MAY HAVE TO BRING AN ACTION OR PROCEEDING AGAINST SELLER OR
BROKERS REGARDING SAID REPRESENTATION OR WARRANTY.
12.4
ANY ENVIRONMENTAL REPORTS, SOILS REPORTS,
SURVEYS, AND OTHER SIMILAR DOCUMENTS WHICH WERE PREPARED BY THIRD PARTY
CONSULTANTS AND PROVIDED TO BUYER BY SELLER OR SELLER'S REPRESENTATIVES, HAVE
BEEN DELIVERED AS AN ACCOMMODATION TO BUYER AND WITHOUT ANY REPRESENTATION OR
WARRANTY AS TO THE SUFFICIENCY, ACCURACY, COMPLETENESS, AND/OR VALIDITY OF SAID
DOCUMENTS, ALL OF WHICH BUYER RELIES ON AT ITS OWN RISK.
SELLER BELIEVES SAID
DOCUMENTS TO BE ACCURATE, BUT BUYER IS ADVISED TO RETAIN APPROPRIATE CONSULTANTS
TO REVIEW SAID DOCUMENTS AND INVESTIGATE THE PROPERTY.
13.
POSSESSION.
Possession of the Property shall be given to Buyer at the Closing