AGREEMENT.
11.2.6
PATRIOT ACT.
(1)
PURCHASER IS IN COMPLIANCE WITH THE
REQUIREMENTS OF THE ORDERS.
FURTHER, PURCHASER COVENANTS AND AGREES TO MAKE ITS
POLICIES, PROCEDURES AND PRACTICES REGARDING COMPLIANCE WITH THE ORDERS, IF ANY,
AVAILABLE TO SELLER FOR ITS REVIEW AND INSPECTION DURING NORMAL BUSINESS HOURS
AND UPON REASONABLE PRIOR NOTICE.
23
(2)
NEITHER PURCHASER NOR ANY BENEFICIAL OWNER
OF PURCHASER:
(A)
IS LISTED ON THE LISTS;
(B)
IS A PERSON OR ENTITY WHO HAS BEEN
DETERMINED BY COMPETENT AUTHORITY TO BE SUBJECT TO THE PROHIBITIONS CONTAINED IN
THE ORDERS; OR
(C)
IS OWNED OR CONTROLLED BY, OR ACTS FOR OR
ON BEHALF OF, ANY PERSON OR ENTITY ON THE LISTS OR ANY OTHER PERSON OR ENTITY
WHO HAS BEEN DETERMINED BY COMPETENT AUTHORITY TO BE SUBJECT TO THE PROHIBITIONS
CONTAINED IN THE ORDERS.
11.2.7
PATRIOT ACT NOTICE.
PURCHASER HEREBY COVENANTS AND AGREES
THAT IF PURCHASER OBTAINS KNOWLEDGE THAT PURCHASER OR ANY OF ITS BENEFICIAL
OWNERS BECOMES LISTED ON THE LISTS OR IS INDICTED, ARRAIGNED, OR CUSTODIALLY
DETAINED ON CHARGES INVOLVING MONEY LAUNDERING OR PREDICATE CRIMES TO MONEY
LAUNDERING, PURCHASER SHALL IMMEDIATELY NOTIFY SELLER IN WRITING, AND IN SUCH
EVENT, SELLER SHALL HAVE THE RIGHT TO TERMINATE THIS AGREEMENT WITHOUT PENALTY
OR LIABILITY TO PURCHASER IMMEDIATELY UPON DELIVERY OF WRITTEN NOTICE THEREOF TO
PURCHASER.
11.3
No Other Warranties and Representations.
Except as
specifically set forth in this Article XI, neither Seller nor Advisor has made,
makes or has authorized anyone to make, any warranty or representation as to the
Leases, the Service Contracts, any written materials delivered to Purchaser, the
persons preparing such materials, the truth, accuracy or completeness of such
materials, the present or future physical condition, development potential,
zoning, building or land use law or compliance therewith, the operation, income
generated by, or any other matter or thing affecting or relating to the Property
or any matter or thing pertaining to this Agreement.
Purchaser expressly
acknowledges that no such warranty or representation has been made and that
Purchaser is not relying on any warranty or representation whatsoever other than
as is expressly set forth in this Article XI.
Purchaser shall accept the
Property "as is" and in its condition on the date of Closing subject only to the
express provisions of this Agreement and hereby acknowledges and agrees that
EXCEPT AS SET FORTH IN SECTION 11.1 OF THIS AGREEMENT, SELLER HAS NOT MADE, DOES
NOT MAKE AND SPECIFICALLY NEGATES AND DISCLAIMS ANY REPRESENTATIONS, WARRANTIES
OR GUARANTIES OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED,
ORAL OR WRITTEN, PAST, PRESENT, FUTURE OR OTHERWISE, OF, AS TO, CONCERNING OR
WITH RESPECT TO, THE PROPERTY.
11.3.1
NO ENVIRONMENTAL REPRESENTATIONS.
EXCEPT AS SET FORTH IN
SECTION 11.1.13 HEREOF, SELLER MAKES NO REPRESENTATIONS OR WARRANTIES AS TO
WHETHER THE PROPERTY CONTAINS ASBESTOS, RADON OR ANY HAZARDOUS MATERIALS OR
HARMFUL OR TOXIC SUBSTANCES, OR PERTAINING TO THE EXTENT, LOCATION OR NATURE OF
SAME, IF ANY.
FURTHER, TO THE EXTENT THAT SELLER HAS PROVIDED TO PURCHASER
INFORMATION FROM ANY INSPECTION, ENGINEERING OR