WITH REPSECT TO THE PROPERTY, ITS CONDITION (PHYSICAL, FINANCIAL
OR OTHERWISE), THE OPERAITON OF, ACCESS TO, OR THE FITNESS FOR ANY SPECIFIC
PURPOSE OR USE, MERCHANTABILITY, HABITABILITY, OR THE LIE AND TOPOGRAPHY, OF ALL
OR ANY PORTION OF THE PROPERTY, THE EXISTENCE, LOCATION OR AVAILABILITY OF
UTILITY LINES FOR WATER, SEWER, DRAINAGE, ELECTRICITY OR ANY OTHER UTILITY, THE
INCOME-PRODUCING POTENTIAL OF THE PROPERTY, THE LAWS,
9
REGULATIONS AND RULES APPLICABLE TO THE PROPERY OR THE COMPLIANCE (OR
NON-COMPLIANCE) OF THE PROPERTY THEREWITH, ANY ENVIRONMENTAL LAWS, REGULATIONS
AND RULES (OR OTHER LAWS RELATIVE TO HAZARDOUS MATERIALS) APPLICABLE TO THE
PROPERTY OR THE COMPLIANCE (OR NON-COMPLIANCE) OF THE PROPERTY THEREWITH, THE
QUANITY, QUALITY OR CONDITION OF THE ARTICLES OF PERSONAL PROPERTY INCLUDED IN
THE TRANSACTIONS CONTEMPLATED HEREBY, THE PERMITTED USE OF THE PROPERTY OR ANY
PART THEREOF OR ANY OTHER AMTTER OR THING AFFECTING OR RELATING TO THE PROPERTY
OR THE TRANSACTIONS CONTEMPLATED HEREBY. PURCHASER ACKNOWLEDGES THAT PURCHASER
HAS NOT RELIED ON SELLER'S SKILL OR JUDGMENT TO SELECT OR FURNISH THE PROPERTY
FOR ANY PARTICULAR PURPOSE, AND THAT SELLER MAKES NO WARRANTY THAT THE PROPERTY
IS FIT FOR ANY PARTICULAR PURPOSE. WITHOUT LIMITING ANY EXPRESS REPRESENTATIONS
CONTAINED IN THIS CONTRACT OR THE SELLER DOCUMENTS, PURCHASE FUTHER ACKNOWLEDGES
AND AGREES THAT (1) ALL INFORMATION PROVIDED OR TO BE PROVIDED WITH RESPECT TO
THE PROPERTY (INCLUDING, WITHOUT LIMITATION, THE SELLER'S DELIVERABLES) WAS OR
WILL BE OBTAINED FROM A VARIETY OF SOURCES AND (A) SUCH INFORMAITON HAS BEEN AND
WILL BE PROVIDED WITHOUT ANY RECOURSE TO OR LIABILITY OF SELLER OR THE PREPARES
THEREOF, AND (B) SELLER (I) HAS NOT MADE ANY INDEPENDENT INVESTIGATION OR
VERIFICATION OF SUCH INFORMATION AND )II) HAS NOT MADE ANY EXPRESS OR IMPLIED,
ORAL OR WRITTEN, REPRESENTATIONS AS TO ANY SUCH INFORMATION OR THE ACCURACY,
COMPLETENESS, FORM OR CONTENT OF SUCH INFORMATION, (2) THE PURCHASE PRICE
REFLECTS THE "AS-IS" NATURE OF THIS SALE AND ANY FAULTS, LIABILTIES, DEFECTS OR
OTHER ADVERSE MATTERS THAT MAY BE ASSOCIATED WITH THE PROPERTY, (3) PURCHASER'S
DECISION TO PURCHASE THE PROPERTY SHALL BE BASED SOLELY ON THE TERMS OF THIS
CONTRACT AND PURCHASER'S INDEPENDENT EVALUATION OF THE PROPERTY, AND (4) ANY
INFORMATION (INCLUDING, WITHOUT LIMITAITONS, THE SELLER'S DELIVERABLES)
HERETOFORE OR HEREAFTER PROVIDED BY SELLER TO PURCHASER SHALL BE FOR
INFORMATIONAL PURPOSES ONLY, AND PURCHSER SHALL NOT RELY UPON ANY SUCH
INFORMATION. PURCHASER HEREBY RELEASES SELLER AND ITS AFFILIATES AND THEIR
RESPECTIVE EMPLOYEES, AGENTS AND ATTORNEYS FROM ALL OBLIGATIONS AND LIABILITIES
WITH RESPECT TO ALL SUCH INFORMATION (INCLUDING, WITHOUT LIMITAITON, THE
SELLER'S DELIVERABLES) EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS CONTRACT,
AND THE CLOSING STATEMENT SHALL INCLUDE A RATIFICATION AND CONFIRMATION OF SUCH
RELEASE AS OF THE CLOSING DATE. PURCHASER ACKNOWLEDGES AND AGREES THAT, EXCEPT
AS EXPRESSLY PROVIDED IN THIS CONTRACT, SELLER SHALL BE UNDER NO DUTY TO MAKE
ANY AFFIRMATIVE DISCLOSURE REGARDING ANY MATTER WHICH MAY BE KNOWN TO SELLER, OR
ITS OFFICERS, DIRECTORS, CONTRACTORS, AGENTS OR EMPLOYEES.
8.3
NOTWITHSTANDING THE FOREGOING, THE PURCHASER'S RELEASE OF SELLER AND
WAIVER AS SET FORTH IN SECTION