(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
LONG AS SELLER COMPLIES WITH ARTICLE VII.
6.3.
SURVIVAL OF SELLER'S REPRESENTATIONS.
Seller and Purchaser agree that Seller's Representations shall survive Closing
for a period of 6 months (the "Survival Period").
Seller shall have no
liability after the