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H. Prollei-N Sold As Is.
<br />(a) Purchaser represents that as of the Closing Date that it:
<br />(i) will have frilly inspected the Property; and
<br />(ii) will have made all investigations as it deems necessary or appropriate and will be
<br />relying solely upon its hispection and investigation of the Property for all purposes whatsoever,
<br />including, but not limited to, the determination of the condition of the struct€ares, improvements,
<br />soils, subsurface, drainage, surface and groundwater quality, and all other physical
<br />characteristics; availability and adequacy of utilities; compliance with governmental laws and
<br />regulations; access; encroachments; acreage and other survey platters and the character and
<br />suitability of the Property.
<br />(b) purchaser hereby acknowledges and agrees that the sale of the Property hercunder is and
<br />will be made on an "as is, where is and with all faults" basis. The occur'r'ence of Closing shall constitute
<br />an acknowledgment by Purchaser that the Proerty was aece ted without representation or warrauty,
<br />express or implied (except as otherwise specifically set forth herein and except for the special warranties
<br />of title set forth in the special warrant), deed).
<br />(c) Except as otherwise specifically set forth in this Agreement and except for the special
<br />Warranties of title set forth ill the special warranty deed, Seller hereby specifically negates and disclaims
<br />anipresentations, warranties or guaranties of any kind or character, whether express or implied, oral or
<br />written past present future or otherwise of as to, concerning or with respect to the Property, including
<br />without limitation (i) the nature and condition_ of the Proper, and the suitabilitythereof for any and.—all
<br />activities and uses which Purchaser may elect to conduct thereon, (ii) the nature and extent of anal
<br />of"ivay, lease, possession, lien, encumbrance, license, reservation, condition or any other matter relating
<br />in gjMway to the Pronerty(iii) the compliance of the Propoity or its operation with any laws, ordinances
<br />ar i•evulations of all ovcrmlaerit or other authority or body,iv rile existence of any toxic or hazardous
<br />substance or haste in, on, unde_r•_the surface of or about the Pro ei v geological conditions including
<br />without limitation subsidence, subsurface conditions, water table underground water reservoirs,
<br />limitations regarding the withdrawal of water and faulting, (vi) whather or not and to the extent to which
<br />the Property, o�y portion thereof is affected by any stream (surface 01• underground) body of water,
<br />fjaod prone area, floodplain, rloodway or special flood hazard, (vii)drainage, (viii) zgziing or lane[ use
<br />restrictions rules and regulations to which the Propo y_orany portion thereof pray be sub'e� ct, (ix the
<br />availability of any utilities to the Property or any po€ ran #hereof inclucluig, without limitation_, water,
<br />sew<a e gas and electric, and including the utility availability capacities altacaterl to t11e Plopel%�V fire
<br />relevant governmental or regulatory authority,(x) usages of adjoining property. (xi) access to the Property
<br />or any portion thereof, (xii) the value compliance with the plans and specifications, size location a c
<br />use, design,gualit,,description, durability, structural intehr�ity, operation, leasing, title to, or physical or
<br />financial condition of the Property or any portion thereof, or any income. expenses, charges, Iicns,
<br />encumbrances, rights or claims on or affecting or pertaining to the Proyeriy or my- art thereof, (xiii) the
<br />otential for further development of the Property, or (xiv) the merchantability of the Property or fitness of
<br />the Property for any articular purpose (Purchaser affirming that Purchaser has not relied on Seller's skill
<br />or Judgment to select or furnish the Property_for arty particular• purpose, and that Seller makes no warranty
<br />that the Property is fit for any particular purpose).
<br />The warranties, representations, agreements, indemnification arul release set forth in this
<br />Paragraph I 1 shall survive closing, and shall be incorporated into the deed.
<br />ATTACHMENT I TO PURCHASE AND SALE AGNEEMENT: CITY OF LA PORTIO TO
<br />I._A PORTE DEVELOPMENT CORPORATION -- PACE 17
<br />(kb1:5/4/12:55288)
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