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11. ProaK=r ' Sold As Is,
<br />(a) Purchaser represents that as of the Closing Date that it,
<br />(i) will have fully inspected the Property; and
<br />(ii) will have made all investigations as it deems necessity or appropriate and will be
<br />relying solely upon its inspection and investigation of the Property for all purposes whatsoever,
<br />including, but not limited to, the deterntinatiolt of the condition of the structures, iniprovelnents,
<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 matters and t[te character and
<br />suitability of the Property.
<br />(b) PLII-ClraSel• hereby acknowledges and ag1ees_that the sale of the Property hereunder is and
<br />will be made ort an "as is, where is. and with all faults'' basis. The occurrence, of Closing, shall constitute
<br />all acknowledgment by PurCliaser that the Property was accepted withoutrepresentation of warranty,
<br />express or implied (except as ON envise specifically set forth herein and exccgor the suecial warranties
<br />of title set forth in the special warranty deed).
<br />(c) Except as otherwise specifically set forth _i>t this Agreement and except for'_ the st}ccial
<br />warranties of title set forth illthe special warrant}' (iced, -Seller hereby specifically negates tinct_ disclaims
<br />any rmel�tmesentations, tivarlanties or guaranties of an ind orc11 tactor, whether express or implied, oral or
<br />written, bast, present, future or otherwise, of as to, concerning or with respect to the Property. including;
<br />without limitation (i) the nature alld condition of the PFoPerty and the suitability thereof for arty and all
<br />activities and uses which PIlr'Chasel' May elect_to,.,condtrct thereon, (ii) the ltatur'e_aud_CXtettt of any r'ight-
<br />of-way, lease, Possession, lien, encumbrance._ license, reservation, condition or rtLotlrer rltatter• relatiI
<br />in alt}, way to the PropeFty,(iii) the compliance Qfthe Property or its operation with any....1aws, ordinances
<br />or regulations of anv government or' other authority or body, (iy) the existence of any toxic or hazardous
<br />substance or waste in, on, under the surface of or about the_Noperty, (v) geological conditions. -including,
<br />without limitation, subsidence, subsurface conditions, water table, underground water reservoirs,
<br />limitations regarding the withdrawal of }eater and faulting, (vi) whether or not and to the extent to which
<br />th�perty or an}, portion thereof is affected b}art}, stream surface or underground), body otter;
<br />flood prone area. floodplain, flood.vay or special flood hazard, (vii) drainage, (viii) zoning or land use
<br />restrictions rules and regulations to which the Property or any portion thereof may' -.be subject ix, the
<br />availability of any utilities to the Property or alt)'_lLot•lion tltel•eof includingwithout Iit33itation, water.
<br />sewage- gas and electric and including the utility availal_aili , capacities allocated to the_1'roper b the
<br />governmental or regulatory atrthori,
<br />relevant
<br />g ty.-.(x,), u,sagPs of adjoining- rol)er.ty(xr) access to the PFoperty
<br />or any portion thereof. (xii) the value, compliance with the plans and specifications, size, location, age,
<br />use, c[ sigtf,_ ttali description, durabilit}', structural i.ntegrity,Tol�eration. leasing, title to, or t>h'sical or
<br />financial condition of ttfe�io)erty or any portion thereof or an), income, expenses, charges, Igis
<br />encumbrances tridtts or claims on or affecting orjel laicirt�_to..tirme PFol)-cm, or (aiiD oe ftp tEre„ the
<br />poke€oral
<br />r• deve�m
<br />)ent of the Property, or (xiv�he merchantability of the Property or fitness of
<br />f
<br />the Property for- tiffy par•ticulal�pumose (PEu-chaser affirtuin.g that Purchaser has not relied ort Seller's shill
<br />or itrdpment to select 01• furnish the Propel -h' for' Illy particit[ar purpose, and that Seller makes _n warranty
<br />that the Property is fit for any particular -purpose .
<br />The warranties, representations, agreements, indemnification and release set forth in this
<br />Paragraph ] t shall survive closing, and shall be incorporated into the deed.
<br />9r2r'CRClIASE.11'DSAr.LAC;rt.t.r..)tt.N'l-BY,I%1'Er'NLAPORTF DF�,FI.OP\1FNTL`0ItP01tA'110.N
<br />AND MART]' C1N1P1SF - PACF 7
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