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<br /> INITIALS:
<br /> Seller:_________/Date:________
<br />Purchaser:_________/Date:________ Seller:_________/Date:________
<br />
<br />HEREBY WAIVES ANY AND ALL CLAIMS WHICH THE PURCHASER HAS OR MAY HAVE AGAINST
<br />THE SELLER WITH RESPECT TO THE CONDITION OF THE PROPERTY EXCEPT AS OTHERWISE
<br />PROVIDED HEREIN OR IN THE DEED DELIVERED AT CLOSING. WAIVER OF THE INSPECTION
<br />PERIOD CONTINGENCY SHALL, EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS
<br />AGREEMENT AND WITHOUT LIMITING THE WARRANTIES CONTAINED IN THE DEED DELIVERED
<br />AT CLOSING CONSTITUTE PURCHASER'S ACKNOWLEDGMENT TO SELLER THAT PURCHASER HAS
<br />FULLY INSPECTED THE PROPERTY AND PURCHASER ASSUMES THE RESPONSIBILITY AND RISKS
<br />OF ALL DEFECTS AND CONDITIONS, INCLUDING SUCH DEFECTS AND CONDITIONS, IF ANY, THAT
<br />CANNOT BE OBSERVED BY CASUAL INSPECTION. SELLER AND PURCHASER ACKNOWLEDGE
<br />THAT THIS DISCLAIMER HAS BEEN SPECIFICALLY NEGOTIATED.
<br />
<br />12.2. Purchaser acknowledges that (1) Purchaser has had and/or will have, pursuant to this
<br />Agreement, an adequate opportunity to make such legal, factual and other inquiries and investigation as Purchaser
<br />deems necessary, desirable or appropriate with respect to the Property, and (2) except as otherwise expressly set
<br />forth in this Agreement or in the Deed delivered at Closing, neither Seller, nor anyone acting for or on behalf of
<br />Seller, has made any representation, warranty, promise or statement, express or implied, to Purchaser, or to anyone
<br />acting for or on behalf of Purchaser, concerning the Property or the condition, use or development thereof.
<br />Purchaser represents that, in entering into this Agreement, Purchaser has not relied on any representation,
<br />warranty, promise or statement, express or implied, of Seller, or anyone acting for or on behalf of Seller, other than
<br />as expressly set forth in this Agreement, and that Purchaser shall purchase the Property based upon Purchaser's
<br />own prior investigation and examination of the Property. If Purchaser elects not to inspect the Property or to
<br />terminate this Agreement on or before the Contingency Date, such election will be made at Purchaser's sole
<br />discretion, in reliance solely upon the tests, analyses, inspections and investigations that Purchaser makes, or had
<br />the right to make and opted not, or otherwise failed, to make, and not in reliance upon any alleged representation
<br />made by or on behalf of Seller, except as set forth in this Agreement.
<br />
<br />12.3. Hazardous Materials Waiver and Release: Purchaser, on behalf of itself, its successors
<br />and assigns, hereby releases the Seller and its officers, directors, members, employees, partners, affiliates,
<br />successors and assigns (the "Releasees") from and against any and all claims, demands, causes of action, suits,
<br />sums paid in settlement of any of the foregoing, judgments, losses, damages, injuries, liabilities, penalties,
<br />enforcement actions, fines, taxes, liens, encumbrances, costs or expenses (including, without limitation, reasonable
<br />attorneys ' fees) (collectively, "Claims") known or unknown, arising out of, related in any way to the presence,
<br />misuse, use, disposal, release or threatened re lease of any Hazardous Materials at the Property and any liability or
<br />Claim related to the Property arising under Environmental Laws. Purchaser acknowledges that unknown and
<br />unsuspected Hazardous Materials may hereafter be discovered on or about the Property, and Purchaser knowingly
<br />releases Seller from any and all liability related thereto.
<br />
<br />12.4. The provisions of this Section 13 shall survive any Closing or termination of this
<br />Agreement and shall not be merged into the Deed delivered at Closing.
<br />
<br />13. Residential Property: The Seller shall provide Purchaser with a completed Real Property
<br />Transfer Disclosure Statement within 5 days of mutual acceptance of this Agreement. Purchaser shall then
<br />have 3 days from the receipt thereof to rescind this offer to purchase by delivering a separate, signed, written
<br />statement of rescission to the Seller by 5:00 p.m. of the third business day following receipt of said disclosure
<br />statement. If the Purchaser chooses to close despite the disclosure statement, then the Purchaser is considered
<br />to have approved and accepted the disclosure statement.
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<br />14. Acceptance: This offer to purchase is made subject to its acceptance by Seller on or before
<br />twelve o’clock midnight of _______________, 2016. If Seller does not accept this Agreement within the time
<br />specified, the earnest money shall be refunded to Purchaser on demand.
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