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RESPONSIBILITY AND RISKS OF ALL DEFECTS AND CONDITIONS, INCLUDING SUCH DEFECTS
<br />AND CONDITIONS, IF ANY, THAT CANNOT BE OBSERVED BY CASUAL INSPECTION. SELLER
<br />AND PURCHASER ACKNOWLEDGE THAT THIS DISCLAIMER HAS BEEN SPECIFICALLY
<br />NEGOTIATED.
<br />13.2. 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
<br />Purchaser deems necessary, desirable or appropriate with respect to the Property, and (2) except as otherwise
<br />expressly set forth in this Agreement or in. the Deed delivered at Closing, neither Seller, nor anyone acting for
<br />or on behalf of Seller, has made any representation, warranty, promise or statement, express or implied, to
<br />Purchaser, or to anyone acting for or on behalf of Purchaser, concerning the Property or the condition, use or
<br />development thereof. Purchaser represents that, in entering into this Agreement, Purchaser has not relied on any
<br />representation, warranty, promise or statement, express or implied, of Seller, or anyone acting for or on behalf
<br />of Seller, other than as expressly set forth in this Agreement, and that Purchaser shall purchase the Property
<br />based upon Purchaser's own prior investigation and examination of the Property. If Purchaser elects not to
<br />inspect the Property or to terminate this Agreement on or before the Contingency Date, such election will be
<br />made at Purchaser's sole discretion, in reliance solely upon the tests, analyses, inspections and investigations
<br />that Purchaser makes, or had the right to make and opted not, or otherwise failed, to make, and not in reliance
<br />upon any alleged representation made by or on behalf of Seller, except as set forth in this Agreement.
<br />13.3. 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 (hereinafter referred to as the "Releasees") from and against any and all claims, demands,
<br />causes of action, suits, sums paid in settlement of any of the foregoing, judgments, losses, damages, injuries,
<br />liabilities, penalties, enforcement actions, fines, taxes, liens, encumbrances, costs or expenses (including, without
<br />limitation, reasonable attorneys' fees) (hereinafter referred to collectively as the "Claims") known or unknown,
<br />arising out of, related in any way to the presence, misuse, use, disposal, release or threatened re lease of any
<br />Hazardous Materials at the Property and any liability or Claim related to the Property arising under
<br />Environmental Laws. Purchaser acknowledges that unknown and unsuspected Hazardous Materials may
<br />hereafter be discovered on or about the Property, and Purchaser knowingly releases Seller from any and all
<br />liability related thereto.
<br />13.4. Material Defects. Purchaser, on behalf of itself, its successors and assigns, hereby
<br />releases Seller from and against any and all Claims known or unknown, arising out of, or related in any way to
<br />the condition of the Property, the condition of the structure of the Improvements or any equipment, systems and
<br />appliances related thereto, and other such aspects of the Property, the valuation, salability or utility of the
<br />Property, or its suitability for any purpose whatsoever.
<br />13.5. The provisions of this Section shall survive indefinitely any Closing or termination of
<br />this Agreement and shall not be merged into the Closing documents.
<br />14. Acceptance: This offer to purchase is made subject to its acceptance by Seller on or before
<br />twelve o'clock midnight of August 3, 2018. If Seller does not accept this Agreement within the time specified,
<br />the earnest money shall be refunded to Purchaser on demand.
<br />15. Attorney Fees: If either party to this Agreement is required to retain an attorney to enforce any
<br />provision of this Agreement, whether or not a legal proceeding is commenced, the substantially prevailing party
<br />shall be entitled to reasonable attorneys' fees and costs of suit, including, but not limited to filing fees, service
<br />fees, deposition costs and any expert witness costs regardless of whether at trial, on appeal, in any bankruptcy
<br />proceeding, arbitration matter, with or without resort to suit.
<br />Page 7 of 14
<br />INITIALS:
<br />Seller: S At /W /Date: r -L• l l
<br />Purchaser: c /.Date: , l Seller:gE&OlDate:
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