Common use of “As Is” Sale; Release Clause in Contracts

“As Is” Sale; Release. (a) Except as otherwise expressly provided in Section 6(b), Purchaser hereby expressly agrees and acknowledges, and represents and warrants to Seller, that Purchaser has not entered into this Agreement based upon any representation, warranty, statement or expression of opinion by Seller or any person or entity acting or allegedly acting for or on behalf of Seller with respect to Seller, the Property, or the Condition of the Property (as hereinafter defined). Except as otherwise expressly provided in Section 6(b), and except as otherwise expressly provided in the Lease, Purchaser acknowledges and agrees that the Property is and shall be sold and conveyed (and accepted by Purchaser at Settlement) AS IS, WHERE IS, WITH ALL DEFECTS AND WITHOUT ANY WRITTEN OR ORAL REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED OR ARISING BY OPERATION OF LAW. Without limiting the foregoing, but subject to the representations and warranties contained in Section 6(b), Seller makes no representation, warranty or covenant, express, implied or statutory, of any kind whatsoever with respect to the Property, including, without limitation, any representation, warranty or covenant as to title, survey conditions, use of the Property for Purchaser’s intended use, the physical condition of the Property or any improvements thereon or any repairs required thereto (whether required due to Seller’s removal of any personal property or otherwise), past or present use, development, investment potential, tax ramifications or consequences, compliance with law, present or future zoning, the presence or absence of hazardous substances or other environmental conditions (including, without limitation, with regard to any underground or above-ground storage tanks on or about the Property, and without limiting anything in this Section 7 the parties expressly agree and acknowledge that Seller shall have no obligation to remove any such tank(s) or correct any environmental issues related thereto), the availability of utilities, access to public roads, habitability, merchantability, fitness or suitability for any purpose, or any other matter with respect to the Property (collectively, the “Condition of the Property”), all of which are hereby expressly disclaimed by Seller. Purchaser acknowledges that, except as otherwise expressly set forth in this Agreement, if at all, Seller has made no representations, warranties or covenants as to the Condition of the Property or compliance of the Property with any federal, state, municipal or local statutes, laws, rules, regulations or ordinances including, without limitation, those pertaining to construction, building and health codes, Title III of the Americans With Disability Act, land use, zoning, hazardous substances or toxic wastes or substances, pollutants, contaminants, or other environmental matters.

“As Is” Sale; Release. (a) Except as otherwise expressly provided in Section 6(b)herein, Purchaser hereby expressly agrees and acknowledges, and represents and warrants to Seller, that Purchaser has not entered into this Agreement based upon any representation, warranty, statement or expression of opinion by Seller or any person or entity acting or allegedly acting for or on behalf of Seller with respect to Seller, the Property, Property or the “Condition of the Property Property” (as hereinafter defined). Except as otherwise expressly provided in Section 6(b), and except as otherwise expressly provided in the Lease, Purchaser acknowledges and agrees that the Property is and shall be sold and conveyed (and accepted by Purchaser at Settlement) AS IS, WHERE IS, WITH ALL DEFECTS AND WITHOUT ANY WRITTEN OR ORAL REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED OR ARISING BY OPERATION OF LAW. Without limiting the foregoing, but subject to the representations and warranties contained in Section 6(b), Seller makes no representation, warranty or covenant, express, implied or statutory, of any kind whatsoever with respect to the Property, including, without limitation, any representation, warranty or covenant as to titletitle (other than the special warranty of title expressly set forth in the Deed), survey conditions, use of the Property for Purchaser’s intended use, the physical condition of the Property or any improvements thereon or any repairs required thereto (whether required due to Seller’s removal of any personal property or otherwise)thereto, past or present use, development, investment potential, tax ramifications or consequences, compliance with law, present or future zoning, the presence or absence of hazardous substances or other environmental conditions (including, without limitation, with regard to any underground or above-ground storage tanks on or about the Property, and without limiting anything in this Section 7 17 the parties expressly agree and acknowledge that Seller shall have no obligation to remove any such tank(s) or correct any environmental issues related thereto), the availability of utilities, access to public roads, habitability, merchantability, fitness or suitability for any purpose, or any other matter with respect to the Property (collectively, the “Condition of the Property”), all of which are hereby expressly disclaimed by Seller. Purchaser acknowledges that, except as otherwise expressly set forth in this Agreement, if at all, that Seller has made no representations, warranties or covenants as to the Condition of the Property or compliance of the Property with any federal, state, municipal or local statutes, laws, rules, regulations or ordinances including, without limitation, those pertaining to construction, building and health codes, Title III of the Americans With Disability Act, land use, zoning, hazardous substances or toxic wastes or substances, pollutants, contaminants, or other environmental matters.

“As Is” Sale; Release. (a) Except as otherwise expressly provided in Section 6(b)herein, Purchaser hereby expressly agrees and acknowledges, and represents and warrants to Seller, that Purchaser has not entered into this Agreement based upon any representation, warranty, statement or statementor expression of opinion by Seller or any person or entity acting or allegedly acting for or on behalf of Seller with respect to Seller, the Property, Property or the “Condition of the Property Property” (as hereinafter defined). Except as otherwise expressly provided in Section 6(b), and except as otherwise expressly provided in the Lease, Purchaser acknowledges and agrees that the Property is and shall be sold and conveyed (and accepted by Purchaser at Settlement) AS IS, WHERE IS, WITH ALL DEFECTS AND WITHOUT ANY WRITTEN OR ORAL REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED OR ARISING BY OPERATION OF LAW. Without limiting the foregoing, but subject to the representations and warranties contained in Section 6(b), Seller makes no representation, warranty or covenant, express, implied or statutory, of any kind whatsoever with respect to the Property, including, without limitation, any representation, warranty or covenant as to titletitle (other than the special warranty of title expressly set forth in the Deed), survey conditions, use of the Property for Purchaser’s intended use, the physical condition of the Property or any improvements thereon or any repairs required thereto (whether required due to Seller’s removal of any personal property or otherwise)thereto, past or present use, development, investment potential, tax ramifications or consequences, compliance with compliancewith law, present or future zoningfuturezoning, the presence or presenceor absence of hazardous substances or substancesor other environmental conditions (including, without limitation, with regard to any underground or above-ground storage tanks on or about the Property, and without limiting anything in this Section 7 17 the parties expressly agree and acknowledge that Seller shall have no obligation to remove any such tank(s) or correct any environmental issues related thereto), the availability of utilities, access to public roads, habitability, merchantability, fitness or suitability for any purpose, or any other matter with respect to the Property (collectively, the “Condition of the Property”), all of which are hereby expressly disclaimed by Seller. Purchaser acknowledges that, except as otherwise expressly set forth in this Agreement, if at all, that Seller has made no representations, warranties or covenants as to the Condition of the Property or compliance of the Property with any federal, state, municipal or local statutes, laws, rules, regulations or ordinances including, without limitation, those pertaining to construction, building and health codes, Title III of the Americans With Disability Act, land use, zoning, hazardous substances or toxic wastes substancesor toxicwastes or substances, pollutants, contaminants, or other environmental matters.

“As Is” Sale; Release. (a) Except as otherwise expressly provided in Section 6(b), Purchaser hereby expressly agrees and acknowledges, and represents and warrants to Seller, that Purchaser has not entered into this Agreement based upon any representation, warranty, statement or expression of opinion by Seller or any person or entity acting or allegedly acting for or on behalf of Seller with respect to Seller, the Property, or the Condition of the Property (as hereinafter defined). Except as otherwise expressly provided in Section 6(b), and except as otherwise expressly provided in the Lease, Purchaser acknowledges and agrees that the Property is and shall be sold and conveyed (and accepted by Purchaser at Settlement) AS IS, WHERE IS, WITH ALL DEFECTS AND WITHOUT ANY WRITTEN OR ORAL REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED OR ARISING BY OPERATION OF LAW. Without limiting the foregoing, but subject to the representations and warranties contained in Section 6(b), Seller makes no representation, warranty or covenant, express, implied or statutory, of any kind whatsoever with respect to the Property, including, without limitation, any representation, warranty or covenant as to title, survey conditions, use of the Property for Purchaser’s intended use, the physical condition of the Property or any improvements thereon or any repairs required thereto (whether required due to Seller’s removal of any personal property or otherwise), past or present use, development, investment potential, tax ramifications or consequences, compliance with law, present or future zoning, the presence or absence of hazardous substances or other environmental conditions (including, without limitation, with regard to any underground or above-ground storage tanks on or about the Property, and without limiting anything in this Section 7 17 the parties expressly agree and acknowledge that Seller shall have no obligation to remove any such tank(s) or correct any environmental issues related thereto), the availability of utilities, access to public roads, habitability, merchantability, fitness or suitability for any purpose, or any other matter with respect to the Property (collectively, the “Condition of the Property”), all of which are hereby expressly disclaimed by Seller. Purchaser acknowledges that, except as otherwise expressly set forth in this Agreement, if at all, Seller has made no representations, warranties or covenants as to the Condition of the Property or compliance of the Property with any federal, state, municipal or local statutes, laws, rules, regulations or ordinances including, without limitation, those pertaining to construction, building and health codes, Title III of the Americans With Disability Act, land use, zoning, hazardous substances or toxic wastes or substances, pollutants, contaminants, or other environmental matters.

“As Is” Sale; Release. (a) Except as otherwise expressly provided in Section 6(b)herein, Purchaser hereby expressly agrees and acknowledges, and represents and warrants to Seller, that Purchaser has not entered into this Agreement based upon any representation, warranty, statement or statementor expression of opinion by Seller or any person or entity acting or allegedly acting for or on behalf of Seller with respect to Seller, the Property, Property or the “Condition of the Property Property” (as hereinafter defined). Except as otherwise expressly provided in Section 6(b), and except as otherwise expressly provided in the Lease, Purchaser acknowledges and agrees that the Property is and shall be sold and conveyed (and accepted by Purchaser at Settlement) AS IS, WHERE IS, WITH ALL DEFECTS AND WITHOUT ANY WRITTEN OR ORAL REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED OR ARISING BY OPERATION OF LAW. Without limiting the foregoing, but subject to the representations and warranties contained in Section 6(b), Seller makes no representation, warranty or covenant, express, implied or statutory, of any kind whatsoever with respect to the Property, including, without limitation, any representation, warranty or covenant as to titletitle (other than the special warranty of title expressly set forth in the Deed), survey conditions, use of the Property for Purchaser’s intended use, the physical condition of the Property or any improvements thereon or any repairs required thereto (whether required due to Seller’s removal of any personal property or otherwise)thereto, past or present use, development, investment potential, tax ramifications or consequences, compliance with law, present or future zoningfuturezoning, the presence or presenceor absence of hazardous substances or substancesor other environmental conditions (including, without limitation, with regard to any underground or above-ground storage tanks on or about the Property, and without limiting anything in this Section 7 17 the parties expressly agree and acknowledge that Seller shall have no obligation to remove any such tank(s) or correct any environmental issues related thereto), the availability of utilities, access to public roads, habitability, merchantability, fitness or suitability for any purpose, or any other matter with respect to the Property (collectively, the ““ Condition of the Property”), all of which are hereby expressly disclaimed by Seller. Purchaser acknowledges that, except as otherwise expressly set forth in this Agreement, if at all, that Seller has made no representations, warranties or covenants as to the Condition of the Property or compliance of the Property with any federal, state, municipal or local statutes, laws, rules, regulations or ordinances including, without limitation, those pertaining to construction, building and health codes, Title III of the Americans With Disability Act, land use, zoning, hazardous substances or toxic wastes substancesor toxicwastes or substances, pollutants, contaminants, or other environmental matters.

“As Is” Sale; Release. (a) Except as otherwise expressly provided in Section 6(b5(b), Purchaser hereby expressly agrees and acknowledges, and represents and warrants to Seller, that Purchaser has not entered into this Agreement based upon any representation, warranty, statement or expression of opinion by Seller or any person or entity acting or allegedly acting for or on behalf of Seller with respect to Seller, the Property, or the Condition of the Property (as hereinafter defined). Except as otherwise expressly provided in Section 6(b5(b), and except as otherwise expressly provided in the Lease, Purchaser acknowledges and agrees that the Property is and shall be sold and conveyed (and accepted by Purchaser at Settlement) AS IS, WHERE IS, WITH ALL DEFECTS AND FAULTS AND WITHOUT ANY WRITTEN OR ORAL REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED OR ARISING BY OPERATION OF LAW. Without limiting the foregoing, but subject to the representations and warranties contained in Section 6(b5(b), Seller makes no representation, warranty or covenant, express, implied or statutory, of any kind whatsoever with respect to the Property, including, without limitation, any representation, warranty or covenant as to title, the Permitted Exceptions or any covenants, conditions or restrictions affecting the Property, survey conditions, water or water rights, use of the Property for Purchaser’s intended use, the physical and structural condition of the Property or any improvements thereon or any repairs or replacements required thereto (whether required due to Seller’s removal of any personal property or otherwise), past or present use, development rights or development, entitlements, benefits or other rights in connection with any development, investment potential, tax ramifications ramifications, liabilities or consequencesconsequences (including with respect to current or future tax assessment or valuation), economic projections or market studies concerning the Property including, without limitation, with respect to the actual or projected income or operating expenses of the Property and viability or financial condition of any tenant, the status of the leasing market in which the Property is located, compliance with lawlaw (including, without limitation, Environmental Laws), present or future zoningzoning or the ability to obtain a change or variation therein, the presence or absence of hazardous substances or other environmental conditions (including, without limitation, with regard to any underground or above-ground storage tanks on or about the PropertyHazardous Substances, and without limiting anything in this Section 7 the parties 17, Purchaser expressly agree agrees and acknowledge acknowledges that Seller shall have no obligation to remove any such tank(s) or correct any environmental issues related thereto), topography, drainage, soil, subsoil of the Property, the availability of any financing for the purchase, alteration, rehabilitation or operation of the Property from any source, including, without limitation, any government authority or any lender, the availability of utilities, access to public roads, habitability, merchantability, fitness or suitability for any purpose, or any other matter with respect to the Property (collectively, the “Condition of the Property”), all of which are hereby expressly disclaimed by Seller. Purchaser acknowledges that, except as otherwise expressly set forth in this Agreement, if at all, Seller has made no representations, warranties or covenants as to the Condition of the Property or compliance of the Property with any federal, state, municipal or local statutes, laws, rules, regulations or ordinances including, without limitation, those pertaining to construction, building and health codes, Title III of the Americans With Disability Act, land use, zoning, hazardous substances or toxic wastes or substances, pollutants, contaminants, or other environmental mattersHazardous Substances.

“As Is” Sale; Release. (a) Except as otherwise expressly provided in Section 6(b5(b), Purchaser hereby expressly agrees and acknowledges, and represents and warrants to Seller, that Purchaser has not entered into this Agreement based upon any representation, warranty, statement or expression of opinion by Seller or any person or entity acting or allegedly acting for or on behalf of Seller with respect to Seller, the Property, or the Condition of the Property (as hereinafter defined). Except as otherwise expressly provided in Section 6(b5(b), and except as otherwise expressly provided in the Lease, Purchaser acknowledges and agrees that the Property is and shall be sold and conveyed (and accepted by Purchaser at Settlement) AS IS, WHERE IS, WITH ALL DEFECTS AND FAULTS AND WITHOUT ANY WRITTEN OR ORAL REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED OR ARISING BY OPERATION OF LAW. Without limiting the foregoing, but subject to the representations and warranties contained in Section 6(b5(b), Seller makes no representation, warranty or covenant, express, implied or statutory, of any kind whatsoever with respect to the Property, including, without limitation, any representation, warranty or covenant as to titletitle , the Permitted Exceptions or any covenants, conditions or restrictions affecting the Property, survey conditions, water or water rights, use of the Property for Purchaser’s intended use, the physical and structural condition of the Property or any improvements thereon or any repairs or replacements required thereto (whether required due to Seller’s removal of any personal property or otherwise), past or present use, development rights or development, entitlements, benefits or other rights in connection with any development, investment potential, tax ramifications ramifications, liabilities or consequencesconsequences (including with respect to current or future tax assessment or valuation), economic projections or market studies concerning the Property including, without limitation, with respect to the actual or projected income or operating expenses of the Property and viability or financial condition of any tenant, the status of the leasing market in which the Property is located, compliance with lawlaw (including, without limitation, Environmental Laws), present or future zoningzoning or the ability to obtain a change or variation therein, the presence or absence of hazardous substances or other environmental conditions (including, without limitation, with regard to any underground or above-ground storage tanks on or about the PropertyHazardous Substances, and without limiting anything in this Section 7 the parties 17, Purchaser expressly agree agrees and acknowledge acknowledges that Seller shall have no obligation to remove any such tank(s) or correct any environmental issues related thereto), topography, drainage, soil, subsoil of the Property, the availability of any financing for the purchase, alteration, rehabilitation or operation of the Property from any source, including, without limitation, any government authority or any lender, the availability of utilities, access to public roads, habitability, merchantability, fitness or suitability for any purpose, or any other matter with respect to the Property (collectively, the “Condition of the Property”), all of which are hereby expressly disclaimed by Seller. Purchaser acknowledges that, except as otherwise expressly set forth in this Agreement, if at all, Seller has made no representations, warranties or covenants as to the Condition of the Property or compliance of the Property with any federal, state, municipal or local statutes, laws, rules, regulations or ordinances including, without limitation, those pertaining to construction, building and health codes, Title III of the Americans With Disability Act, land use, zoning, hazardous substances or toxic wastes or substances, pollutants, contaminants, or other environmental mattersHazardous Substances.

“As Is” Sale; Release. (a) Except as otherwise expressly provided in Section 6(b), Purchaser hereby expressly agrees and acknowledges, and represents and warrants to Seller, that Purchaser has not entered into this Agreement based upon any representation, warranty, statement or expression of opinion by Seller or any person or entity acting or allegedly acting for or on behalf of Seller with respect to Seller, the Property, or the Condition of the Property (as hereinafter defined). Except as otherwise Purchaser further expressly provided in Section 6(b), and except as otherwise expressly provided in the Lease, Purchaser acknowledges and agrees that the Property is and shall be sold and conveyed (and accepted by Purchaser at Settlement) AS IS, WHERE IS, WITH ALL DEFECTS AND WITHOUT ANY WRITTEN OR ORAL REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED OR ARISING BY OPERATION OF LAW. Without limiting the foregoing, but subject to the representations and warranties contained in Section 6(b), Seller makes no representation, warranty or covenant, express, implied or statutory, of any kind whatsoever with respect to the Property, including, without limitation, any representation, warranty or covenant as to title, survey conditions, use of the Property for Purchaser’s intended use, the physical condition of the Property or any improvements thereon or any repairs required thereto (whether required due to Seller’s removal of any personal property or otherwise), past or present use, development, investment potential, tax ramifications or consequences, compliance with law, present or future zoning, the presence or absence of hazardous substances or other environmental conditions (including, without limitation, with regard to any underground or above-above- ground storage tanks on or about the Property, and without limiting anything in this Section 7 17 the parties expressly agree and acknowledge that Seller shall have no obligation to remove any such tank(s) or correct any environmental issues related thereto), the availability of utilities, access to public roads, habitability, merchantability, fitness or suitability for any purpose, or any other matter with respect to the Property (collectively, the “Condition of the Property”), all of which are hereby expressly disclaimed by Seller. Purchaser acknowledges that, except as otherwise expressly set forth in this Agreement, if at all, Seller has made no representations, warranties or covenants as to the Condition of the Property or compliance of the Property with any federal, state, municipal or local statutes, laws, rules, regulations or ordinances including, without limitation, those pertaining to construction, building and health codes, Title III of the Americans With Disability Act, land use, zoning, hazardous substances or toxic wastes or substances, pollutants, contaminants, or other environmental matters.

“As Is” Sale; Release. (a) Except as otherwise expressly provided in Section 6(b), Purchaser hereby expressly agrees and acknowledges, and represents and warrants to Seller, that Purchaser has not entered into this Agreement based upon any representation, warranty, statement or expression of opinion by Seller or any person or entity acting or allegedly acting for or on behalf of Seller with respect to Seller, the Property, or the Condition The purchase of the Property to be conveyed, sold, transferred and/or assigned pursuant to this Contract shall be on an “AS IS” “WHERE IS” basis, “WITH ALL FAULTS,” without representation or warranty, express or implied, with regard to physical condition, including without limitation, any latent or patent defects, conditions of soils or groundwater, existence or nonexistence of Hazardous Substances, quality of construction, workmanship, merchantability or fitness for any particular purpose as to the physical measurements or useable space thereof, except for any representation or warranty made by Seller under Section 13 (subject to the limitations on survival set forth in said Section 13) and except for the limited warranties of Seller in the Deed (as hereinafter defined). Except as otherwise expressly provided in Section 6(b), and except as otherwise expressly provided the obligations of Seller, if any, in the Leaseother instruments, Purchaser acknowledges certificates and agrees that the Property is and shall be sold and conveyed (and accepted documents delivered by Purchaser Seller at Settlement) AS IS, WHERE IS, WITH ALL DEFECTS AND WITHOUT ANY WRITTEN OR ORAL REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED OR ARISING BY OPERATION OF LAW. Without limiting the foregoing, but subject to the representations and warranties contained in Section 6(b), Seller makes no representation, warranty or covenant, express, implied or statutory, of any kind whatsoever with respect to the Property, including, without limitation, any representation, warranty or covenant as to title, survey conditions, use of the Property for Purchaser’s intended use, the physical condition of the Property or any improvements thereon or any repairs required thereto (whether required due to Seller’s removal of any personal property or otherwise), past or present use, development, investment potential, tax ramifications or consequences, compliance with law, present or future zoning, the presence or absence of hazardous substances or other environmental conditions (including, without limitation, with regard to any underground or above-ground storage tanks on or about the Property, and without limiting anything in this Section 7 the parties expressly agree and acknowledge that Seller shall have no obligation to remove any such tank(s) or correct any environmental issues related thereto), the availability of utilities, access to public roads, habitability, merchantability, fitness or suitability for any purpose, or any other matter with respect to the Property Closing (collectively, the “Condition of Surviving Obligations”). Purchaser hereby acknowledges that Purchaser has inspected or will inspect the Property to Purchaser’s satisfaction and that Seller does not plan to conduct its own inspection and shall not be liable for any latent or patent defects in the Property”), all of which are hereby expressly disclaimed by Seller. Purchaser acknowledges that, except as otherwise expressly set forth in this AgreementContract, if at allneither Seller nor any of Seller’s officers, directors, shareholders, trustees, partners, employees, members, managers and agents (each, a “Seller Party” and, collectively, the “Seller Parties”) has made no representationsany representation or warranty as to any of the following as of the Effective Date: (a) the physical or environmental condition (including surface and subsurface conditions), state of repair, income, expenses, operations of the Property and surrounding property; (b) the assignability, assumability, transferability or validity of any licenses, permits, government approvals, warranties or covenants as guaranties relating to the Condition of the Property or the use and operation thereof; (c) the accuracy or completeness of any information provided by any Seller Party with respect to the Property; (d) compliance or noncompliance with local, state or federal statutes, ordinances, orders or regulations concerning the Property or the use thereof; (e) prior or current operations conducted on the Property; (f) the on-site and off-site improvements to and for the benefit of the Property; (g) the presence of Hazardous Substances on the Property; or (h) any matter or thing affecting or relating to the Property with or this Contract not expressly stated in this Contract. Purchaser further acknowledges that, in entering into this Contract, Purchaser has not been induced by and has not relied upon any federalstatement, staterepresentation or agreement, municipal whether express or local statutesimplied, lawsnot specifically set forth in this Contract, rulesand without limiting the generality of the foregoing Seller shall not be liable or bound in any manner by any oral or written statement, regulations agreement or ordinances including, without limitation, those information pertaining to constructionthe Property or this Contract furnished by any agent (including any broker), building and health codesemployee or contractor which is not specifically set forth in this Contract, Title III of in the Americans With Disability Act, land use, zoning, hazardous substances or toxic wastes or substances, pollutants, contaminantsDeed, or other environmental mattersin any instrument, certificate and/or document delivered by Seller at Closing. SUBJECT TO THE SURVIVING OBLIGATIONS, SUBSEQUENT TO THE CLOSING (I) THE SELLER PARTIES SHALL HAVE NO RESPONSIBILITY, LIABILITY OR OBLIGATION TO PURCHASER OR ANY AFFILIATES OF PURCHASER OWNED BY OR UNDER COMMON CONTROL WITH PURCHASER UNDER THIS CONTRACT OR THE TRANSACTIONS CONTEMPLATED BY THIS CONTRACT OR OTHERWISE WITH RESPECT TO ANY CONDITIONS OR ANY OTHER MATTERS WHATSOEVER RELATING TO THE PROPERTY, INCLUDING, WITHOUT LIMITATION, ENVIRONMENTAL CONDITIONS, AND (II) PURCHASER AGREES THAT THE SELLER PARTIES SHALL NOT BE LIABLE OR RESPONSIBLE TO PURCHASER OR ANY SUCH AFFILIATES OF PURCHASER UNDER THIS CONTRACT OR THE TRANSACTIONS CONTEMPLATED BY THIS CONTRACT OR OTHERWISE FOR ENVIRONMENTAL CONDITIONS THAT INCLUDE, WITHOUT LIMITATION, PAST DISPOSAL OF HAZARDOUS SUBSTANCES ON, IN OR UNDER THE PROPERTY, THE PRESENCE OF MAN-MADE OR NATURAL SUBSTANCES AND SUCH OTHER CONDITIONS AS MAY EXIST IN THE SOIL, SURFACE WATER OR GROUND WATER AS PERTAINS TO THE PROPERTY; PROVIDED, HOWEVER, THE PARTIES ACKNOWLEDGE AND AGREE THAT NOTHING IN THE FOREGOING PROVISIONS OF THIS PARAGRAPH SHALL OPERATE OR SHALL BE INTERPRETED (i) TO REQUIRE PURCHASER OR ANY SUCH AFFILIATES OF PURCHASER TO INDEMNIFY THE SELLER PARTIES OR WAIVE RIGHTS OF CONTRIBUTION AGAINST THE SELLER PARTIES IN CONNECTION WITH CLAIMS ASSERTED BY ANY GOVERNMENTAL ENTITY UNDER ENVIRONMENTAL LAWS OR (ii) TO RELEASE TENANT OR ANY PERSON CLAIMING BY, THROUGH OR UNDER TENANT FROM ANY MATTERS WHATSOEVER RELATING TO THE PROPERTY.

“As Is” Sale; Release. (a) Except as otherwise expressly provided in Section 6(b5(b), Purchaser hereby expressly agrees and acknowledges, and represents and warrants to Seller, that Purchaser has not entered into this Agreement based upon any representation, warranty, statement or expression of opinion by Seller or any person or entity acting or allegedly acting for or on behalf of Seller with respect to Seller, the Property, or the Condition of the Property (as hereinafter defined). Except as otherwise expressly provided in Section 6(b5(b), and except as otherwise expressly provided in the Lease, Purchaser acknowledges and agrees that the Property is and shall be sold and conveyed (and accepted by Purchaser at Settlement) AS IS, WHERE IS, WITH ALL DEFECTS AND FAULTS AND WITHOUT ANY WRITTEN OR ORAL REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED OR ARISING BY OPERATION OF LAW. Without limiting the foregoing, but subject to the representations and warranties contained in Section 6(b5(b), Seller makes no representation, warranty or covenant, express, implied or statutory, of any kind whatsoever with w ith respect to the Property, including, without limitation, any representation, warranty or covenant as to titletitle , the Permitted Exceptions or any covenants, conditions or restrictions affecting the Property, survey conditions, water or water rights, use of the Property for Purchaser’s intended use, the physical and structural condition of the Property or any improvements thereon or any repairs or replacements required thereto (whether required due to Seller’s removal of any personal property or otherwise), past or present use, development rights or development, entitlements, benefits or other rights in connection with any development, investment potential, tax ramifications ramifications, liabilities or consequencesconsequences (including with respect to current or future tax assessment or valuation), economic projections or market studies concerning the Property including, without limitation, with respect to the actual or projected income or operating expenses of the Property and viability or financial condition of any tenant, the status of the leasing market in which the Property is located, compliance with lawlaw (including, without limitation, Environmental Laws), present or future zoningzoning or the ability to obtain a change or variation therein, the presence or absence of hazardous substances or other environmental conditions (including, without limitation, with regard to any underground or above-ground storage tanks on or about the PropertyHazardous Substances, and without limiting anything in this Section 7 the parties 17, Purchaser expressly agree agrees and acknowledge acknowledges that Seller shall have no obligation to remove any such tank(s) or correct any environmental issues related thereto), topography, drainage, soil, subsoil of the Property, the availability of any financing for the purchase, alteration, rehabilitation or operation of the Property from any source, including, without limitation, any government authority or any lender, the availability of utilities, access to public pub lic roads, habitability, merchantability, fitness or suitability for any purpose, or any other matter with respect to the Property (collectively, the “Condition of the Property”), all of which are hereby expressly disclaimed by Seller. Purchaser acknowledges that, except as otherwise expressly set forth in this Agreement, if at all, Seller has made no representations, warranties or covenants as to the Condition of the Property or compliance of the Property with any federal, state, municipal or local statutesstatut es, laws, rules, regulations or ordinances including, without limitation, those pertaining to construction, building and health codes, Title III of the Americans With Disability Act, land use, zoning, hazardous substances or toxic wastes or substances, pollutants, contaminants, or other environmental mattersHazardous Substances.

“As Is” Sale; Release. (a) Except as otherwise expressly provided in Section 6(b5(b), Purchaser hereby expressly agrees and acknowledges, and represents and warrants to Seller, that Purchaser has not entered into this Agreement based upon any representation, warranty, statement or expression of opinion by Seller or any person or entity acting or allegedly acting for or on behalf of Seller with respect to Seller, the Property, or the Condition of the Property (as hereinafter defined). Except as otherwise expressly provided in Section 6(b5(b), and except as otherwise expressly provided in the Lease, Purchaser acknowledges and agrees that the Property is and shall be sold and conveyed (and accepted by Purchaser at Settlement) AS IS, WHERE IS, WITH ALL DEFECTS AND FAULTS AND WITHOUT ANY WRITTEN OR ORAL REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED OR ARISING BY OPERATION OF LAW. Without limiting the foregoing, but subject to the representations and warranties contained in Section 6(b5(b), Seller makes no representation, warranty or covenant, express, implied or statutory, of any kind whatsoever with respect to the Property, including, without limitation, any representation, warranty or covenant as to titletitle , the Permitted Exceptions or any covenants, conditions or restrictions affecting the Property , the Lease(s), survey conditions, water or water rights, use of the Property for Purchaser’s intended use, the physical and structural condition of the Property or any improvements thereon or any repairs or replacements required thereto (whether required due to Seller’s removal of any personal property or otherwise), past or present use, development rights or development, entitlements, benefits or other rights in connection with any development, investment potential, tax ramifications ramifications, liabilities or consequencesconsequences (including with respect to current or future tax assessment or valuation), economic projections or market studies concerning the Property including, without limitation, with respect to the actual or projected income or operating expenses of the Property and viability or f inancial condition of any tenant, the status of the leasing market in which the Property is located, compliance with lawlaw (including, without limitation, Environmental Laws), present or future zoningzoning or the ability to obtain a change or variation therein, the presence or absence of hazardous substances or other environmental conditions (including, without limitation, with regard to any underground or above-ground storage tanks on or about the PropertyHazardous Substances , and without limiting anything in this Section 7 the parties 17, Purchaser expressly agree agrees and acknowledge acknowledges that Seller shall have no obligation to remove any such tank(s) or correct any environmental issues related thereto), topography, drainage, soil, subsoil of the Property, the availability of any financing for the purchase, alteration, rehabilitation or operation of the Property from any source, including, without limitation, any government authority or any lender, the availability of utilities, access to public roads, habitability, merchantability, fitness or suitability for any purpose, or any other matter with respect to the Property (collectively, the “Condition of the Property”), all of which are hereby expressly disclaimed by Seller. Purchaser acknowledges that, except as otherwise expressly set forth in this Agreement, if at all, Seller has made no representations, warranties or covenants as to the Condition of the Property or compliance of the Property with any federal, state, municipal or local statutes, laws, rules, regulations or ordinances including, without limitation, those pertaining to construction, building and health codes, Title III of the Americans With Disability Act, land use, zoning, hazardous substances or toxic wastes or substances, pollutants, contaminants, or other environmental mattersHazardous Substances.

“As Is” Sale; Release. (a) Except as otherwise expressly provided in Section 6(b5(b), Purchaser hereby expressly agrees and acknowledges, and represents and warrants to Seller, that Purchaser has not entered into this Agreement based upon any representation, warranty, statement or expression of opinion by Seller or any person or entity acting or allegedly acting for or on behalf of Seller with respect to Seller, the Property, or the Condition of the Property (as hereinafter defined). Except as otherwise expressly provided in Section 6(b5(b), and except as otherwise expressly provided in the Lease, Purchaser acknowledges and agrees that the Property is and shall be sold and conveyed (and accepted by Purchaser at Settlement) AS IS, WHERE IS, WITH ALL DEFECTS AND FAULTS AND WITHOUT ANY WRITTEN OR ORAL REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED OR ARISING BY OPERATION OF LAW. Without limiting the foregoing, but subject to the representations and warranties contained in Section 6(b5(b), Seller makes no representation, warranty or covenant, express, implied or statutory, of any kind whatsoever with respect to the Property, including, without limitation, any representation, warranty or covenant as to title, the Permitted Exceptions or any covenants, conditions or restrictions affecting the Property survey conditions, water or water rights, use of the Property for Purchaser’s intended use, the physical and structural condition of the Property or any improvements thereon or any repairs or replacements required thereto (whether required due to Seller’s removal of any personal property or otherwise), past or present use, development rights or development, entitlements, benefits or other rights in connection with any development, investment potential, tax ramifications ramifications, liabilities or consequencesconsequences (including with respect to current or future tax assessment or valuation), economic projections or market studies concerning the Property including, without limitation, with respect to the actual or projected income or operating expenses of the Property and viability or financial condition of any tenant, the status of the leasing market in which the Property is located, compliance with lawlaw (including, without limitation, Environmental Laws), present or future zoningzoning or the ability to obtain a change or variation therein, the presence or absence of hazardous substances or other environmental conditions (including, without limitation, with regard to any underground or above-ground storage tanks on or about the PropertyHazardous Substances, and without limiting anything in this Section 7 the parties 17, Purchaser expressly agree agrees and acknowledge acknowledges that Seller shall have no obligation to remove any such tank(s) or correct any environmental issues related thereto), topography, drainage, soil, subsoil of the Property, the availability of any financing for the purchase, alteration, rehabilitation or operation of the Property from any source, including, without limitation, any government authority or any lender, the availability of utilities, access to public roads, habitability, merchantability, fitness or suitability for any purpose, or any other matter with respect to the Property (collectively, the “Condition of the Property”), all of which are hereby expressly disclaimed by Seller. Purchaser acknowledges that, except as otherwise expressly set forth in this Agreement, if at all, Seller has made no representations, warranties or covenants as to the Condition of the Property or compliance of the Property with any federal, state, municipal or local statutes, laws, rules, regulations or ordinances including, without limitation, those pertaining to construction, building and health codes, Title III of the Americans With Disability Act, land use, zoning, hazardous substances or toxic wastes or substances, pollutants, contaminants, or other environmental mattersHazardous Substances.

“As Is” Sale; Release. (a) Except as otherwise expressly provided in Section 6(b5(b), Purchaser hereby expressly agrees and acknowledges, and represents and warrants to Seller, that Purchaser has not entered into this Agreement based upon any representation, warranty, statement or expression of opinion by Seller or any person or entity acting or allegedly acting for or on behalf of Seller with respect to Seller, the Property, or the Condition of the Property (as hereinafter defined). Except as otherwise expressly provided in Section 6(b5(b), and except as otherwise expressly provided in the Lease, Purchaser acknowledges and agrees that the Property is and shall be sold and conveyed (and accepted by Purchaser at Settlement) AS IS, WHERE IS, WITH ALL DEFECTS AND FAULTS AND WITHOUT ANY WRITTEN OR ORAL REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED OR ARISING BY OPERATION OF LAW. Without limiting the foregoing, but subject to the representations and warranties contained in Section 6(b5(b), Seller makes no representation, warranty or covenant, express, implied or statutory, of any kind whatsoever with respect to the Property, including, without limitation, any representation, warranty or covenant as to title, the Permitted Exceptions or any covenants, conditions or restrictions affecting the Property, survey conditions, water or water rights, use of the Property for Purchaser’s intended use, the physical and structural condition of the Property or any improvements thereon or any repairs or replacements required thereto (whether required due to Seller’s removal of any personal property or otherwise), past or present use, development rights or development, entitlements, benefits or other rights in connection with any development, investment potential, tax ramifications ramifications, liabilities or consequencesconsequences (including with respect to current or future tax assessment or valuation), economic projections or market studies concerning the Property including, without limitation, with respect to the actual or projected income or operating expenses of the Property and viability or financial condition of any tenant, the status of the leasing market in which the Property is located, compliance with lawlaw (including, without limitation, Environmental Laws), present or future zoningzoning or the ability to obtain a change or variation therein, the presence or absence of hazardous substances or other environmental conditions (including, without limitation, with regard to any underground or above-ground storage tanks on or about the PropertyHazardous Substances, and without limiting anything in this Section 7 the parties 17, Purchaser expressly agree agrees and acknowledge acknowledges that Seller shall have no obligation to remove any such tank(s) or correct any environmental issues related thereto), topography, drainage, soil, subsoil of the Property, the availability of any financing for the purchase, alteration, rehabilitation or operation of the Property from any source, including, without limitation, any government authority or any lender, the availability of utilities, access to public roads, habitability, merchantability, fitness or suitability for any purpose, or any other matter with respect to the Property (collectively, the “Condition of the Property”), all of which are hereby expressly disclaimed by Seller. Purchaser acknowledges that, except as otherwise expressly set forth in this Agreement, if at all, Seller has made no representations, warranties or covenants as to the Condition of the Property or compliance of the Property with any federal, state, municipal or local statutes, laws, rules, regulations or ordinances including, without limitation, those pertaining to construction, building and health codes, Title III of the Americans With Disability Act, land use, zoning, hazardous substances or toxic wastes or substances, pollutants, contaminants, or other environmental mattersHazardous Substances.

“As Is” Sale; Release. (a) Except as otherwise expressly provided in Section 6(b)herein, Purchaser hereby expressly agrees and acknowledges, and represents and warrants to Seller, that Purchaser has not entered into this Agreement based upon any representation, warranty, statement or expression of opinion by Seller or any person or entity acting or allegedly acting for or on behalf of Seller with respect to Seller, the Property, Property or the “Condition of the Property Property” (as hereinafter defined). Except as otherwise expressly provided in Section 6(b), and except as otherwise expressly provided in the Lease, Purchaser acknowledges and agrees that the Property is and shall be sold and conveyed (and accepted by Purchaser at Settlement) AS IS, WHERE IS, WITH ALL DEFECTS AND WITHOUT ANY WRITTEN OR ORAL REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED OR ARISING BY OPERATION OF LAW. Without limiting the foregoing, but subject to the representations and warranties contained in Section 6(b), Seller makes no representation, warranty or covenant, express, implied or statutory, of any kind whatsoever with respect to the Property, including, without limitation, any representation, warranty or covenant as to titletitle (other than the special warranty of title expressly set forth in the Deed), survey conditions, use of the Property for Purchaser’s intended use, the physical condition of the Property or any improvements thereon or any repairs required thereto (whether required due to Seller’s removal of any personal property or otherwise)thereto, past or present use, development, investment potential, tax ramifications or consequences, compliance with law, present or future zoning, the presence or absence of hazardous substances or other environmental conditions (including, without limitation, with regard to any underground or above-ground storage tanks on or about the Property, and without limiting anything in this Section 7 17 the parties expressly agree and acknowledge that Seller shall have no obligation to remove any such tank(s) or correct any environmental issues related thereto), the availability of utilities, access to public roads, habitability, merchantability, fitness or suitability for any purpose, or any other matter with respect to the Property (collectively, the “Condition of the Property”), all of which are hereby expressly disclaimed by Seller. Purchaser acknowledges that, except as otherwise expressly set forth in this Agreement, if at all, that Seller has made no representations, warranties or covenants as to the Condition of the Property or compliance of the Property with any federal, state, municipal or local statutes, laws, rules, regulations or ordinances including, without limitation, those pertaining to construction, building and health codes, Title III of the Americans With Disability Act, land use, zoning, hazardous substances or toxic wastes or substances, pollutants, contaminants, or other environmental matters. Additionally, Purchaser acknowledges the smoke damage to the Property resulting from a fire on an adjacent property, and notwithstanding such damage Purchaser acknowledges and agrees to accept the Property As-Is whether or not the Property is remedied and repaired by Seller during the sale process (and acknowledges, agrees to and accepts as-is any repairs Seller may make).

“As Is” Sale; Release. (a) Except as otherwise expressly provided in Section 6(b), Purchaser hereby expressly agrees and acknowledges, and represents and warrants to Seller, that Purchaser has not entered into this Agreement based upon any representation, warranty, statement or expression of opinion by Seller or any person or entity acting or allegedly acting for or on behalf of Seller with respect to Seller, the Property, or the Condition of the Property (as hereinafter defined). Except as otherwise expressly provided in Section 6(b), and except as otherwise expressly provided in the Lease, Purchaser acknowledges and agrees that the Property is and shall be sold and conveyed (and accepted by Purchaser at Settlement) AS IS, WHERE IS, WITH ALL DEFECTS AND WITHOUT ANY WRITTEN OR ORAL REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED OR ARISING BY OPERATION OF LAW. Without limiting the foregoing, but subject to the representations and warranties contained in Section 6(b), Seller makes no representation, warranty or covenant, express, implied or statutory, of any kind whatsoever with respect to the Property, including, without limitation, any representation, warranty or covenant as to title, survey conditions, use of the Property for Purchaser’s intended use, the physical condition of the Property or any improvements thereon or any repairs required thereto (whether required due to Seller’s removal of any personal property or otherwise), past or present use, development, investment potential, tax ramifications or consequences, compliance with law, present or future zoning, the presence or absence of hazardous substances or other environmental conditions (including, without limitation, with regard to any underground or above-ground storage tanks on or about the Property, and without limiting anything in this Section 7 the parties expressly agree and acknowledge that Seller shall have no obligation to remove any such tank(s) or correct any environmental issues related thereto), the availability of utilities, access to public roads, habitability, merchantability, fitness or suitability for any purpose, or any other matter with respect to the Property (collectively, the “Condition of the Property”), all of which are hereby expressly disclaimed by SellerXxxxxx. Purchaser acknowledges that, except as otherwise expressly set forth in this Agreement, if at all, Seller has made no representations, warranties or covenants as to the Condition of the Property or compliance of the Property with any federal, state, municipal or local statutes, laws, rules, regulations or ordinances including, without limitation, those pertaining to construction, building and health codes, Title III of the Americans With Disability Act, land use, zoning, hazardous substances or toxic wastes or substances, pollutants, contaminants, or other environmental matters.

“As Is” Sale; Release. (a) Except as otherwise expressly provided in Section 6(b5(b), Purchaser hereby expressly agrees and acknowledges, and represents and warrants to Seller, that Purchaser has not entered into this Agreement based upon any representation, warranty, statement or expression of opinion by Seller or any person or entity acting or allegedly acting for or on behalf of Seller with respect to Seller, the Property, or the Condition of the Property (as hereinafter defined). Except as otherwise expressly provided in Section 6(b5(b), and except as otherwise expressly provided in the Lease, Purchaser acknowledges and agrees that the Property is and shall be sold and conveyed (and accepted by Purchaser at Settlement) AS IS, WHERE IS, WITH ALL DEFECTS AND FAULTS AND WITHOUT ANY WRITTEN OR ORAL REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED OR ARISING BY OPERATION OF LAW. Without limiting the foregoing, but subject to the representations and warranties contained in Section 6(b5(b), Seller makes no representation, warranty or covenant, express, implied or statutory, of any kind whatsoever with respect to the Property, including, without limitation, any representation, warranty or covenant as to title, the Permitted Exceptions or any covenants, conditions or restrictions affecting the Property , the Lease(s), survey conditions, water or water rights, use of the Property for Purchaser’s intended use, the physical and structural condition of the Property or any improvements thereon or any repairs or replacements required thereto (whether required due to Seller’s removal of any personal property or otherwise), past or present use, development rights or development, entitlements, benefits or other rights in connection with any development, investment potential, tax ramifications ramifications, liabilities or consequencesconsequences (including with respect to current or future tax assessment or valuation), economic projections or market studies concerning the Property including, without limitation, with respect to the actual or projected income or operating expenses of the Property and viability or financial condition of any tenant, the status of the leasing market in which the Property is located, compliance with lawlaw (including, without limitation, Environmental Laws), present or future zoningzoning or the ability to obtain a change or variation therein, the presence or absence of hazardous substances or other environmental conditions (including, without limitation, with regard to any underground or above-ground storage tanks on or about the PropertyHazardous Substances, and without limiting anything in this Section 7 the parties 17, Purchaser expressly agree agrees and acknowledge acknowledges that Seller shall have no obligation to remove any such tank(s) or correct any environmental issues related thereto), topography, drainage, soil, subsoil of the Property, the availability of any financing for the purchase, alteration, rehabilitation or operation of the Property from any source, including, without limitation, any government authority or any lender, the availability of utilities, access to public roads, habitability, merchantability, fitness or suitability for any purpose, or any other matter with respect to the Property (collectively, the “Condition of the Property”), all of which are hereby expressly disclaimed by Seller. Purchaser acknowledges that, except as otherwise expressly set forth in this Agreement, if at all, Seller has made no representations, warranties or covenants as to the Condition of the Property or compliance of the Property with any federal, state, municipal or local statutes, laws, rules, regulations or ordinances including, without limitation, those pertaining to construction, building and health codes, Title III of the Americans With Disability Act, land use, zoning, hazardous substances or toxic wastes or substances, pollutants, contaminants, or other environmental mattersHazardous Substances.

“As Is” Sale; Release. (a) Except as otherwise expressly provided in Section 6(b5(b), Purchaser hereby expressly agrees and acknowledges, and represents and warrants to Seller, that Purchaser has not entered into this Agreement based upon any representation, warranty, statement or expression of opinion by Seller or any person or entity acting or allegedly acting for or on behalf of Seller with respect to Seller, the Property, or the Condition of the Property (as hereinafter defined). Except as otherwise expressly provided in Section 6(b5(b), and except as otherwise expressly provided in the Lease, Purchaser acknowledges and agrees that the Property is and shall be sold and conveyed (and accepted by Purchaser at Settlement) AS IS, WHERE IS, WITH ALL DEFECTS AND FAULTS AND WITHOUT ANY WRITTEN OR ORAL REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED OR ARISING BY OPERATION OF LAW. Without limiting the foregoing, but subject to the representations and warranties contained in Section 6(b5(b), Seller makes no representation, warranty or covenant, express, implied or statutory, of any kind whatsoever with respect to the Property, including, without limitation, any representation, warranty or covenant as to titletitle , the Permitted Exceptions or any covenants, conditions or restrictions affecting the Property, survey conditions, water or water rights, use of the Property for Purchaser’s intended use, the physical and structural condition of the Property or any improvements thereon or any repairs or replacements required thereto (whether required due to Seller’s removal of any personal property or otherwise), past or present use, development rights or development, entitlements, benefits or other rights in connection with any development, investment potential, tax ramifications ramifications, liabilities or consequencesconsequences (including with respect to current or future tax assessment or valuation), economic projections or market studies concerning the Property including, without limitation, with respect to the actual or projected income or operating expenses of the Property and viability or financial condition of any tenant, the status of the leasing market in which the Property is located, compliance with lawlaw (including, without limitation, Environmental Laws), present or future zoningzoning or the ability to obtain a change or variation therein, the presence or absence of hazardous substances or other environmental conditions (including, without limitation, with regard to any underground or above-ground storage tanks on or about the PropertyHazardous Substances, and without limiting anything in this Section 7 the parties 17, Purchaser expressly agree agrees and acknowledge acknowledges that Seller shall have no obligation to remove any such tank(s) or correct any environmental issues related thereto), topography, drainage, soil, subsoil of the Property, the availability of any financing for the purchase, alteration, rehabilitation or operation of the Property from any source, including, without limitation, any government authority or any lender, the availability of utilities, access to public roads, habitability, merchantability, fitness or suitability for any purpose, or any other matter with respect to the Property (collectively, the “Condition of the Property”), all of which are hereby expressly disclaimed by SellerXxxxxx. Purchaser acknowledges that, except as otherwise expressly set forth in this Agreement, if at all, Seller has made no representations, warranties or covenants as to the Condition of the Property or compliance of the Property with any federal, state, municipal or local statutes, laws, rules, regulations or ordinances including, without limitation, those pertaining to construction, building and health codes, Title III of the Americans With Disability Act, land use, zoning, hazardous substances or toxic wastes or substances, pollutants, contaminants, or other environmental mattersHazardous Substances.

“As Is” Sale; Release. Purchaser acknowledges (ai) Except as otherwise expressly provided in Section 6(b), Purchaser hereby expressly agrees and acknowledges, and represents and warrants to Seller, that Purchaser has not entered into this Agreement based with the intention of making and relying on its own investigation or that of Purchaser’s own consultants and representatives with respect to the physical, environmental, economic and legal condition of the Asset (other than Seller’s representations and warranties contained in this Agreement and/or in any document delivered by Seller at Closing pursuant to this Agreement), and (ii) that Purchaser is not relying upon any representationstatements, warrantyrepresentations or warranties of any kind, statement other than those specifically set forth in this Agreement or expression of opinion in any document to be executed and delivered by Seller to Purchaser at the Closing, made (or purported to be made) by Seller or any person or entity anyone acting or allegedly acting for or claiming to act on behalf Seller’s behalf. Purchaser will inspect the Asset and will be fully familiar with its physical condition and, subject to the terms and conditions of this Agreement, will purchase the Asset in an “as is” condition, “with all faults,” on the Closing Date (other than Seller’s representations and warranties contain in this Agreement and/or in any document delivered by Seller with respect at Closing pursuant to Seller, the Property, or the Condition of the Property (as hereinafter definedthis Agreement). Except as otherwise expressly provided in Section 6(b)NOTWITHSTANDING ANY OTHER PROVISION TO THE CONTRARY, and except as otherwise expressly provided in the LeaseEXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT OR IN ANY DOCUMENT TO BE EXECUTED AND DELIVERED BY SELLER TO PURCHASER AT THE CLOSING, Purchaser acknowledges and agrees that the Property is and shall be sold and conveyed (and accepted by Purchaser at Settlement) AS IS, WHERE IS, WITH ALL DEFECTS SELLER HAS NOT MADE AND WITHOUT DOES NOT MAKE ANY WRITTEN REPRESENTATIONS OR ORAL REPRESENTATION OR WARRANTY WARRANTIES TO PURCHASER WHATSOEVER, EXPRESS OR IMPLIED IMPLIED, OR ARISING BY OPERATION OF LAW, WITH RESPECT TO THE ASSET, INCLUDING, BUT IN NO WAY LIMITED TO, ANY WARRANTY OF CONDITION, MERCHANTABILITY, HABITABILITY OR FITNESS FOR A PARTICULAR USE, OR WITH RESPECT TO THE VALUE, PROFITABILITY OR MARKETABILITY OF THE ASSET. Without limiting PURCHASER ACKNOWLEDGES THAT, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT OR IN ANY DOCUMENT TO BE EXECUTED AND DELIVERED BY SELLER TO PURCHASER AT THE CLOSING, SELLER HAS NOT MADE, DOES NOT AND WILL NOT MAKE ANY REPRESENTATION OR 20236674v11 WARRANTY WITH REGARD TO THE CONDITION OR COMPLIANCE OF THE ASSET WITH RESPECT TO ANY ENVIRONMENTAL PROTECTION, HUMAN HEALTH, SAFETY, OR LAND USE LAWS, RULES, REGULATIONS, ORDERS OR REQUIREMENTS, INCLUDING BUT NOT LIMITED TO THOSE PERTAINING TO THE USE, HANDLING, GENERATION, TREATMENT, STORAGE, MANAGEMENT, OR DISPOSAL OF ANY TOXIC OR HAZARDOUS SUBSTANCES, HAZARDOUS WASTE OR TOXIC, REGULATED SUBSTANCES, INCLUDING WITHOUT LIMITATION PETROLEUM PRODUCTS, ASBESTOS, LEAD-BASED PAINT AND OTHER SUBSTANCES. PURCHASER IS PURCHASING THE ASSET IN AN “AS IS” CONDITION, “WITH ALL FAULTS” AND WITHOUT ANY WARRANTIES, REPRESENTATIONS OR GUARANTEES, EITHER EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW, OF ANY KIND, NATURE, OR TYPE WHATSOEVER FROM OR ON BEHALF OF SELLER, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT OR IN ANY DOCUMENT TO BE EXECUTED AND DELIVERED BY SELLER TO PURCHASER AT THE CLOSING. In reliance on the foregoingtruth and accuracy of the representation and warranty made by Seller in Section 4.1(h) of this Agreement, but subject to the representations fullest extent permitted by law, Purchaser unconditionally waives and warranties contained in Section 6(b)releases Seller, Seller makes no representationand its partners, warranty beneficial owners, officers, directors, shareholders and employees from any present or covenant, express, implied or statutory, future claims and liabilities of any kind whatsoever with respect nature arising from or relating to the Propertypresence or alleged presence of Hazardous Substances in, on, at, from, under or about the Asset or any adjacent property, including, without limitation, any representation, warranty claims under or covenant as to title, survey conditions, use of the Property for Purchaser’s intended use, the physical condition of the Property or any improvements thereon or any repairs required thereto (whether required due to Seller’s removal on account of any personal property or otherwise)Environmental Law, past or present useregardless of whether such Hazardous Substances are located in, developmenton, investment potentialat, tax ramifications or consequencesfrom, compliance with law, present or future zoning, the presence or absence of hazardous substances or other environmental conditions (including, without limitation, with regard to any underground or above-ground storage tanks on under or about the PropertyAsset or any adjacent property prior to or after the date of this Agreement. In addition, and without limiting notwithstanding anything in this Section 7 contained herein to the parties expressly agree and acknowledge that Seller contrary, Purchaser shall have no obligation the right to remove any such tank(s) implead or correct any environmental issues related thereto), the availability otherwise seek joinder of utilities, access to public roads, habitability, merchantability, fitness or suitability for any purpose, or any other matter Seller with respect to any claims brought against Purchaser by a third party unaffiliated with Purchaser relating to Hazardous Substances disposed of or released in, on or under the Property (collectively, the “Condition Land and/or Improvements during Seller’s period of ownership of the Property”), all Asset for which Seller shall be liable under any statute concerning liability for contamination by Hazardous Substances. The terms and provisions of which are hereby expressly disclaimed by Seller. Purchaser acknowledges that, except as otherwise expressly set forth in this Agreement, if at all, Seller has made no representations, warranties or covenants as to the Condition of the Property or compliance of the Property with any federal, state, municipal or local statutes, laws, rules, regulations or ordinances including, without limitation, those pertaining to construction, building and health codes, Title III of the Americans With Disability Act, land use, zoning, hazardous substances or toxic wastes or substances, pollutants, contaminants, or other environmental mattersSection 4.2 will survive Closing.

“As Is” Sale; Release. (a) Except as otherwise expressly provided in Section 6(b5(b), Purchaser hereby expressly agrees and acknowledges, and represents and warrants to Seller, that Purchaser has not entered into this Agreement based upon any representation, warranty, statement or expression of opinion by Seller or any person or entity acting or allegedly acting for or on behalf of Seller with respect to Seller, the Property, or the Condition of the Property (as hereinafter defined). Except as otherwise expressly provided in Section 6(b5(b), and except as otherwise expressly provided in the Lease, Purchaser acknowledges and agrees that the Property is and shall be sold and conveyed (and accepted by Purchaser at Settlement) AS IS, WHERE IS, WITH ALL DEFECTS AND FAULTS AND WITHOUT ANY WRITTEN OR ORAL REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED OR ARISING BY OPERATION OF LAW. Without limiting the foregoing, but subject to the representations and warranties contained in Section 6(b5(b), Seller makes no representation, warranty or covenant, express, implied or statutory, of any kind whatsoever with respect to the Property, including, without limitation, any representation, warranty or covenant as to titletitle , the Permitted Exceptions or any covenants, conditions or restrictions affecting the Property, survey conditions, water or water rights, use of the Property for Purchaser’s intended use, the physical and structural condition of the Property or any improvements thereon or any repairs or replacements required thereto (whether required due to Seller’s removal of any personal property or otherwise), past or present use, development rights or development, entitlements, benefits or other rights in connection with any development, investment potential, tax ramifications ramifications, liabilities or consequencesconsequences (including with respect to current or future tax assessment or valuation), economic projections or market studies concerning the Property including, without limitation, with respect to the actual or projected income or operating expenses of the Property and viability or financial condition of any tenant, the status of the leasing market in which the Property is located, compliance with lawlaw (including, without limitation, Environmental Laws), present or future zoningzoning or the ability to obtain a change or variation therein, the presence or absence of hazardous substances or other environmental conditions (including, without limitation, with regard to any underground or above-ground storage tanks on or about the PropertyHazardous Substances, and without limiting anything in this Section 7 the parties 17, Purchaser expressly agree agrees and acknowledge acknowledges that Seller shall have no obligation to remove any such tank(s) or correct any environmental issues related thereto)th ereto, topography, drainage, soil, subsoil of the Property, the availability of any financing for the purchase, alteration, rehabilitation or operation of the Property from any source, including, without limitation, any government authority or any lender, the availability of utilities, access to public roads, habitability, merchantability, fitness or suitability for any purpose, or any other matter with respect to the Property (collectively, the “Condition of the Property”), all of which are hereby expressly disclaimed by Seller. Purchaser acknowledges that, except as otherwise expressly set forth in this Agreement, if at all, Seller has made no representations, warranties or covenants as to the Condition of the Property or compliance of the Property with any federal, state, municipal or local statutes, laws, rules, regulations or ordinances including, without limitation, those pertaining to construction, building and health codes, Title III of the Americans With Disability Act, land use, zoning, hazardous substances or toxic wastes or substances, pollutants, contaminants, or other environmental mattersHazardous Substances.

“As Is” Sale; Release. (a) Except as otherwise expressly provided in Section 6(b), Purchaser hereby expressly agrees and acknowledges, and represents and warrants to Seller, that Purchaser has not entered into this Agreement based upon any representation, warranty, statement or expression of opinion by Seller or any person or entity acting or allegedly acting for or on behalf of Seller with respect to Seller, the Property, or the Condition of the Property (as hereinafter defined). Except as otherwise Purchaser further expressly provided in Section 6(b), and except as otherwise expressly provided in the Lease, Purchaser acknowledges and agrees that the Property is and shall be sold and conveyed (and accepted by Purchaser at Settlement) AS IS, WHERE IS, WITH ALL DEFECTS AND WITHOUT ANY WRITTEN OR ORAL REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED OR ARISING BY OPERATION OF LAW. Without limiting the foregoing, but subject to the representations and warranties contained in Section 6(b), Seller makes no representation, warranty or covenant, express, implied or statutory, of any kind whatsoever with respect to the Property, including, without limitation, any representation, warranty or covenant as to title, survey conditions, use of the Property for Purchaser’s intended use, the physical condition of the Property or any improvements thereon or any repairs required thereto (whether required due to Seller’s removal of any personal property or otherwise), past or present use, development, investment potential, tax ramifications or consequences, compliance with law, present or future zoning, the presence or absence of hazardous substances or other environmental conditions (including, without limitation, with regard to any underground or above-ground storage tanks on or about the Property, and without limiting anything in this Section 7 17 the parties expressly agree and acknowledge that Seller shall have no obligation to remove any such tank(s) or correct any environmental issues related thereto), the availability of utilities, access to public roads, habitability, merchantability, fitness or suitability for any purpose, or any other matter with respect to the Property (collectively, the “Condition of the Property”), all of which are hereby expressly disclaimed by Seller. Purchaser acknowledges that, except as otherwise expressly set forth in this Agreement, if at all, Seller has made no representations, warranties or covenants as to the Condition of the Property or compliance of the Property with any federal, state, municipal or local statutes, laws, rules, regulations or ordinances including, without limitation, those pertaining to construction, building and health codes, Title III of the Americans With Disability Act, land use, zoning, hazardous substances or toxic wastes or substances, pollutants, contaminants, or other environmental matters.

“As Is” Sale; Release. (a) Except as otherwise expressly provided in Section 6(b5(b), Purchaser hereby expressly agrees and acknowledges, and represents and warrants to Seller, that Purchaser has not entered into this Agreement based upon any representation, warranty, statement or expression of opinion by Seller or any person or entity acting or allegedly acting for or on behalf of Seller with respect to Seller, the Property, or the Condition of the Property (as hereinafter defined). Except as otherwise expressly provided in Section 6(b5(b), and except as otherwise expressly provided in the Lease, Purchaser acknowledges and agrees that the Property is and shall be sold and conveyed (and accepted by Purchaser at Settlement) AS IS, WHERE IS, WITH ALL DEFECTS AND FAULTS AND WITHOUT ANY WRITTEN OR ORAL REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED OR ARISING BY OPERATION OF LAW. Without limiting the foregoing, but subject to the representations and warranties contained in Section 6(b5(b), Seller makes no representation, warranty or covenant, express, implied or statutory, of any kind whatsoever with respect to the Property, including, without limitation, any representation, warranty or covenant as to titletitle , the Permitted Exceptions or any covenants, conditions or restrictions affecting the Property, the Lease(s), survey conditions, water or water rights, use of the Property for Purchaser’s intended use, the physical and structural condition of the Property or any improvements thereon or any repairs or replacements required thereto (whether required due to Seller’s removal of any personal property or otherwise), past or present use, development rights or development, entitlements, benefits or other rights in connection with any development, investment potential, tax ramifications ramifications, liabilities or consequencesconsequences (including with respect to current or future tax assessment or valuation), economic projections or market studies concerning the Property including, without limitation, with respect to the actual or projected income or operating expenses of the Property and viability or f inancial condition of any tenant, the status of the leasing market in which the Property is located, compliance with lawlaw (including, without limitation, Environmental Laws), present or future zoningzoning or the ability to obtain a change or variation therein, the presence or absence of hazardous substances or other environmental conditions (including, without limitation, with regard to any underground or above-ground storage tanks on or about the PropertyHazardous Substances, and without limiting anything in this Section 7 the parties 17, Purchaser expressly agree agrees and acknowledge acknowledges that Seller shall have no obligation to remove any such tank(s) or correct any environmental issues related thereto), topography, drainage, soil, subsoil of the Property, the availability of any financing for the purchase, alteration, rehabilitation or operation of the Property from any source, including, without limitation, any government authority or any lender, the availability of utilities, access to public roads, habitability, merchantability, fitness or suitability for any purpose, or any other matter with respect to the Property (collectively, the “Condition of the Property”), all of which are hereby expressly disclaimed by Seller. Purchaser acknowledges that, except as otherwise expressly set forth in this Agreement, if at all, Seller has made no representations, warranties or covenants as to the Condition of the Property or compliance of the Property with any federal, state, municipal or local statutes, laws, rules, regulations or ordinances including, without limitation, those pertaining to construction, building and health codes, Title III of the Americans With Disability Act, land use, zoning, hazardous substances or toxic wastes or substances, pollutants, contaminants, or other environmental mattersHazardous Substances.