Conveyances As Is. Prior to acquisition of title to any Closing Parcel, Developer shall have made its own examination, inspection and investigation of the condition of such Closing Parcel (including, without limitation, the subsurface thereof, all soil, environmental, engineering and other conditions which may affect construction thereon and/or the development thereof) as it deems necessary or appropriate. Except as provided in this Agreement, the Deed and any other documents executed and delivered by City at any Closing, Developer is entering into this Agreement and purchasing the City Property based upon the results of such inspections and investigations and not in reliance on any statements, representations, or agreements of City not contained in this Agreement, the Deed and any other documents executed and delivered by City at any Closing. Developer acknowledges and agrees that it is acquiring the City Property in an “AS IS” and “WHERE IS” condition, with all faults, except for the representations, warranties and covenants of City as stated in this Agreement, the Deed and any other documents executed and delivered by City at any Closing and that City shall not be responsible or liable to Developer for any conditions affecting the City Property, except for the express representations, covenants and warranties of City set forth in this Agreement, the Deed and any other documents executed and delivered by City at any Closing. Other than with respect to claims arising from City’s breach of this Agreement, the Deed and any other documents executed and delivered by City at any Closing, and except for claims arising as a result of the acts of City or its Council members, officers, employees, representatives and agents which affect the condition of or title to the Property, Developer or anyone claiming by, through or under Developer, hereby fully releases City, its Council members, officers, employees, representatives and agents from any and all claims that it may now have or hereafter acquire against the indemnified parties, for any cost, loss, liability, damage, expense, demand, action or cause of action arising from or related to the condition of the City Property. Developer further acknowledges and agrees that this release shall be given full force and effect according to each of its expressed terms and provisions, including, but not limited to, those relating to unknown and unsuspected claims, damages and causes of action.
Conveyances As Is. Prior to the Closing, Developer shall have made its own examination, inspection and investigation of the condition of the Property (including, without limitation, the subsurface thereof, all soil, environmental, engineering and other conditions which may affect construction thereon and/or the development thereof) as it deems necessary or appropriate. Except as provided in this Agreement, the Deed and any other documents executed and delivered by City at the Closing, Developer is entering into this Agreement and purchasing the Property based upon the results of such inspections and investigations and not in reliance on any statements, representations, or agreements of City. Developer acknowledges and agrees that it is acquiring the Property in an “AS IS” and “WHERE IS” condition, with all faults, except for the representations, warranties and covenants of City as stated in this Agreement, the Deed and any other documents executed and delivered by City at any Closing and that City shall not be responsible or liable to Developer for any conditions affecting the Property, except for the express representations, covenants and warranties of City set forth in this Agreement, the Deed and any other documents executed and delivered by City at any Closing. Other than with respect to claims arising as a result of the acts of City or its Council members, officers, employees, representatives and agents which affect the condition of or title to the Property, Developer or anyone claiming by, through or under Developer, hereby fully releases City, its Council members, officers, employees, representatives and agents from any and all claims that it may now have or hereafter acquire against the indemnified parties, for any cost, loss, liability, damage, expense, demand, action or cause of action arising from or related to the condition of the Property. Developer further acknowledges and agrees that this release shall be given full force and effect according to each of its expressed terms and provisions, including, but not limited to, those relating to unknown and unsuspected claims, damages and causes of action.
