Metro Tower Disclaimer Sample Clauses

Metro Tower Disclaimer. (a) Purchaser acknowledges that agents and representatives of Purchaser inspected and examined the Metro Tower to the extent deemed necessary by Purchaser in order to enable Purchaser to evaluate its condition and Purchaser and its agents and representatives are qualified to make such inspection. (b) PURCHASER HEREBY AGREES THAT THE METRO TOWER SHALL BE ACQUIRED BY PURCHASER IN AN “AS-IS, WHERE IS” CONDITION, WITH ALL FAULTS, AND WITHOUT REPRESENTATIONS AND WARRANTIES OF ANY KIND (EXPRESS OR IMPLIED OR ARISING BY OPERATION OF LAW) OTHER THAN AS SET FORTH IN SECTION 5.13. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT, SELLERS HAVE NOT MADE, AND EXPRESSLY AND SPECIFICALLY DISCLAIM, AND PURCHASER ACCEPTS THAT SELLERS HAVE DISCLAIMED, ANY REPRESENTATIONS, GUARANTIES OR WARRANTIES OF OR RELATING TO THE METRO TOWER OTHER THAN AS SET FORTH IN SECTION 5.13, INCLUDING WITHOUT LIMITATION, OF OR RELATING TO: (A) THE USE, INCOME, POTENTIAL EXPENSES, MAINTENANCE, OPERATION, CHARACTERISTICS OR CONDITION OF THE METRO TOWER OR ANY PORTION THEREOF, INCLUDING WITHOUT LIMITATION, WARRANTIES OF SUITABILITY, MERCHANTABILITY, DESIGN OR FITNESS FOR ANY SPECIFIC PURPOSE OR A PARTICULAR PURPOSE, OR GOOD AND WORKMANLIKE CONSTRUCTION, OR (B) THE NATURE, MANNER, CONSTRUCTION, CONDITION, STATE OF REPAIR, OR LACK OF REPAIR OF THE EQUIPMENT, WHETHER OR NOT OBVIOUS, VISIBLE OR APPARENT. (c) Other than with respect to the matters set forth in Section 5.13 or in the event that the Company intentionally fails to disclose a matter of which the Company or Sellers were actually aware as required by Section 6.9, Purchaser hereby expressly assumes all risks, liabilities, damages and costs (and agrees that Sellers shall not be liable for any special, direct, indirect, consequential, or other damages) that result or arise from or relate to the ownership, use, condition, location, maintenance, repair or operation of the Metro Tower after Closing. Purchaser acknowledges that any condition of the Metro Tower that Purchaser discovers or desires to correct or improve shall be at Purchaser’s sole expense.
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