Common use of No Implied Representations Clause in Contracts

No Implied Representations. The Town acknowledges that, except as provided in the Representations and Warranties set forth in Exhibit A: (A) NEITHER GRANTOR NOR ANY SUCCESSOR OWNER OR AGENT, EMPLOYEE, OFFICER, DIRECTOR, CONTRACTOR OR REPRESENTATIVE OF GRANTOR (OR ANY SUCCESSOR OWNER) HAS MADE (OR HAS AN OBLIGATION TO TOWN TO MAKE), AND GRANTOR SPECIFICALLY DISCLAIMS, ANY REPRESENTATION, GUARANTEE OR WARRANTY OF ANY KIND OR NATURE WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITEN, PAST, PRESENT OR FUTURE, OF, AS TO, CONCERNING OR WITH RESPECT TO THE GRANTOR PROPERTY, INCLUDING, WITHOUT LIMITATION, (1) THE NATURE, QUANTITY, QUALITY OR CONDITION OF THE GRANTOR PROPERTY; (2) THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE GRANTOR PROPERTY; OR (3) COMPLIANCE OF OR BY THE GRANTOR PROPERTY WITH ANY LAWS, RULES, ORDINANCES OR REGULATIONS OF ANY APPLICABLE GOVERNMENTAL AUTHORITY, INCLUDING, WITHOUT LIMITATION, CERCLA (DEFINED BELOW) OR ANY OTHER ENVIRONMENTAL LAWS (DEFINED BELOW); AND (B) TOWN IS RELYING SOLELY UPON ITS OWN INSPECTION OF THE GRANTOR PROPERTY AND NOT UPON ANY INFORMATION PROVIDED BY OR ON BEHALF OF, OR TO BE PROVIDED BY OR ON BEHALF OF, GRANTOR (OR THE APPLICABLE SUCCESSOR OWNER(S)) OR UPON ANY REPRESENTATIONS MADE TO IT BY GRANTOR, SUCCESSOR OWNER, OR ANY AGENT, EMPLOYEE, OFFICER, DIRECTOR, CONTRACTOR OR REPRESENTATIVE OF GRANTOR OR A SUCCESSOR OWNER. ANY INFORMATION PROVIDED OR TO BE PROVIDED BY GRANTOR (OR ANY SUCCESSOR OWNER(S)) WITH RESPECT TO THE GRANTOR PROPERTY WAS OR MAY BE OBTAINED FROM A VARIETY OF SOURCES AND GRANTOR (OR ANY SUCCESSOR OWNER(S)) HAS NOT MADE ANY INDEPENDENT INVESTIGATION OR VERIFICATION OF SUCH THIRD-PARTY INFORMATION AND MAKES NO REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF SUCH THIRD-PARTY INFORMATION.

No Implied Representations. The Town Buyer acknowledges and agrees that, except as provided in the Representations for Seller's express representations and Warranties warranties set forth in Exhibit A: Section 12.1 below or in any instrument of conveyance signed by Seller and delivered to Buyer at Closing (A) collectively, "Seller's Express Representations"), NEITHER GRANTOR SELLER NOR ANY SUCCESSOR OWNER OR AGENT, EMPLOYEE, OFFICER, DIRECTOR, BROKER, CONTRACTOR OR REPRESENTATIVE OF GRANTOR (OR ANY SUCCESSOR OWNER) SELLER HAS MADE (OR HAS AN OBLIGATION TO TOWN TO MAKE)MADE, AND GRANTOR SELLER SPECIFICALLY DISCLAIMS, ANY REPRESENTATION, GUARANTEE REPRESENTATIONS OR WARRANTY WARRANTIES OF ANY KIND OR NATURE WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITENWRITTEN, PAST, PRESENT OR FUTURE, OF, AS TO, CONCERNING OR WITH RESPECT TO THE GRANTOR PROPERTY, INCLUDING, WITHOUT LIMITATION, : (1A) THE NATURE, QUANTITY, QUALITY OR CONDITION OF THE GRANTOR PROPERTY, INCLUDING, WITHOUT LIMITATION, THE AREA, OR THE CONDITION WITH RESPECT TO WATER, SOILS OR GEOLOGY, OF ANY LAND INCLUDED IN THE PROPERTY, THE PLUMBING, ELECTRICAL OR MECHANICAL EQUIPMENT OR SYSTEMS OR THE ROOFS, FOUNDATIONS OR OTHER STRUCTURAL COMPONENTS OF ANY IMPROVEMENTS INCLUDED IN THE PROPERTY, OR THE FITNESS OF ANY PERSONAL PROPERTY INCLUDED IN THE PROPERTY; (2B) THE INCOME TO BE DERIVED FROM THE PROPERTY BY VIRTUE OF THE LEASES OR OTHERWISE; (C) THE COSTS OF OWNING, OPERATING, REPAIRING OR MAINTAINING THE PROPERTY; (D) THE MARKETABILITY OF THE PROPERTY OR ANY POTENTIAL TO DEVELOP, CONSTRUCT OR ALTER IMPROVEMENTS ON, OR LEASE OR SELL THE PROPERTY; (E) THE HABITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE GRANTOR PROPERTY; OR (3F) THE COMPLIANCE OF OR BY THE GRANTOR PROPERTY OR ITS OPERATION WITH ANY LAWS, RULES, ORDINANCES OR REGULATIONS OF ANY APPLICABLE GOVERNMENTAL AUTHORITY, INCLUDING, WITHOUT LIMITATION, CERCLA (DEFINED BELOW) OR ANY OTHER ENVIRONMENTAL LAWS (DEFINED BELOW)LAW; AND (B) TOWN THAT NEITHER SELLER NOR ANY AGENT, EMPLOYEE, OFFICER, DIRECTOR, BROKER, CONTRACTOR OR REPRESENTATIVE OF SELLER HAS MADE, AND SELLER SPECIFICALLY DISCLAIMS, ANY REPRESENTATIONS CONCERNING HAZARDOUS MATERIALS. BUYER ACKNOWLEDGES AND AGREES THAT, EXCEPT FOR SELLER'S EXPRESS REPRESENTATIONS, BUYER IS RELYING SOLELY UPON ITS OWN INSPECTION OF THE GRANTOR PROPERTY AND NOT UPON ANY INFORMATION PROVIDED BY OR ON BEHALF OF, OR TO BE PROVIDED BY OR ON BEHALF OF, GRANTOR (OR THE APPLICABLE SUCCESSOR OWNER(S)) SELLER OR UPON ANY REPRESENTATIONS MADE TO IT BY GRANTOR, SUCCESSOR OWNER, SELLER OR ANY AGENT, EMPLOYEE, OFFICER, DIRECTOR, BROKER, CONTRACTOR OR REPRESENTATIVE OF GRANTOR OR A SUCCESSOR OWNERSELLER. BUYER FURTHER ACKNOWLEDGES AND AGREES THAT ANY INFORMATION PROVIDED OR TO BE PROVIDED BY GRANTOR (OR ANY SUCCESSOR OWNER(S)) WITH RESPECT TO THE GRANTOR PROPERTY WAS OR MAY BE OBTAINED FROM A VARIETY OF SOURCES AND GRANTOR (OR ANY SUCCESSOR OWNER(S)) THAT SELLER HAS NOT MADE ANY INDEPENDENT INVESTIGATION OR VERIFICATION OF SUCH THIRD-PARTY INFORMATION AND MAKES NO REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF SUCH THIRD-PARTY INFORMATION.

No Implied Representations. The Town Buyer acknowledges and agrees that, except as provided in the Representations for Seller's express representations and Warranties warranties set forth in Exhibit A: Section 13.2 below or in any instrument of conveyance signed by Seller and delivered to Buyer at Closing (A) collectively, "Seller's Express Representations"), NEITHER GRANTOR SELLER NOR ANY SUCCESSOR OWNER OR AGENT, EMPLOYEE, OFFICER, DIRECTOR, BROKER, CONTRACTOR OR REPRESENTATIVE OF GRANTOR (OR ANY SUCCESSOR OWNER) SELLER HAS MADE (OR HAS AN OBLIGATION TO TOWN TO MAKE)MADE, AND GRANTOR SELLER SPECIFICALLY DISCLAIMS, ANY REPRESENTATION, GUARANTEE REPRESENATIONS OR WARRANTY WARRANTIES OF ANY KIND OR NATURE WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITENWRITTEN, PAST, PRESENT OR FUTURE, OF, AS TO, CONCERNING OR WITH RESPECT TO THE GRANTOR PROPERTY, INCLUDING, WITHOUT LIMITATION, : (1A) THE NATURE, QUANTITY, QUALITY OR CONDITION OF THE GRANTOR PROPERTY, INCLUDING, WITHOUT LIMITATION, THE AREA, OR THE CONDITION WITH RESPECT TO WATER, SOILS OR GEOLOGY, OF ANY LAND INCLUDED IN THE PROPERTY, THE PLUMBING, ELECTRICAL OR MECHANICAL EQUIPMENT OR SYSTEMS OR THE ROOFS, FOUNDATIONS OR OTHER STRUCTURAL COMPONENTS OF ANY IMPROVEMENTS INCLUDED IN THE PROPERTY, OR THE FITNESS OF ANY PERSONAL PROPERTY INCLUDED IN THE PROPERTY; (2B) THE INCOME TO BE DERIVED FROM THE PROPERTY BY VIRTUE OF THE LEASES OR OTHERWISE; (C) THE COSTS OF OWNING, OPERATING, REPAIRING OR MAINTAINING THE PROPERTY; (D) THE MARKETABILITY OF THE PROPERTY OR ANY POTENTIAL TO DEVELOP, CONSTRUCT OR ALTER IMPROVEMENTS ON, OR LEASE OR SELL THE PROPERTY; (E) THE HABITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE GRANTOR PROPERTY; OR (3F) THE COMPLIANCE OF OR BY THE GRANTOR PROPERTY OR ITS OPERATION WITH ANY LAWS, RULES, ORDINANCES OR REGULATIONS OF ANY APPLICABLE GOVERNMENTAL AUTHORITY, INCLUDING, WITHOUT LIMITATION, CERCLA (DEFINED BELOW) OR ANY OTHER ENVIRONMENTAL LAWS (DEFINED BELOW)LAW; AND (B) TOWN THAT NEITHER SELLER NOR ANY AGENT, EMPLOYEE, OFFICER, DIRECTOR, BROKER, CONTRACTOR OR REPRESENTATIVE OF SELLER HAS MADE, AND SELLER SPECIFICALLY DISCLAIMS, ANY REPRESENTATIONS CONCERNING HAZARDOUS MATERIALS. BUYER ACKNOWLEDGES AND AGREES THAT, EXCEPT FOR SELLER'S EXPRESS REPRESENTATIONS, BUYER IS RELYING SOLELY UPON ITS OWN INSPECTION OF THE GRANTOR PROPERTY AND NOT UPON ANY INFORMATION PROVIDED BY OR ON BEHALF OF, OR TO BE PROVIDED BY OR ON BEHALF OF, GRANTOR (OR THE APPLICABLE SUCCESSOR OWNER(S)) SELLER OR UPON ANY REPRESENTATIONS MADE TO IT BY GRANTOR, SUCCESSOR OWNER, SELLER OR ANY AGENT, EMPLOYEE, OFFICER, DIRECTOR, BROKER, CONTRACTOR OR REPRESENTATIVE OF GRANTOR OR A SUCCESSOR OWNERSELLER. BUYER FURTHER ACKNOWLEDGES AND AGREES THAT ANY INFORMATION PROVIDED OR TO BE PROVIDED BY GRANTOR (OR ANY SUCCESSOR OWNER(S)) WITH RESPECT TO THE GRANTOR PROPERTY WAS OR MAY BE OBTAINED FROM A VARIETY OF SOURCES AND GRANTOR (OR ANY SUCCESSOR OWNER(S)) THAT SELLER HAS NOT MADE ANY INDEPENDENT INVESTIGATION OR VERIFICATION OF SUCH THIRD-PARTY INFORMATION AND MAKES NO REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF SUCH THIRD-PARTY INFORMATION.ANY

No Implied Representations. The Town Buyer acknowledges and agrees that, except as provided in the Representations and Warranties otherwise set forth in Exhibit A: this Agreement and except for Seller's express representations and warranties set forth in Section 12.1 below or in any instrument of conveyance signed by Seller and delivered to Buyer at Closing (A) collectively, "Seller's Express Representations"), NEITHER GRANTOR SELLER NOR ANY SUCCESSOR OWNER OR AGENT, EMPLOYEE, OFFICER, DIRECTOR, BROKER, CONTRACTOR OR REPRESENTATIVE OF GRANTOR (OR ANY SUCCESSOR OWNER) SELLER HAS MADE (OR HAS AN OBLIGATION TO TOWN TO MAKE)MADE, AND GRANTOR SELLER SPECIFICALLY DISCLAIMS, ANY REPRESENTATION, GUARANTEE REPRESENTATIONS OR WARRANTY WARRANTIES OF ANY KIND OR NATURE WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITENWRITTEN, PAST, PRESENT OR FUTURE, OF, AS TO, CONCERNING OR WITH RESPECT TO THE GRANTOR PROPERTY, INCLUDING, WITHOUT LIMITATION, : (1A) THE NATURE, QUANTITY, QUALITY OR CONDITION OF THE GRANTOR PROPERTY, INCLUDING, WITHOUT LIMITATION, THE AREA, OR THE CONDITION WITH RESPECT TO WATER, SOILS OR GEOLOGY, OF ANY LAND INCLUDED IN THE PROPERTY, THE PLUMBING, ELECTRICAL OR MECHANICAL EQUIPMENT OR SYSTEMS OR THE ROOFS, FOUNDATIONS OR OTHER STRUCTURAL COMPONENTS OF ANY IMPROVEMENTS INCLUDED IN THE PROPERTY, OR THE FITNESS OF ANY PERSONAL PROPERTY INCLUDED IN THE PROPERTY; (2B) THE INCOME TO BE DERIVED FROM THE PROPERTY BY VIRTUE OF THE LEASES OR OTHERWISE; (C) THE COSTS OF OWNING, OPERATING, REPAIRING OR MAINTAINING THE PROPERTY; (D) THE MARKETABILITY OF THE PROPERTY OR ANY POTENTIAL TO DEVELOP, CONSTRUCT OR ALTER IMPROVEMENTS ON, OR LEASE OR SELL THE PROPERTY; (E) THE HABITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE GRANTOR PROPERTY; OR (3F) THE COMPLIANCE OF OR BY THE GRANTOR PROPERTY OR ITS OPERATION WITH ANY LAWS, RULES, ORDINANCES OR REGULATIONS OF ANY APPLICABLE GOVERNMENTAL AUTHORITY, INCLUDING, WITHOUT LIMITATION, CERCLA (DEFINED BELOW) OR ANY OTHER ENVIRONMENTAL LAWS (DEFINED BELOW)LAW; AND (B) TOWN THAT NEITHER SELLER NOR ANY AGENT, EMPLOYEE, OFFICER, DIRECTOR, BROKER, CONTRACTOR OR REPRESENTATIVE OF SELLER HAS MADE, AND SELLER SPECIFICALLY DISCLAIMS, ANY REPRESENTATIONS CONCERNING HAZARDOUS MATERIALS. BUYER ACKNOWLEDGES AND AGREES THAT, EXCEPT FOR SELLER'S EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS AGREEMENT OR IN ANY OF THE CONVEYANCE DOCUMENTS, BUYER IS RELYING SOLELY UPON ITS OWN INSPECTION OF THE GRANTOR PROPERTY AND NOT UPON ANY INFORMATION PROVIDED BY OR ON BEHALF OF, OR TO BE PROVIDED BY OR ON BEHALF OF, GRANTOR (OR THE APPLICABLE SUCCESSOR OWNER(S)) SELLER OR UPON ANY REPRESENTATIONS MADE TO IT BY GRANTOR, SUCCESSOR OWNER, SELLER OR ANY AGENT, EMPLOYEE, OFFICER, DIRECTOR, BROKER, CONTRACTOR OR REPRESENTATIVE OF GRANTOR OR A SUCCESSOR OWNERSELLER. BUYER FURTHER ACKNOWLEDGES AND AGREES THAT ANY INFORMATION PROVIDED OR TO BE PROVIDED BY GRANTOR (OR ANY SUCCESSOR OWNER(S)) WITH RESPECT TO THE GRANTOR PROPERTY WAS OR MAY BE OBTAINED FROM A VARIETY OF SOURCES AND GRANTOR (OR ANY SUCCESSOR OWNER(S)) THAT SELLER HAS NOT MADE ANY INDEPENDENT INVESTIGATION OR VERIFICATION OF SUCH THIRD-PARTY INFORMATION AND MAKES NO REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF SUCH THIRD-PARTY INFORMATION.

No Implied Representations. The Town acknowledges that, that except as provided in the Representations and Warranties set forth in Exhibit AB: (A) NEITHER GRANTOR NOR ANY SUCCESSOR OWNER OR AGENT, EMPLOYEE, OFFICER, DIRECTOR, CONTRACTOR OR REPRESENTATIVE OF GRANTOR (OR ANY SUCCESSOR OWNER) HAS MADE (OR HAS AN OBLIGATION TO TOWN TO MAKE), AND GRANTOR SPECIFICALLY DISCLAIMS, ANY REPRESENTATION, GUARANTEE OR WARRANTY OF ANY KIND OR NATURE WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITEN, PAST, PRESENT OR FUTURE, OF, AS TO, CONCERNING OR WITH RESPECT TO THE GRANTOR PROPERTY, INCLUDING, WITHOUT LIMITATION, (1) THE NATURE, QUANTITY, QUALITY OR CONDITION OF THE GRANTOR PROPERTY; (2) THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE GRANTOR PROPERTY; OR (3) COMPLIANCE OF OR BY THE GRANTOR PROPERTY WITH ANY LAWS, RULES, ORDINANCES OR REGULATIONS OF ANY APPLICABLE GOVERNMENTAL AUTHORITY, INCLUDING, WITHOUT LIMITATION, CERCLA (DEFINED BELOW) OR ANY OTHER ENVIRONMENTAL LAWS (DEFINED BELOW); AND (B) TOWN IS RELYING SOLELY UPON ITS OWN INSPECTION OF THE GRANTOR PROPERTY AND NOT UPON ANY INFORMATION PROVIDED BY OR ON BEHALF OF, OR TO BE PROVIDED BY OR ON BEHALF OF, GRANTOR (OR THE APPLICABLE SUCCESSOR OWNER(S)) OR UPON ANY REPRESENTATIONS MADE TO IT BY GRANTOR, SUCCESSOR OWNER, OR ANY AGENT, EMPLOYEE, OFFICER, DIRECTOR, CONTRACTOR OR REPRESENTATIVE OF GRANTOR OR A SUCCESSOR OWNER. ANY INFORMATION PROVIDED OR TO BE PROVIDED BY GRANTOR (OR ANY SUCCESSOR OWNER(S)) WITH RESPECT TO THE GRANTOR PROPERTY WAS OR MAY BE OBTAINED FROM A VARIETY OF SOURCES AND GRANTOR (OR ANY SUCCESSOR OWNER(S)) HAS NOT MADE ANY INDEPENDENT INVESTIGATION OR VERIFICATION OF SUCH THIRD-PARTY INFORMATION AND MAKES NO REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF SUCH THIRD-PARTY INFORMATION.

No Implied Representations. The Town acknowledges that, except Except as provided in the Representations and Warranties expressly set forth in Exhibit A: and limited by Sections 5(d) and 6(a): (A) NEITHER GRANTOR BATTLE NORTH NOR ANY SUCCESSOR OWNER OR AGENT, EMPLOYEE, OFFICER, DIRECTOR, CONTRACTOR OR REPRESENTATIVE OF GRANTOR (OR ANY SUCCESSOR OWNER) BATTLE HAS MADE (OR HAS AN OBLIGATION TO THE TOWN TO MAKE), AND GRANTOR BATTLE SPECIFICALLY DISCLAIMS, ANY REPRESENTATION, GUARANTEE OR WARRANTY OF ANY KIND OR NATURE WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITEN, PAST, PRESENT OR FUTURE, OF, AS TO, CONCERNING OR WITH RESPECT TO THE GRANTOR PROPERTYPROPERTY INTERESTS, INCLUDING, WITHOUT LIMITATION, (1) THE NATURE, QUANTITY, QUALITY OR CONDITION OF THE GRANTOR PROPERTYPROPERTY INTERESTS; (2) THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE GRANTOR PROPERTYPROPERTY INTRERESTS; OR (3) COMPLIANCE OF OR BY THE GRANTOR PROPERTY INTERESTS WITH ANY LAWS, RULES, ORDINANCES OR REGULATIONS OF ANY APPLICABLE GOVERNMENTAL AUTHORITY, INCLUDING, WITHOUT LIMITATION, CERCLA (DEFINED BELOW) OR ANY OTHER ENVIRONMENTAL LAWS (DEFINED BELOW)LAWS; AND (B) THE TOWN IS RELYING SOLELY UPON ITS OWN INSPECTION OF THE GRANTOR PROPERTY INTERESTS AND NOT UPON ANY INFORMATION PROVIDED BY OR ON BEHALF OF, OR TO BE PROVIDED BY OR ON BEHALF OF, GRANTOR (OR THE APPLICABLE SUCCESSOR OWNER(S)) BATTLE NORTH OR UPON ANY REPRESENTATIONS MADE TO IT BY GRANTOR, SUCCESSOR OWNER, BATTLE NORTH OR ANY AGENT, EMPLOYEE, OFFICER, DIRECTOR, CONTRACTOR OR REPRESENTATIVE OF GRANTOR OR A SUCCESSOR OWNERBATTLE NORTH. ANY INFORMATION PROVIDED OR TO BE PROVIDED BY GRANTOR (OR ANY SUCCESSOR OWNER(S)) BATTLE NORTH WITH RESPECT TO THE GRANTOR PROPERTY INTERESTS WAS OR MAY BE OBTAINED FROM A VARIETY OF SOURCES AND GRANTOR (OR ANY SUCCESSOR OWNER(S)) BATTLE NORTH HAS NOT MADE ANY INDEPENDENT INVESTIGATION OR VERIFICATION OF SUCH THIRD-PARTY INFORMATION AND MAKES NO REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF SUCH THIRD-PARTY INFORMATION.

No Implied Representations. The Town acknowledges that, that except as provided in the Representations and Warranties set forth in Exhibit AB: (A) NEITHER GRANTOR BATTLE NORTH NOR ANY SUCCESSOR OWNER OR AGENT, EMPLOYEE, OFFICER, DIRECTOR, CONTRACTOR OR REPRESENTATIVE OF GRANTOR BATTLE NORTH (OR ANY SUCCESSOR OWNER) HAS MADE (OR HAS AN OBLIGATION TO TOWN TO MAKE), AND GRANTOR BATTLE NORTH SPECIFICALLY DISCLAIMS, ANY REPRESENTATION, GUARANTEE OR WARRANTY OF ANY KIND OR NATURE WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITEN, PAST, PRESENT OR FUTURE, OF, AS TO, CONCERNING OR WITH RESPECT TO THE GRANTOR PROPERTYPARCEL 11, INCLUDING, WITHOUT LIMITATION, (1) THE NATURE, QUANTITY, QUALITY OR CONDITION OF THE GRANTOR PROPERTYPARCEL 11; (2) THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE GRANTOR PROPERTYPARCEL 11; OR (3) COMPLIANCE OF OR BY THE GRANTOR PROPERTY PARCEL 11 WITH ANY LAWS, RULES, ORDINANCES OR REGULATIONS OF ANY APPLICABLE GOVERNMENTAL AUTHORITY, INCLUDING, WITHOUT LIMITATION, CERCLA (DEFINED BELOW) OR ANY OTHER ENVIRONMENTAL LAWS (DEFINED BELOW); AND (B) TOWN IS RELYING SOLELY UPON ITS OWN INSPECTION OF THE GRANTOR PROPERTY PARCEL 11 AND NOT UPON ANY INFORMATION PROVIDED BY OR ON BEHALF OF, OR TO BE PROVIDED BY OR ON BEHALF OF, GRANTOR BATTLE NORTH (OR THE APPLICABLE SUCCESSOR OWNER(S)) OR UPON ANY REPRESENTATIONS MADE TO IT BY GRANTORBATTLE NORTH, SUCCESSOR OWNER, OR ANY AGENT, EMPLOYEE, OFFICER, DIRECTOR, CONTRACTOR OR REPRESENTATIVE OF GRANTOR BATTLE NORTH OR A SUCCESSOR OWNER. ANY INFORMATION PROVIDED OR TO BE PROVIDED BY GRANTOR BATTLE NORTH (OR ANY SUCCESSOR OWNER(S)) WITH RESPECT TO THE GRANTOR PROPERTY PARCEL 11 WAS OR MAY BE OBTAINED FROM A VARIETY OF SOURCES AND GRANTOR BATTLE NORTH (OR ANY SUCCESSOR OWNER(S)) HAS NOT MADE ANY INDEPENDENT INVESTIGATION OR VERIFICATION OF SUCH THIRD-PARTY INFORMATION AND MAKES NO REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF SUCH THIRD-PARTY INFORMATION.

No Implied Representations. The Town acknowledges thatPURCHASER ACKNOWLEDGES THAT, except as provided in the Representations and Warranties set forth in Exhibit A: (A) EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT AND IN THE DOCUMENTS AND INSTRUMENTS DELIVERED BY SELLERS TO PURCHASER AT CLOSING, NEITHER GRANTOR SELLERS NOR ANY SUCCESSOR OWNER AGENT OR AGENT, EMPLOYEE, OFFICER, DIRECTOR, CONTRACTOR REPRESENTATIVE OR PURPORTED AGENT OR REPRESENTATIVE OF GRANTOR SELLERS HAS MADE, AND SELLERS ARE NOT LIABLE FOR OR BOUND IN ANY MANNER BY, ANY EXPRESS OR IMPLIED WARRANTIES, GUARANTEES, PROMISES, STATEMENTS, INDUCEMENTS, REPRESENTATIONS OR INFORMATION (INCLUDING ANY INFORMATION SET FORTH IN OFFERING MATERIALS HERETOFORE FURNISHED TO PURCHASER) PERTAINING TO THE PROJECT OR ANY SUCCESSOR OWNER) HAS PART THEREOF, THE PHYSICAL CONDITION THEREOF, ENVIRONMENTAL MATTERS, INCOME, EXPENSES OR OPERATION THEREOF OR OF THE PERSONAL PROPERTY, THE USES WHICH CAN BE LAWFULLY MADE (OF THE SAME UNDER APPLICABLE ZONING OR HAS AN OBLIGATION TO TOWN TO MAKE), AND GRANTOR SPECIFICALLY DISCLAIMS, OTHER LAWS OR ANY REPRESENTATION, GUARANTEE OTHER MATTER OR WARRANTY OF ANY KIND OR NATURE WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITEN, PAST, PRESENT OR FUTURE, OF, AS TO, CONCERNING OR THING WITH RESPECT TO THE GRANTOR PROPERTYTHERETO, INCLUDING, WITHOUT LIMITATION, ANY EXISTING OR PROSPECTIVE LEASES, OPERATING AGREEMENTS OR OTHER AGREEMENTS. WITHOUT LIMITING THE FOREGOING, PURCHASER ACKNOWLEDGES AND AGREES THAT, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT AND IN THE DOCUMENTS AND INSTRUMENTS DELIVERED BY SELLERS AT THE CLOSING, SELLERS ARE NOT LIABLE FOR OR BOUND BY (1AND PURCHASER HAS NOT RELIED UPON) THE NATUREANY VERBAL OR WRITTEN STATEMENTS, QUANTITYREPRESENTATIONS, QUALITY OR CONDITION OF THE GRANTOR PROPERTY; (2) THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE GRANTOR PROPERTY; OR (3) COMPLIANCE OF OR BY THE GRANTOR PROPERTY WITH ANY LAWS, RULES, ORDINANCES OR REGULATIONS OF ANY APPLICABLE GOVERNMENTAL AUTHORITY, INCLUDING, WITHOUT LIMITATION, CERCLA (DEFINED BELOW) OFFERING MATERIALS OR ANY OTHER ENVIRONMENTAL LAWS (DEFINED BELOW); AND (B) TOWN IS RELYING SOLELY UPON ITS OWN INSPECTION OF INFORMATION RESPECTING THE GRANTOR PROPERTY AND NOT UPON ANY INFORMATION PROVIDED PROJECT FURNISHED BY OR ON BEHALF OF, OR TO BE PROVIDED BY OR ON BEHALF OF, GRANTOR (OR THE APPLICABLE SUCCESSOR OWNER(S)) OR UPON ANY REPRESENTATIONS MADE TO IT BY GRANTOR, SUCCESSOR OWNER, SELLERS OR ANY AGENTBROKER, EMPLOYEE, OFFICERAGENT, DIRECTORCONSULTANT OR OTHER PERSON REPRESENTING OR PURPORTEDLY REPRESENTING SELLERS. NOTHING CONTAINED IN THIS SECTION 10.03 SHALL BE DEEMED TO IMPAIR, CONTRACTOR LIMIT OR REPRESENTATIVE OTHERWISE AFFECT PURCHASER'S RIGHTS UNDER THIS AGREEMENT OR THE DOCUMENTS DELIVERED PURSUANT HERETO, IN RESPECT OF GRANTOR OR A SUCCESSOR OWNER. ANY INFORMATION PROVIDED OR TO BE PROVIDED BY GRANTOR (OR ANY SUCCESSOR OWNER(S)) WITH RESPECT TO THE GRANTOR PROPERTY WAS OR MAY BE OBTAINED FROM A VARIETY REPRESENTATIONS, WARRANTIES AND COVENANTS OF SOURCES SELLERS SET FORTH IN THIS AGREEMENT AND GRANTOR (OR ANY SUCCESSOR OWNER(S)) HAS NOT MADE ANY INDEPENDENT INVESTIGATION OR VERIFICATION OF SUCH THIRD-PARTY INFORMATION AND MAKES NO REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF SUCH THIRD-PARTY INFORMATIONOTHER PROVISIONS HEREOF BINDING UPON SELLERS.