limiting the generality of the foregoing, Purchaser acknowledges that, except as otherwise
expressly stated herein, Seller has made no representations, warranties or covenants as to the
compliance of the Property with any federal, state, municipal or local statutes, laws, rules,
regulations or ordinances, including, without limitation, those pertaining to land use, zoning, lead
paint, urea formaldehyde, asbestos, environmental conditions, hazardous or toxic wastes or
substances, pollutants, contaminants, other environmental matters or any other matter, Purchaser
further agrees, acknowledges and represents that Purchaser is entering into this Agreement and
shall perform all of its obligations hereunder and consummate the transaction contemplated by
this Agreement solely in reliance on and as a result of Purchaser’s own investigations and efforts
(including Purchaser’s inspection of the Property and such other investigations, examinations
and inspections as Purchaser has chosen to make or has made) and the representations of Seller
herein and at Purchaser’s sole risk, cost and expense, including, without limitation, the risk that
Purchaser’s inspection of the Property and such other investigations, examinations and
inspections may not reveal any or all adverse or existing conditions, aspects or attributes of the
Property. Purchaser acknowledges that Seller has afforded Purchaser the opportunity for full and
complete investigation, examination and inspection of the Property pursuant to this Agreement.
Purchaser acknowledges that this paragraph was a negotiated part of this Agreement and serves
as an essential component of consideration for the same. It is acknowledged that Seller will
deliver to Purchaser various information and documentation relating to the Property, including
Seller’s Property Documentation (as such term is defined below), without representations and
warranties of any kind, except as set forth herein. The provisions of this Section 9 shall survive
the Closing and the delivery of the Deed or any expiration or termination of this Agreement.
(a) Notwithstanding the forgoing, Seller makes the following express representations
and warranties to Purchaser, and agrees with Purchaser that all such representations and
warranties shall be true and accurate on the date of this Agreement and on the Closing Date:
(i) Seller has the legal right, power and authority to enter into this Agreement
and to perform all of its obligations hereunder.
(il) The execution and delivery of this Agreement and the performance by
Seller of its obligations hereunder will not conflict with, or result in a
breach of, any of the terms, covenants and provisions of any agreement or
instrument to which Seller is a party or by which Seller is bound.
(iii) Seller has not received any notices of any violations of federal or state law
or municipal ordinances, orders or requirements issued by any
governmental department having authority as to use and operations, lands,
health or environmental conditions affecting the Property.
(iv) There are no actions, suits or proceedings pending or, to the best of
Seller’s knowledge, threatened against or affecting Seller or the Property,
at law or in equity or before any federal, state, municipal or governmental
department, commission, board, bureau, agency or instrumentality
(including but not limited to zoning changes, and proceedings related to
