independent of any obligations binding upon City or Developer pursuant to applicable laws
and ordinances. In no event will any approvals given by City pursuant to the terms of this
Agreement constitute the performance by City of any review or issuance of any permits,
approvals or licenses that it is obligated to conduct or consider pursuant to any law, or
ordinance or both. Nothing in this Agreement or any approvals or consents by City in
connection with this Agreement will in any way stop, limit or impair City from exercising
or performing any regulatory, policing or other governmental function with respect to
either Party, including, but not limited to, the review, approval and issuance by City of
applications, approvals, permits and licenses regarding the Project pursuant to any laws
and ordinances. City will, to the extent reasonably appropriate and permitted by applicable
laws and ordinances, facilitate Developer's submissions, requests and applications pursuant
to the applicable laws and ordinances governing the Project; provided Developer's
submissions, requests and applications are complete, include all necessary fees and are
otherwise compliant with applicable laws and ordinances.
2.3 Property Documents. The City represents to Developer that City has
delivered all the following documents and information regarding the Property to Developer
in the City's possession (collectively, the “Property Documents”):
a) All boundary or other physical surveys;
b) All title insurance policies with copies of exceptions;
Cc) All environmental site assessments; and
d) All other reports, appraisals, inspections and documents regarding the
condition or value of the Property.
City makes no representation or warranty regarding the currency or accuracy of any of the
Property Documents. Developer acknowledges that its receipt of the Property Documents
does not in any way relieve Developer from conducting its own required surveying; title
examination; architectural, engineering, environmental, topographical, geological, soil,
developmental, inspections and other due diligence reasonably sufficient to determine the
condition of the Property (collectively, the “Inspections”’).
2.4 Due Diligence Regarding Property.
a) For a time period not to exceed one hundred and twenty (120) days after the
Effective Date (the “Diligence Period’’), Developer is permitted to conduct, at Developer's
sole expense and risk, tests and surveys reasonably sufficient to determine the condition of
the Property, including title examination, market, geological and structural analyses and a
non-intrusive environmental audit. Developer shall restore the Property, to the extent
practicable, as to any damage caused by the negligence of Developer, its employees,
agents, contractors, or subcontractors in making the Inspections, to the condition existing
prior to such damage. Developer acknowledges that Developer has reviewed all the
Property Documents and the condition of the Property, as set forth in the Property
