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e. If the Parties dispute the validity of an attempted termination of this
<br />Agreement, either Party may initiate a civil action in a court of competent jurisdiction to
<br />determine the status of this Agreement, and the Party that prevails in any such action is
<br />entitled to recover the costs and reasonable attorneys' fees which such Party incurs in the
<br />action from the non -prevailing Party.
<br />18. COVENANTS.
<br />a. Covenants of SELLER.
<br />(i) On or before the actual date of Closing, SELLER must satisfy, of
<br />record, or have the Property released, of record, from any voluntary or
<br />involuntary liens encumbering the Property.
<br />(ii) On or before the actual date of Closing, SELLER must pay for all
<br />labor or materials furnished to the Property at the request of SELLER or on
<br />SELLER's behalf between the Effective Date and the actual date of Closing.
<br />(iii) Between the Effective Date and the actual date of Closing,
<br />SELLER will fully perform each of SELLER's obligations under and will observe
<br />any restriction imposed by any easement agreement, covenant, condition or
<br />restriction affecting or relating to the Property.
<br />(iv) Between the Effective Date and the actual date of Closing,
<br />SELLER will not, without BUYER's prior written consent, grant, enter in to or
<br />agree to enter in to any lease, easement, covenant or restriction affecting the
<br />Property.
<br />(v) If BUYER has engaged a real estate agent in connection with this
<br />transaction, BUYER must pay BUYER's Agent any commission or fee due to BUYER's
<br />Agent in connection with this transaction.
<br />19. AS -IS: BUYER acknowledges that except for any obligations or express
<br />warranties and representations contained in this Agreement or any instrument, document or
<br />agreement to be delivered to BUYER at Closing, BUYER is not relying on any written, oral,
<br />implied or other representations, statement or warranties by SELLER or any agent of SELLER
<br />or any real estate broker or salesman. All previous written, oral, implied or other statements,
<br />representations, warranties or agreements, if any, are merged herein. Except as expressly set
<br />forth herein, SELLER will have no liability to BUYER, and BUYER hereby releases SELLER
<br />from any liability (including, but not limited to, contractual and/or statutory actions for
<br />contribution or indemnity), for, concerning or regarding (i) the nature and condition of the
<br />Property, including, but not limited to, the suitability thereof for any activity or use; (ii) any
<br />improvements or substances located thereon; or (iii) the compliance of the Property with any
<br />laws, rules, ordinances or regulations of any government or other body. Except as otherwise
<br />provided herein, BUYER ACKNOWLEDGES THAT SELLER HAS MADE NO, AND
<br />EXPRESSLY DISCLAIMS ALL, REPRESENTATIONS, WARRANTIES, COVENANTS
<br />AND AGREEMENTS, WHETHER IMPLIED OR BY OPERATION OF LAW, WITH
<br />RESPECT TO ANY MATTER AFFECTING THE PROPERTY, INCLUDING BUT NOT
<br />LIMITED TO: (I) THE CONDITION, SUITABILITY, HABITABILITY,
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