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08/04/16
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08/04/16
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d. Buyer may not commence any environmental testing on the Property until Buyer <br /> submits a work plan for such testing to Seller and Seller approves the work plan, <br /> in writing. Seller may not unreasonably withhold, condition or delay Seller's <br /> approval of a work plan. <br /> e. Buyer must, promptly and without demand from Seller, provide Seller with true <br /> and complete copies of all draft and final reports relating to Buyer's geotechnical <br /> and environmental investigations and testing of the Property including, without <br /> limitation, any reports relating to any Phase I Environmental Site Assessment of <br /> the Property. <br /> £ The cost of any test or additional survey work will be borne solely by Buyer. <br /> 8. PROPERTY SOLD AS IS. Subject to Buyer's right to terminate this Agreement <br /> pursuant to Section 9, Buyer agrees to accept the Property in its current condition, <br /> including, without limitation, its current environmental and geological condition, and in <br /> an"AS-IS" and with"ALL FAULTS" condition. Buyer's payment of the Purchase Price <br /> at Closing constitutes Buyer's acknowledgment and agreement that: <br /> a. Seller has not made any written or oral representations or warranties of any kind <br /> with respect to the Property(including without limitation express or implied <br /> warranties of title, merchantability, or fitness for a particular purpose); <br /> b. Buyer has not relied on any written or oral representation or warranty made by <br /> Seller, its agents or employees with respect to the condition or value of the <br /> Property; <br /> c. Buyer has had an adequate opportunity to inspect the condition of the Property, <br /> including without limitation any environmental testing, and to inspect documents <br /> applicable thereto, and Buyer is relying solely on such inspection and testing; and <br /> d. The condition of the Property is fit for Buyer's intended use. <br /> e. Buyer accepts all risk of Claims (including without limitation all Claims under <br /> any Environmental Law and all Claims arising at common law, in equity or under <br /> a federal, state or local statute, rule or regulation)whether past, present or future, <br /> existing or contingent, known or unknown, arising out of, resulting from or <br /> relating to the condition of the Property, known or unknown, contemplated or <br /> uncontemplated, suspected or unsuspected, including without limitation the <br /> presence of any Hazardous Substance on the Property, whether such Hazardous <br /> Substance is located on or under the Property, or has migrated from or to the <br /> Property. <br />
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