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01/11/18
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01/11/18
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plan for such testing to Seller and Seller approves the work plan, in writing. <br />Seller may not unreasonably withhold, condition or delay Seller's approval of a <br />work plan. <br />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 />f. 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 />9. INSPECTION PERIOD. <br />a. Except as otherwise provided in Section 6, Buyer shall have from the date that <br />Buyer deposits the Earnest Money with Escrow Agent to April 01, 2018 (the <br />Page 4 of 16 <br />
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