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DocuSign Envelope ID:D7761FC7-83D0-409C-910D-CEF509o0F346
<br /> WARRANTIES SET FORTH IN SECTION 13 AND FOR THE SPECIAL WARRANTY OF
<br /> TITLE IN THE DEED, PURCHASER IS NOT RELYING ON (AND SELLER AND THE
<br /> SELLER RELATED PARTIES DO HEREBY DISCLAIM AND RENOUNCE) ANY
<br /> REPRESENTATIONS OR WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS,
<br /> IMPLIED, STATUTORY OR OTHERWISE, FROM SELLER OR ANY SELLER RELATED
<br /> PARTIES, AS TO: (1) THE OPERATION OF THE PROPERTY OR THE INCOME
<br /> POTENTIAL,USES,OR MERCHANTABILITY OF THE PROPERTY FOR A PARTICULAR
<br /> PURPOSE;(2)THE PHYSICAL CONDITION OF THE PROPERTY OR THE CONDITION OR
<br /> SAFETY OF THE PROPERTY,OR SUITABILITY OF THE PROPERTY FORA PARTICULAR
<br /> PURPOSE; (3) THE PRESENCE OR ABSENCE, LOCATION OR SCOPE OF ANY
<br /> HAZARDOUS MATERIALS IN,AT,UNDER OR AROUND THE PROPERTY;(4)WHETHER
<br /> THE IMPROVEMENTS ARE STRUCTURALLY SOUND, IN GOOD CONDITION, OR IN
<br /> COMPLIANCE WITH APPLICABLE LAWS;OR(5)THE ZONING OR PERMITTED USES OF
<br /> THE PROPERTY.
<br /> PURCHASER,FOR PURCHASER AND PURCHASER'S SUCCESSORS AND
<br /> ASSIGNS, HEREBY RELEASES SELLER AND THE SELLER RELATED PARTIES FROM,
<br /> AND WAIVES ALL CLAIMS AND LIABILITY AGAINST, SELLER AND THE SELLER
<br /> RELATED PARTIES FOR OR ATTRIBUTABLE TO THE FOLLOWING:
<br /> (a) ANY AND ALL STATEMENTS OR OPINIONS MADE PRIOR TO,AT
<br /> OR AFTER THE EFFECTIVE DATE,OR INFORMATION FURNISHED BY SELLER OR THE
<br /> SELLER RELATED PARTIES TO PURCHASER OR ITS EMPLOYEES, AGENTS,
<br /> CONTRACTORS OR REPRESENTATIVES(EXCEPT FOR THE REPRESENTATIONS AND
<br /> WARRANTIES UNDER SECTION 13 AND FOR THE SPECIAL WARRANTY OF TITLE IN
<br /> THE DEED);
<br /> (b) ANY STRUCTURAL,PHYSICAL OR ENVIRONMENTAL CONDITION
<br /> AT THE PROPERTY, INCLUDING CLAIMS OR LIABILITIES RELATING TO THE
<br /> AMERICANS WITH DISABILITIES ACT OR TO THE PRESENCE, DISCOVERY OR
<br /> REMOVAL OF ANY HAZARDOUS MATERIALS IN, AT, ABOUT OR UNDER THE
<br /> PROPERTY,OR FOR,CONNECTED WITH OR ARISING OUT OF ANY AND ALL CLAIMS
<br /> OR CAUSES OF ACTION BASED UPON ENVIRONMENTAL LAWS;AND
<br /> i3 (c) ANY IMPLIED OR STATUTORY WARRANTIES OR GUARANTIES OF
<br /> FITNESS,MERCHANTABILITY,OR ANY OTHER IMPLIED OR STATUTORY WARRANTY
<br /> OR GUARANTY OF ANY KIND RELATED TO THE PROPERTY.
<br /> THIS SECTION 17 SHALL SURVIVE CLOSING AND TERMINATION OF THIS
<br /> CONTRACT. PURCHASER ACKNOWLEDGES THAT PURCHASER HAS BEEN
<br /> REPRESENTED BY INDEPENDENT LEGAL COUNSEL OF PURCHASER'S SELECTION
<br /> AND PURCHASER IS GRANTING THIS RELEASE OF ITS OWN VOLITION AND AFTER
<br /> CONSULTATION WITH PURCHASER'S COUNSEL.
<br /> Where used in this Section 17, "Seller Related Parties" means Seller's officers,
<br /> agents, managers, members, directors, contractors, representatives and employees, and Seller's
<br /> affiliated companies, and the officers, agents, managers, members, directors, contractors,
<br /> representatives and employees of those affiliated companies.
<br /> 18. Section 1031 Exchange. Seller and Purchaser acknowledge that the other
<br /> party may now or hereafter desire to enter into a nontaxable exchange involving the Property under
<br /> Section 1031 of the Internal Revenue Code and the Treasury Regulations promulgated thereunder.
<br /> Seller and Purchaser shall reasonably cooperate with each other to effect such exchange,provided
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<br /> PPAB 6064213v5,doc
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