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9.2. Utilities. The EDA has received no notice of actual or threatened curtailment of
<br />any utility service now supplied to the Property.
<br />9.3. Rights of Others to Purchase the Property. The EDA has not entered into any other
<br />contracts for the sale of the Property, nor are there any rights of first refusal or
<br />options to purchase the Property or any other rights of others that might prevent the
<br />sale of the Property contemplated by this Agreement.
<br />9.4. Use of the Property. To the best of the EDA's knowledge without investigation, the
<br />Property is usable for its current uses without violating any federal, state, local or
<br />other governmental building, zoning, health, safety, platting, subdivision or other
<br />law, ordinance or regulation, or any applicable private restriction.
<br />9.5. Proceedings. There is no action, litigation, investigation, condemnation or
<br />proceeding of any kind pending or, to the best of the EDA's knowledge without
<br />investigation, threatened against the EDA with respect to the Property or any
<br />portion of the Property.
<br />9.6. Wells. No wells exist on the Property.
<br />9.7. Sewage Treatment Systems. No sewage treatment system exists on the Property.
<br />9.8. Title. The EDA owns fee title to the Property.
<br />The EDA's representations shall be true, accurate and complete as of the date of this Agreement,
<br />in all material respects and, as modified by any notices given by the EDA to the Buyer, on the
<br />Closing Date in all material respects. If any time prior to Closing, the Buyer shall determine that
<br />any representation herein made by the EDA was not true in all material respects when made, the
<br />Buyer's sole remedy shall be to terminate this Agreement by giving notice to the EDA and seeking
<br />any applicable remedies for breach from the EDA. The earnest money paid by the Buyer shall be
<br />returned to the Buyer.
<br />Notwithstanding the above paragraph, all representations and warranties shall terminate on the
<br />Closing Date. Any claim by the Buyer not made by written notice delivered to the EDA before
<br />the date the representation or warranty terminates shall be deemed waived.
<br />10. "AS IS, WHERE IS." The Buyer acknowledges that the Buyer has inspected or has had the
<br />opportunity to inspect the Property and agrees to accept the Property "AS IS" with no right of set off
<br />or reduction in the Purchase Price. Such sale shall be without representation of warranties, express
<br />or implied, either oral or written, made by the EDA or any official, employee or agent of the EDA
<br />with respect to the physical condition of the Property, including but not limited to, the existence or
<br />absence of petroleum, hazardous substances, pollutants or contaminants in, on, or under, or affecting
<br />the Property or with respect to the compliance of the Property or its operation with any laws,
<br />ordinances, or regulations of any government or other body, except as stated above. The Buyer
<br />acknowledges and agrees that the EDA has not made and does not make any representations,
<br />warranties, or covenants of any kind or character whatsoever, whether expressed or implied, with
<br />respect to warranty of income potential, operating expenses, uses, habitability, tenant ability, or
<br />suitability for any purpose, merchantability, or fitness of the Property for a particular purpose, all of
<br />45753M SJS EL185-33
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