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<br />d. Copies of any conditional use permit, variance, and any other permits or
<br />authorizations issued by any governmental body having jurisdiction in connection with any
<br />state of facts or activity presently existing or being carried on with respect to the Real
<br />Property.
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<br />7. Inspection. Purchaser, its agents, employees, contractors, and designees, are hereby
<br />granted the right, at all reasonable times acceptable to Seller and Purchaser, to enter upon and
<br />survey, inspect, analyze, and test the Real Property for all reasonable purposes, including, without
<br />limitation, the presence of hazardous substances. Purchaser shall be permitted to conduct soil
<br />borings on the Real Property and all other customary testing on the Real Property. Purchaser shall
<br />pay for the cost of all surveys, investigations, analyses, and tests which are ordered by Purchaser.
<br />Purchaser shall be responsible, at Purchaser’s sole expense, to repair any damage resulting from
<br />Purchaser’s performance of such tests or inspections. Purchaser hereby agrees to indemnify,
<br />defend, and hold Seller harmless from any claims, damage, costs, and liability, including, without
<br />limitation, reasonable attorneys’ fees, resulting from the entering upon the Real Property or the
<br />performing of any of the analyses, tests or inspections referred to in this Paragraph. Nothing
<br />contained herein shall be deemed to require Purchaser to hold Seller harmless from any liability
<br />for discovered conditions. Purchaser’s indemnity obligations under this Paragraph shall survive
<br />the closing or termination of this Agreement.
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<br />8. “AS IS, WHERE IS.” Purchaser acknowledges that it has inspected or will have
<br />had the opportunity to inspect the Real Property and agrees to accept the Real Property “AS IS”
<br />with no right of set off or reduction in the Purchase Price. Such sale shall be without representation
<br />of warranties, express or implied, either oral or written, made by the Seller or any official, employee
<br />or agent of the Seller with respect to the physical condition of the Real Property, including but not
<br />limited to, the existence or absence of petroleum, hazardous substances, pollutants or contaminants
<br />in, on, or under, or affecting the Real Property or with respect to the compliance of the Real
<br />Property or its operation with any laws, ordinances, or regulations of any government or other
<br />body, except as stated above. Purchaser acknowledges and agrees that Seller has not made and
<br />does not make any representations, warranties, or covenants of any kind or character whatsoever,
<br />whether expressed or implied, with respect to warranty of income potential, operating expenses,
<br />uses, habitability, tenant ability, or suitability for any purpose, merchantability, or fitness of the
<br />Real Property for a particular purpose, all of which warranties Seller hereby expressly disclaims,
<br />except as stated above. Purchaser is relying entirely upon information and knowledge obtained
<br />from the Purchaser’s own investigation, experience and knowledge obtained from the Purchaser’s
<br />own investigation, experience, or personal inspection of the Real Property. Purchaser expressly
<br />assumes, at closing, all environmental and other liabilities with respect to the Real Property and
<br />releases and indemnifies Seller from same, whether such liability is imposed by statute or derived
<br />from common law including, but not limited to, liabilities arising under the Comprehensive
<br />Environmental Response, Compensation and Liability Act (“CERCLA”), the Hazardous and Solid
<br />Waste Amendments Act, the Resource Conservation and Recovery Act (“RCRA”), the federal
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