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<br />of existence, use, manufacture, disposal, transportation, spill, release or effect, either by itself or
<br />in combination with other materials on the Property, is either (i) potentially injurious to the
<br />public health, safety or welfare, the environment or the Property, (ii) regulated or monitored by
<br />any governmental authority, or (iii) a basis for liability of Seller to any governmental agency or
<br />third party under any applicable statute or common law theory. Hazardous substance shall
<br />include, without limitation, hydrocarbons, petroleum, gasoline, crude oil or any products, by-
<br />products or fractions thereof.
<br /> d. Buyer acknowledges and agrees that except for the warranties and
<br />representations set forth in paragraphs 16 and 22, the Property is to be purchased, conveyed and
<br />accepted by Buyer in its present condition, "AS-IS, WHERE-IS, WITH ALL FAULTS" and that
<br />no patent or latent defect in the condition of the Property, whether or not known or discovered,
<br />shall give rise to any claim or cause of action by Buyer against Seller. In making this covenant,
<br />Buyer understands and agrees that it relies wholly upon its judgment, belief and knowledge of
<br />the nature, extent, effect and duration of damages and Seller's liability and has not relied upon
<br />any statement of Seller.
<br />Buyer further represents that no promise, inducement or agreement not described in this
<br />agreement has been made to it. This covenant shall survive the Close of Escrow.
<br /> e. All work done in connection with preparing the Property for the uses
<br />intended by Buyer, including any and all fees, studies, reports, approvals, plans, surveys,
<br />permits, and any expenses whatsoever necessary or desirable in connection with Buyer's
<br />acquiring, developing, using and/or operating the Property shall be obtained and paid for by, and
<br />shall be the sole responsibility of, Buyer.
<br /> f. Buyer has investigated and has knowledge of operative or proposed
<br />governmental laws and regulations including land use laws and regulations to which the Property
<br />may be subject and shall acquire the Property upon the basis of its review and determination of
<br />the applicability and effect of such laws and regulations. Buyer has neither received nor relied
<br />upon any representations concerning such laws and regulations from Seller, Seller's employees,
<br />agents or any other person acting on or in behalf of Seller.
<br /> g. Except as expressly stated herein, Seller makes no representation or
<br />warranty as to the truth, accuracy or completeness of any materials, data or information delivered
<br />by Seller or its agents to Buyer in connection with the transaction contemplated hereby. Buyer
<br />acknowledges and agrees that all materials, data and information delivered by Seller to Buyer in
<br />connection with the transaction contemplated hereby are provided to Buyer as a convenience
<br />only and that any reliance on or use of such materials, data or information by Buyer shall be at
<br />the sole risk of Buyer.
<br /> h. Any documents furnished to Buyer by Seller relating to the Property
<br />including, without limitation, studies, reports and other information shall be deemed furnished as
<br />a courtesy to Buyer but without warranty from Seller except as may be specifically set forth in
<br />this Agreement.
<br /> 1. The provisions of this paragraph 18 shall survive the termination of this
<br />Agreement and shall not be merged into the Grant Deed or any other document of conveyance
<br />executed or delivered at Close of Escrow.
<br />19. Notices. All notices and demands shall be given in writing by personal service,
<br />certified mail, postage prepaid and return receipt requested, or by Federal Express, Express Mail
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