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to satisfy itself regarding the environmental condition of the Property. By execution of this
<br /> Agreement, Developer: (i) acknowledges its receipt of the foregoing notice respecting the
<br /> environmental condition of the Property; (ii) acknowledges that it will have an opportunity to
<br /> conduct its own independent review and investigation of the Property prior to the Close of Escrow;
<br /> (iii) agrees to rely solely on its own experts in assessing the environmental condition of the
<br /> Property and its sufficiency for its intended use; and (iv) waives any and all rights Developer may
<br /> have to assert that the City failed to disclose information about the environmental condition of the
<br /> Property. The provisions of this Section shall not affect any Developer right to indemnification
<br /> under Section 6.7 hereof
<br /> 6.2. 1 Environmental Representations. Developer represents and warrants to City that
<br /> except as disclosed in the Environmental Reports, Developer has no knowledge, and has received
<br /> no notice, regarding the presence of Hazardous Materials in, on, or under the Property. City
<br /> represents and warrants to Developer that except as disclosed in the Environmental Reports, City
<br /> has no knowledge, and has received no notice, regarding the presence of Hazardous Materials in,
<br /> on, or under the Property.
<br /> 6.3 Property Sold "AS IS." Developer specifically acknowledges that the City is
<br /> selling and Developer is purchasing the Property on an "AS IS", "WHERE IS" and "WITH ALL
<br /> FAULTS" basis and that except as expressly stated in this Agreement, Developer is not relying on
<br /> any representations or warranties of any kind whatsoever, express or implied, from City, its
<br /> employees, board members, agents, or brokers as to any matters concerning the Property. The City
<br /> makes no representations or warranties as to any matters concerning the Property, including
<br /> without limitation: (i) the quality, nature, adequacy and physical condition of the property,
<br /> including, but not limited to appurtenance, access, landscaping, or parking facilities, (ii) the
<br /> quality, nature, adequacy, and physical condition of soils, geology and any groundwater, (iii) the
<br /> existence, quality, nature, adequacy and physical condition of utilities serving the Property, (iv) the
<br /> development potential of the Property, and the Property' s use, habitability, merchantability, or
<br /> fitness, suitability, value or adequacy of the Property for any particular purpose, (v) the zoning or
<br /> other legal status of the property or any other public or private restrictions on use of the Property,
<br /> (vi) the compliance of the Property or its operation with any Environmental Laws, covenants,
<br /> conditions and restrictions of any governmental or quasi-governmental entity or of any other
<br /> person or entity, (vii) the presence or removal of Hazardous Material, substances or wastes on,
<br /> under or about the Property or the adjoining or neighboring property; (viii) the quality of any labor
<br /> and materials used in any improvements on the Property, or (ix) the condition of title to the
<br /> Property.
<br /> 6.4 Developer to Rely on Own Experts. Developer understands that notwithstanding
<br /> the delivery by City to Developer of any materials, including, without limitation, third party
<br /> reports, Developer will rely entirely on Developer's own experts and consultants and its own
<br /> independent investigation in proceeding with the acquisition of the Property. If, after conducting
<br /> additional environmental analysis, Developer identifies presence of contamination or Hazardous
<br /> Materials that require remediation, Developer may apply to the City for additional funds and the
<br /> City will consider such request in good faith.
<br /> ATY/AGR/2017.218/RWC — BRADFORD — DDA
<br /> REV: 09-18-17 VR
<br /> Page 24 of 94
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