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<br />permissible uses, zoning, covenants, conditions and restrictions and all other matters which, in
<br />Buyer's judgment, bear upon the value and suitability of the Property for Buyer's purposes.
<br />Except to the extent contained herein, Seller hereby specifically disclaims any warranty, guaranty
<br />or representation, oral or written, past, present or future of, as to or concerning (a) the nature and
<br />condition of the Property, including the water, soil, geology, environmental conditions (including
<br />the presence or absence of any Hazardous Substances (as hereinafter defined)), and the suitability
<br />thereof for any and all activities and uses which Buyer may elect to conduct thereon, (b) the
<br />nature and extent of any right of-way, lease, possession, lien, encumbrance, license, reservation,
<br />condition or otherwise; (c) the truth, accuracy or completeness of any materials, data or other
<br />information supplied to Buyer in connection with Buyer's inspection of the Property; or (d) the
<br />compliance of the Property or its operation with any laws, ordinances or regulations of any
<br />government or other body. The sale of the Property as provided for herein is made on an "AS IS"
<br />basis, and Buyer expressly acknowledges that in consideration of the agreements of Seller herein,
<br />except as otherwise expressly specified in this Agreement, SELLER MAKES NO WARRANTY
<br />OR REPRESENTATION, EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW,
<br />INCLUDING, BUT IN NO WAY LIMITED TO, ANY WARRANTY OF CONDITION,
<br />HABITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF
<br />THE PROPERTY. For purposes of this Agreement, (i) "Hazardous Substances" means
<br />substances defined as (A) "hazardous substances" in the Comprehensive Environmental
<br />Response, Compensation and Liability Act of 1980, as amended (42 U.S.C. Sections 9601 et
<br />seq.) together with the regulations enacted pursuant to such act, and (B) "hazardous wastes" in
<br />the Resource Conservation and Recovery Act of 1976 (42 U.S.C. Sections 6901 et seq.) together
<br />with the regulations enacted pursuant to such act, and (ii) "Hazardous Substances Laws" shall
<br />mean any federal, state or local law, ordinance, regulation or guideline regulating or imposing
<br />liability or standards of conduct concerning any Hazardous Substances.
<br />
<br />16. Broker's Commission. Each party hereto represents and warrants to the other that
<br />it has dealt with no brokers or finders in connection with this transaction, except that (a) Buyer
<br />has retained Ben Paul of NAI BT Commercial to act as its agent in the transactions contemplated
<br />by this Agreelnent ( "Buyer's Broker") and (b) Seller has retained another broker ("Seller's
<br />Broker") in connection with the sale of the Property. Buyer shall pay a broker's commission due
<br />to Buyer's Broker pursuant to a separate agreement between Buyer and Buyer's Broker. Seller
<br />shall pay a commission to Seller's Broker pursuant to a separate agreement between Seller and
<br />Seller's Broker. Seller and Buyer each hereby indemnify, protect and defend and hold the other
<br />harmless from and against all claims, losses, liabilities, expenses, actions liens, causes of action,
<br />and damages, including any reasonable attorney's fees and other costs and expenses incurred in
<br />connection with the foregoing, suffered or incurred by the indemnified party as a result of the
<br />claims of any broker, finder, or other such party, claiming by, through or under the acts or
<br />agreements of the indemnifying party. The obligations of the parties pursuant to this Section 16
<br />shall survive the Closing or any earlier termination of this Agreement.
<br />
<br />Redwood PSA FINAL EXECUTION 4.16.09 v.14
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