Laserfiche WebLink
and (viii) the presence or adequacy of infrastructure or other improvements on, near or concerning <br />the Property. If Buyer disapproves the Property for any reason or for no reason prior to the Closing <br />Date, Buyer may elect to give Seller written notice terminating this Agreement and the parties <br />shall have no further obligations hereunder except those that expressly survive termination of this <br />Agreement. <br />6.7 No Representations or Warranties. Buyer shall rely solely and exclusively <br />upon the results of its Investigations of the Property, including, without limitation, investigations <br />regarding geotechnical soil conditions, compliance with all laws applicable to the development or <br />use of the Property by the Buyer and any other matters relevant to the condition or suitability of <br />the Property for the development or operation of the Project, as the Buyer may deem necessary or <br />appropriate. The Seller makes no representation or warranty, express or implied, to the Buyer <br />relating to the condition of the Property or suitability of the Property for any intended use or <br />development by the Buyer. <br />6.8 Acceptance of Property -!AS -IS." Buyer shall accept all conditions of the <br />Property, without any liability of the Seller whatsoever, upon the Buyer's unconditional and <br />irrevocable acceptance of the condition of the Property in the Property's AS IS, WHERE IS, <br />SUBJECT TO ALL FAULTS CONDITION, WITHOUT WARRANTY AS TO QUALITY, <br />CHARACTER, PERFORMANCE OR CONDITION and with full knowledge of the physical <br />condition of the Property, the nature of the Seller's interest in and use of the Property, all laws <br />applicable to the Property and of any and all conditions, restrictions, encumbrances and all matters <br />of record relating to the Property, and that the Property is being acquired by Buyer as a result of <br />its own knowledge, inspection and investigation of the Property and not as a result of any <br />representation(s) made by the Seller or any employee, official, consultant or agent of the Seller <br />relating to the condition of the Property, unless such statement or representation is expressly and <br />specifically set forth in this Agreement. Seller hereby expressly and specifically disclaims any <br />express or implied warranties regarding the Property. <br />7. Warranties. <br />7.1 Seller's Warranties. In consideration of Buyer entering into this Agreement <br />and as an inducement to Buyer to purchase the Property from Seller, Seller makes the following <br />representations and warranties which shall be true and correct as of the Effective Date and the <br />Close of Escrow and each of which is material and being relied upon by Buyer. For all purposes <br />of this Agreement, including Seller's representations and warranties contained herein, the phrase <br />"to the best of Seller's knowledge" shall mean the current actual knowledge of Seller. If prior to <br />the Close of Escrow Buyer has actual Knowledge that any representation or warranty of Seller is <br />untrue, inaccurate or incomplete in any material respect (and without waiving any of Buyer's rights <br />or remedies hereunder at law or in equity with respect to any material untruth, incompleteness or <br />inaccuracy existing on the Effective Date, that was known of or should have been known of by <br />Seller), Buyer may give Seller written notice of same and Seller shall have seven (7) days from <br />the date of receipt of Buyer's notice (and the Closing Date shall be extended to permit the running <br />of such seven (7) day period) ("Seller Cure Period") to correct any factor circumstance that makes <br />such representation or warranty materially untrue or inaccurate to Buyer's reasonable satisfaction. <br />If Seller fails to make such correction within the Seller Cure Period, then Buyer by written notice <br />to Seller within three (3) days after the expiration of the Seller Cure Period (and the Closing Date <br />-13- <br />