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<br />"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE <br />CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO <br />EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE <br />RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE <br />MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE <br />DEBTOR OR RELEASED PARTY." <br />_____________________ <br />Buyer's Initials <br />14. State's Representations and Warranties. In consideration of Buyer entering into <br />this Agreement, State makes the representations and warranties set forth in this Section 14. For <br />the purpose of this Agreement, without creating any personal liability on behalf of such <br />individual, usage of "to State's actual knowledge," or words to such effect, shall mean the <br />present, actual knowledge of Terry Todd, Department of General Services, Real Estate Services <br />Division, Asset Management Branch, excluding constructive knowledge or duty of inquiry, <br />existing as of the Effective Date. In the event that Buyer, prior to Close of Escrow, becomes <br />aware, from State or otherwise, of any inaccuracy or omission in the disclosures, information, or <br />representations previously provided to Buyer by State or its consultants or agents, which will <br />have a material, adverse impact on Buyer, the Property or the intended use of the Property, <br />Buyer, as its sole option and remedy, may either (i) terminate this transaction and receive a <br />refund of its Deposit made by Buyer, thereby waiving any claims or actions that Buyer may have <br />against State as a result of such inaccuracy or omission, or (ii) proceed with the Close of Escrow <br />hereunder, thereby waiving any rights that Buyer may have against State as a result of such <br />inaccuracy or omission. Buyer agrees that, under no circumstances, shall Buyer be entitled to <br />purchase the Property hereunder and then bring any claim or action against State for damages as <br />a result of such inaccuracy or omission, except if such inaccuracy or omission is based on fraud <br />or intentional misrepresentation by State. The representations and warranties of State set forth in <br />this Section 14 shall survive the Close of Escrow for a period of six (6) months. <br />(a.) State's Authority. State is the sole owner of fee title to the Property and <br />has the legal power, right and authority to enter into this Agreement and the instruments <br />referenced herein, and to consummate the transactions contemplated hereby in the execution, <br />delivery and performance of this Agreement. Furthermore, the execution and delivery of this <br />Agreement has been duly authorized and no other action by State is required in order to make it a <br />valid and binding contractual obligation of State. <br />(b.) No Prior Transfers. Except as disclosed in the Documents and Materials, <br />Title Documents and this Agreement, State has not previously sold, transferred or conveyed the <br />Property, or granted to any other person or entity any right or interest in all or any part of the <br />Property and State has not entered into any executory contracts for the sale of all or any part of <br />the Property (other than this Agreement), nor do there exist any rights of first refusal or options <br />to purchase the Property, other than this Agreement. <br />(c.) Legal Actions. There is no pending lawsuit or, to the actual knowledge of <br />State, threatened suit, action, arbitration, legal, administrative or other proceeding or <br />governmental investigation, which affects the Property. <br />EXHIBIT 2