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<br />Control Board, the State Water Resources Control Board, the Environmental Protection Agency, <br />and all applicable federal, state, and local agencies and bureaus. Seller represents to Buyer that <br />Seller has provided Buyer with copies of any and all audits or reports performed on its behalf or <br />which are in its possession relating to whether hazardous materials are present on or under said <br />real property. <br /> <br />14. No Further Warranties As To Said Real Property. Except as otherwise provided herein, <br />the physical condition and title said real is and shall be delivered from Seller to Buyer in an "as <br />is" condition, with no warranty expressed or implied by Seller, including without limitation, the <br />presence of Hazardous Materials or the condition of the soil, its geology, the presence of known <br />or unknown seismic faults, or the suitability of the Property for the development purposes <br />intended hereunder. <br /> <br />15. Modification and Amendment. This Agreement may not be modified or amended except <br />in writing signed by the Seller and Buyer. <br /> <br />16. Partial Invalidity. Any provision of this Agreement that is unenforceable or invalid or the <br />conclusion of which would adversely affect the validity, legality, or enforcement of this <br />Agreement shall have no effect, but all the remaining provisions of this Agreement shall remain <br />in full force. <br /> <br />17. Captions. Captions and headings in this Agreement, including the title of this Agreement, <br />are for convenience only and are not to be considered in construing this Agreement. <br /> <br />18. Governing Law. This Agreement shall be governed by and construed in accordance with <br />the laws of the State of California. <br /> <br />19. No Reliance By One Party On The Other. Each party has received independent legal advice <br />from its attorneys with respect to the divisibility of executing this Agreement and the meaning of <br />the provisions hereof. The provisions of this Agreement shall be construed as to their fair meaning, <br />and not for or against any party based upon any attribution to such party as the source of the <br />language in question. <br /> <br />20. No Third Party Beneficiary. This Agreement is intended to benefit only the parties hereto <br />and no other person or entity has or shall acquire any rights hereunder. <br /> <br />21. Duty To Cooperate Further. Each party hereby agrees that it shall, upon request of the <br />other, execute and deliver such further documents (in form and substance reasonably acceptable to <br />the party to be charged) and do such other acts and things as are reasonably necessary and <br />appropriate to effectuate the terms and conditions of this Agreement, without cost. <br /> <br />22. Applicability of Agreement To Assignees. This Agreement shall be binding upon and shall <br />inure to the benefit ofthe successors and assigns ofthe parties to this Agreement. <br /> <br />5 <br />