03 - JOINT PH - DDA Bowers 1902-1914 N Main

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Section 21 1. "As ]s" Condition DEVELOPER ACKNOVI~LEDGES AND AGREES THAT EXCEPT FOR THE EXPRESS REPRESENTATIONS, WARRANTIES AND COVENANTS OF AGENCY SET FORTH IN THIS AGREEMENT, AGENCY HAS NOT MADE, DOES NOT MAKE, AND SPECIFICALLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS, AGREEMENTS, OR GUARANTIES OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, PAST, PRESENT, OR FUTURE, OF, AS TO, CONCERNING OR WITH RESPECT TO THE PROPERTY, INCLUDING, BUT NOT LIMITED TO: (A) THE NATURE, QUALITY, OR CONDITION OF THE PROPERTY; (B) THE INCOME TO BE DERIVED FROM THE PROPERTY; (C) THE SUITABILITY OF THE PROPERTY FOR ANY AND ALL ACTIVITIES AND USES WHICH DEVELOPER MAY CONDUCT THEREON; (D) THE COMPLIANCE OF OR BY THE PROPERTY OR ITS OPERATION WITH ANY LAWS, RULES, ORDINANCES OR REGULATIONS OF ANY APPLICABLE GOVERNMENTAL AUTHORITY OR BODY, INCLUDING, BUT NOT LIMITED TO, ANY STATE OR FEDERAL ENVIRONMENTAL LAW, RULE OR REGULATION; (E) THE HABITABII.(TY, MERCHANTABILITY, OR FITNESS OF THE PROPERTY FOR A PARTICULAR PURPOSE; OR (F) ANl' OTHER MATTER WITH RESPECT TO THE PROPERTY. NOTWITHSTANDING ,ANYTHING HEREIN TO THE CONTRARY, AGENCY IS CONVEYING THE PROPERTY TO DEVELOPER "AS 1S. WHERE 1S", AND WITH ALL FAULTS AND SPECIFICALLY AND EXPRESSLY WITHOt1T ANY WARRANTIES. REPRESENTATIONS, OR GUARANTEES, EITHER EXPRESS OR IMPLIED. OF ANY KIND, NATURE, OR TYPE WHATSOEVER FROM OR ON BEHALF OF THE SELLER, EXCEPT FOR THE REPRESENTATIONS, WARRANTIES AND COVENANTS OF SELLER SET FORTH IN THIS AGREEMENT. Developer's Initials ARTICLE II[ - DEVELOPMENT OF THE PROPERTY Section 30l . Scope of Development A. Developer agrees the Property shall be developed in accordance with and within the limitations specified in Scope of Development, Attachment No. 4, attached hereto and incorporated herein by this reference, and plans approved by Agency pursuant to Sections 304 through 307 hereinbelow. 10 3-16