CONDITION OF THE PROPERTY; SELLER REPRESENTATIONS AND WARRANTIES. (a) "AS IS" SALE. The parties expressly agree that, except as otherwise expressly set forth herein, the Property is sold on an "AS-IS" basis. Neither Retail nor Retail II makes any warranties or representations, either expressed or implied, as to the state of the Property, the area, condition, quality, quantity, character, size or description or suitability or fitness for any use, whether existing or contemplated, matters of zoning or survey, or in any other respect, and makes no agreement as to the condition of title except as expressly provided herein. The Purchaser waives all rights conferred by statute or other law to make any claim against the Seller before or after the Closing with respect to any matter arising out of or in connection with any of the foregoing.
