Common use of Disclaimers Clause in Contracts

Disclaimers. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, PURCHASER IS PURCHASING THE PROPERTY "AS IS" AND "WHERE IS," AND WITH ALL FAULTS. COUNTY IS MAKING NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION, OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. COUNTY IS NOT LIABLE OR BOUND BY ANY GUARANTEES, PROMISES, STATEMENTS, REPRESENTATIONS, OR INFORMATION PERTAINING TO THE PROPERTY MADE OR FURNISHED BY ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT COUNTY, EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENT.

Disclaimers. NOTWITHSTANDING ANYTHING ANY AND ALL INFORMATION, MATERIALS, SERVICES, INTELLECTUAL PROPERTY AND OTHER PROPERTY AND RIGHTS GRANTED AND/OR PROVIDED PURSUANT TO THE CONTRARY HEREINTHIS AGREEMENT (INCLUDING ANY STUDENT WORK PRODUCT), PURCHASER IS PURCHASING THE PROPERTY "ARE GRANTED AND/OR PROVIDED ON AN “AS IS" AND "WHERE IS," AND WITH ALL FAULTS” BASIS. COUNTY IS MAKING NO REPRESENTATIONS OR WARRANTIESPARTY MAKES ANY WARRANTIES OF ANY KIND, WHETHER EITHER EXPRESS OR IMPLIED, REGARDING ANY MATERIALS PROVIDED BY OPERATION IT, AND ALL SUCH WARRANTIES, INCLUDING WARRANTIES OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION, OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED. COUNTY IS NOT LIABLE WITHOUT LIMITING THE GENERAL NATURE OF THE PRIOR SENTENCE, NEITHER CARNEGIE MELLON NOR ANY STUDENT MAKE ANY WARRANTY OF ANY KIND RELATING TO EXCLUSIVITY, INFORMATIONAL CONTENT, ERROR-FREE OPERATION, RESULTS TO BE OBTAINED FROM USE, FREEDOM FROM PATENT, TRADEMARK AND COPYRIGHT INFRINGEMENT AND/OR BOUND BY ANY GUARANTEES, PROMISES, STATEMENTS, REPRESENTATIONS, OR INFORMATION PERTAINING FREEDOM FROM THEFT OF TRADE SECRETS WITH RESPECT TO THE STUDENT WORK PRODUCT. COURSE SPONSOR IS PROHIBITED FROM MAKING ANY EXPRESS OR IMPLIED WARRANTY TO ANY THIRD PARTY ON BEHALF OF CARNEGIE MELLON OR ANY STUDENT RELATING TO ANY MATTER, INCLUDING THE APPLICATION OF OR THE RESULTS TO BE OBTAINED FROM THE INFORMATION, MATERIALS, SERVICES, INTELLECTUAL PROPERTY MADE OR FURNISHED BY ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, OR OTHER PERSON REPRESENTING PROPERTY OR PURPORTING RIGHTS GRANTED AND/OR PROVIDED TO REPRESENT COUNTYIT PURSUANT TO THIS AGREEMENT. NEITHER CARNEGIE MELLON NOR ANY STUDENT SHALL BE LIABLE TO COURSE SPONSOR OR ANY THIRD PARTY FOR LOSS OF PROFITS OR FOR INCIDENTAL, EXCEPT AS AND INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES FOR ANY REASON WHATSOEVER ARISING OUT OF OR RELATING TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND INCLUDING ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS BREACH OF THIS PARAGRAPH SHALL SURVIVE AGREEMENT), EVEN IF CARNEGIE MELLON OR THE CLOSING STUDENT HAS BEEN ADVISED OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTPOSSIBILITY OF SUCH DAMAGES OR HAS OR GAINS KNOWLEDGE OF THE EXISTENCE OF SUCH DAMAGES.

Disclaimers. NOTWITHSTANDING ANYTHING TO IT IS UNDERSTOOD AND AGREED THAT THE CONTRARY HEREINSELLER IS NOT MAKING AND HAS NOT AT ANY TIME MADE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR CHARACTER, PURCHASER IS PURCHASING THE PROPERTY "AS IS" AND "WHERE IS," AND WITH ALL FAULTS. COUNTY IS MAKING NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITYPROPERTY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OR REPRESENTATIONS AS TO HABITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ZONING, TAX CONSEQUENCES, LATENT OR PATENT PHYSICAL OR ENVIRONMENTAL CONDITION, UTILITIES, OPERATING HISTORY OR VALUE OF THE PROPERTYPROJECTIONS, THE INCOME OR EXPENSES FROM THE PROPERTYVALUATION, OR GOVERNMENTAL APPROVALS, THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER GOVERNMENTAL LAWS OR REGULATIONS. (INCLUDING, WITHOUT LIMITING LIMITATION, ACCESSIBILITY FOR HANDICAPPED PERSONS), THE FOREGOINGTRUTH, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITYACCURACY, OR FITNESS FOR A PARTICULAR PURPOSECOMPLETENESS OF ANY PROPERTY DOCUMENTS OR ANY OTHER INFORMATION PROVIDED BY OR ON BEHALF OF THE SELLER TO THE PURCHASER, OR ANY OTHER MATTER OR THING REGARDING THE PROPERTY. COUNTY THE PURCHASER ACKNOWLEDGES AND AGREES THAT THE SELLER SHALL SELL AND TRANSFER TO THE PURCHASER, AND THE PURCHASER SHALL ACCEPT, THE PROPERTY “AS IS, WHERE IS, WITH ALL FAULTS” AT THE CLOSING, EXCEPT TO THE EXTENT EXPRESSLY PROVIDED OTHERWISE IN THIS AGREEMENT. THE PURCHASER HAS NOT RELIED AND WILL NOT RELY ON, AND THE SELLER IS NOT LIABLE FOR OR BOUND BY BY, ANY GUARANTEESEXPRESS OR IMPLIED WARRANTIES, PROMISESGUARANTIES, STATEMENTS, REPRESENTATIONS, OR INFORMATION PERTAINING TO THE PROPERTY MADE OR FURNISHED BY ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT COUNTY, EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS RELATING THERETO (INCLUDING, WITHOUT LIMITATION, PROPERTY INFORMATION PACKAGES DISTRIBUTED WITH RESPECT TO THE AMERICANS WITH DISABILITIES ACT AND PROPERTY) MADE OR FURNISHED BY THE SELLER OR ANY CODESREAL ESTATE BROKER, MUNICIPAL ORDINANCES, LAWS, RULESEMPLOYEE, OR REGULATIONS REGARDING RETROFITTING AGENT REPRESENTING OR PLUMBING FIXTURES)PURPORTING TO REPRESENT THE SELLER, TO WHOMEVER MADE OR GIVEN, DIRECTLY OR INDIRECTLY, ORALLY OR IN WRITING, UNLESS SPECIFICALLY SET FORTH IN THIS AGREEMENT. THE PURCHASER REPRESENTS TO THE SELLER THAT THE PURCHASER HAS CONDUCTED, OR WILL CONDUCT PRIOR TO CLOSING, SUCH INVESTIGATIONS OF THE PROPERTY, INCLUDING, BUT NOT LIMITED TO, THE PHYSICAL AND ENVIRONMENTAL CONDITIONS THEREOF, AS THE PURCHASER DEEMS NECESSARY TO SATISFY ITSELF AS TO THE CONDITION OF THE PROPERTY AND THE EXISTENCE OR NONEXISTENCE OR CURATIVE ACTION TO BE TAKEN WITH RESPECT TO ANY HAZARDOUS OR TOXIC SUBSTANCES ON OR DISCHARGED FROM THE PROPERTY, AND WILL RELY SOLELY UPON THE SAME AND NOT UPON ANY INFORMATION PROVIDED BY OR ON BEHALF OF THE SELLER OR THE SELLER’S AGENTS OR EMPLOYEES WITH RESPECT THERETO, OTHER THAN SUCH REPRESENTATIONS, WARRANTIES, AND COVENANTS OF THE SELLER AS ARE EXPRESSLY SET FORTH IN THIS AGREEMENT. THE PROVISIONS OF THIS PARAGRAPH SECTION 13 SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTCLOSING.

Disclaimers. NOTWITHSTANDING ANYTHING (a) EXCEPT FOR (i) THE WARRANTIES EXPRESSLY STATED ABOVE IN THIS SECTION 10 AND (ii) ANY WARRANTY, REPRESENTATION OR CONDITION TO THE CONTRARY HEREINEXTENT THE SAME CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, PURCHASER IS PURCHASING THE PROPERTY "AS IS" LICENSOR AND "WHERE IS," ITS AFFILIATES, AGENTS, SUBCONTRACTORS AND WITH ALL FAULTS. COUNTY IS MAKING SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES, AND EXPRESSLY DISCLAIM AND EXCLUDE ANY AND ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, WHETHER ARISING BY OPERATION OR UNDER STATUTE, COMMON LAW, CUSTOM, USAGE, COURSE OF LAW PERFORMANCE OR OTHERWISE, WITH RESPECT TO THE QUALITYINCLUDING, PHYSICAL CONDITIONWITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONSNON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY LICENSOR AND ITS AFFILIATES, AGENTS, SUBCONTRACTORS AND SUPPLIERS DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY, THAT THE LICENSED PRODUCTS, CONTENT, SUPPORT, SERVICES OR OTHER DELIVERABLES PROVIDED BY OR ON BEHALF OF HABITABILITYLICENSOR WILL SATISFY CUSTOMER’S REQUIREMENTS OR THAT THEIR USE OR OPERATION WILL BE ERROR OR DEFECT FREE OR UNINTERRUPTED, OR THAT ALL SOFTWARE DEFECTS WILL BE CORRECTED. EXCEPT FOR THE EXPRESS WARRANTIES IN SECTION 10, (A) THE LICENSED PRODUCTS ARE PROVIDED “AS IS,” WITH ALL FAULTS AND WITHOUT ANY GUARANTEES REGARDING QUALITY, PERFORMANCE, SUITABILITY, MERCHANTABILITYTIMELINESS, SECURITY, DURABILITY, INTEGRABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COUNTY IS NOT LIABLE OR BOUND BY ANY GUARANTEESACCURACY, PROMISES, STATEMENTS, REPRESENTATIONS, OR INFORMATION PERTAINING TO AND (B) CUSTOMER ACCEPTS THE PROPERTY MADE OR FURNISHED BY ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT COUNTY, EXCEPT AS ENTIRE RISK OF AND TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS USE, QUALITY, PERFORMANCE, SUITABILITY AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS RESULTS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING USE OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTLICENSED PRODUCTS AND ITS OWN AUDIT APPROACH OR METHODOLOGY.

Disclaimers. NOTWITHSTANDING ANYTHING THE SERVICES ARE PROVIDED ON AN “AS IS” AND ‘AS AVAILABLE’ BASIS. LANYON, ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM TO THE CONTRARY HEREINMAXIMUM EXTENT PERMITTED BY LAW, PURCHASER IS PURCHASING THE PROPERTY "AS IS" AND "WHERE IS," AND WITH ALL FAULTS. COUNTY IS MAKING NO REPRESENTATIONS OR WARRANTIES, WHETHER EITHER EXPRESS OR IMPLIED, BY OPERATION INCLUDING WITHOUT LIMITATION, (I) ANY WARRANTY THAT SERVICES ARE FREE OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITY, PHYSICAL CONDITIONERRORS, OR VALUE WILL OPERATE WITHOUT INTERRUPTION OR THAT ALL ERRORS WILL BE CORRECTED, (II) ANY IMPLIED WARRANTIES OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND FREEDOM FROM VIRUSES OR ANY OTHER MALICIOUS CODE. COUNTY CLIENT ACKNOWLEDGES THAT USE OF OR CONNECTION TO THE INTERNET PROVIDES THE OPPORTUNITY FOR UNAUTHORIZED THIRD PARTIES TO CIRCUMVENT SECURITY PRECAUTIONS AND ILLEGALLY GAIN ACCESS TO THE SERVICES AND CLIENT DATA. ACCORDINGLY, LANYON CANNOT AND DOES NOT GUARANTEE THE PRIVACY, SECURITY OR AUTHENTICITY OF ANY INFORMATION SO TRANSMITTED OVER OR STORED IN ANY SYSTEM CONNECTED TO THE INTERNET. IN ORDER TO PROTECT CLIENT’S DATA, LANYON MAY SUSPEND CLIENT’S USE OF THE SERVICES IMMEDIATELY, WITHOUT PRIOR NOTICE, PENDING AN INVESTIGATION, IF ANY BREACH OF SECURITY IS SUSPECTED. CLIENT ACKNOWLEDGES THAT THE SERVICES AVAILABILITY MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. LANYON IS NOT LIABLE RESPONSIBLE OR BOUND BY DEEMED TO BE IN DEFAULT FOR ANY GUARANTEESDELAYS, PROMISES, STATEMENTS, REPRESENTATIONS, OR INFORMATION PERTAINING TO THE PROPERTY MADE OR FURNISHED BY ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANTDELIVERY FAILURES, OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT COUNTY, EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULESDAMAGE RESULTING FROM SUCH PROBLEMS, OR REGULATIONS REGARDING RETROFITTING UNAVAILABILITY RELATED TO CLIENT’S APPLICATIONS, CLIENT DATA, OR PLUMBING FIXTURES). CLIENT’S EQUIPMENT, OR THE PROVISIONS ACTS OR OMISSIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING ANY USER OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTSERVICES.

Disclaimers. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREINFULLEST EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHERWISE SPECIFIED IN A WRITING BY US, PURCHASER IS PURCHASING (A) THE PROPERTY "USE OF PLATFORM AND ANY TOKENS ARE SOLD AND OFFERED ON AN “AS IS" ” AND "WHERE IS," AND WITH ALL FAULTS. COUNTY IS MAKING NO REPRESENTATIONS OR WARRANTIES“AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIEDTOKENS, BY OPERATION INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION, OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT; (B) WE DO NOT REPRESENT OR WARRANT THAT THE PLATFORM IS RELIABLE, CURRENT OR ERROR-FREE, MEET YOUR REQUIREMENTS, OR THAT DEFECTS IN THE PLATFORM WILL BE CORRECTED; AND (C) WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE USE OF THE PLATFORM OR THE DELIVERY MECHANISM FOR TOKENS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COUNTY Some jurisdictions do not allow the exclusion of certain warranties or disclaimer of implied terms in contracts with consumers, so some or all of the exclusions of warranties and disclaimers in this section may not apply to you. YOU HEREBY UNDERSTAND THAT THE PLATFORM IS CURRENTLY IN BETA MODE AND IS NOT IN ITS FINAL STATE. LIMITATION OF LIABILITY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (I) IN NO EVENT WILL COMPANY OR ANY OF THE COMPANY PARTIES BE LIABLE OR BOUND BY FOR ANY GUARANTEESINDIRECT, PROMISESSPECIAL, STATEMENTSINCIDENTAL, REPRESENTATIONSCONSEQUENTIAL, OR INFORMATION PERTAINING EXEMPLARY DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, WHERE RELATED TO LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE PROPERTY MADE SALE OR FURNISHED BY USE OF THE Platform OR OTHERWISE RELATED TO THESE TERMS, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR ANY REAL ESTATE AGENTOTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE); AND (II) IN NO EVENT WILL THE AGGREGATE LIABILITY OF Company AND THE Company PARTIES (JOINTLY), BROKERWHETHER IN CONTRACT, EMPLOYEEWARRANTY, SERVANTTORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER PERSON REPRESENTING THEORY, ARISING OUT OF OR PURPORTING RELATING TO REPRESENT COUNTYTHESE TERMS OR THE USE OF OR INABILITY TO USE THE PLATFORM, EXCEPT AS AND EXCEED THE AMOUNT YOU PAY TO US FOR THE EXTENT EXPRESSLY PLATFORM. THE LIMITATIONS SET FORTH HEREININ APPLICABLE SECTIONS HEREIN WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD OR INTENTIONAL, WILLFUL OR RECKLESS MISCONDUCT OF THE COMPANY. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODESSome jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, MUNICIPAL ORDINANCESsome of the limitations of this section may not apply to you. In relation to disputes arising between You and 3rd parties or the acts or omissions of 3rd parties, AND OTHER LAWSto the fullest extent permitted by applicable law, RULESyou release Company and the other Company Parties from responsibility, AND REGULATIONS liability, claims, demands and/or damages (INCLUDINGactual and consequential) of every kind and nature, WITHOUT LIMITATIONknown and unknown (including, THE AMERICANS WITH DISABILITIES ACT AND ANY CODESbut not limited to, MUNICIPAL ORDINANCES, LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURESclaims of negligence). THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTYou expressly waive any rights you may have under principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

Disclaimers. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, PURCHASER IS PURCHASING THE PROPERTY "“AS IS" ” AND "“WHERE IS," ” AND WITH ALL FAULTS. COUNTY IS MAKING NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION, OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. COUNTY IS NOT LIABLE OR BOUND BY ANY GUARANTEES, PROMISES, STATEMENTS, REPRESENTATIONS, OR INFORMATION PERTAINING TO THE PROPERTY MADE OR FURNISHED BY ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT COUNTY, EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENT.

Disclaimers. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREINEXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, PURCHASER IT IS PURCHASING THE PROPERTY "AS IS" UNDERSTOOD AND "WHERE IS," AGREED THAT SELLER IS NOT MAKING AND WITH ALL FAULTS. COUNTY IS MAKING NO HAS NOT AT ANY TIME MADE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR WARRANTIESCHARACTER, WHETHER EXPRESS EXPRESSED OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITYPROPERTY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OR REPRESENTATIONS AS TO HABITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE (OTHER THAN SELLER's LIMITED WARRANTY OF TITLE TO BE SET FORTH IN THE DEED), ZONING, TAX CONSEQUENCES, LATENT OR PATENT PHYSICAL OR ENVIRONMENTAL CONDITION, UTILITIES, OPERATING HISTORY OR VALUE OF THE PROPERTYPROJECTIONS, THE INCOME OR EXPENSES FROM THE PROPERTYVALUATION, OR GOVERNMENTAL APPROVALS, THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING GOVERNMENTAL LAWS, THE TRUTH, ACCURACY OR FIRE CODES COMPLETENESS OF THE PROPERTY DOCUMENTS OR ANY OTHER LAWS INFORMATION PROVIDED BY OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY ON BEHALF OF HABITABILITY, SUITABILITY, MERCHANTABILITYSELLER TO BUYER, OR FITNESS FOR A PARTICULAR PURPOSEANY OTHER MATTER OR THING REGARDING THE PROPERTY. COUNTY BUYER ACKNOWLEDGES AND AGREES THAT UPON CLOSING SELLER SHALL SELL AND CONVEY TO BUYER AND BUYER SHALL ACCEPT THE PROPERTY "AS IS, WHERE IS, WITH ALL FAULTS", EXCEPT TO THE EXTENT EXPRESSLY PROVIDED OTHERWISE IN THIS AGREEMENT. BUYER HAS NOT RELIED AND WILL NOT RELY ON, AND SELLER IS NOT LIABLE FOR OR BOUND BY BY, ANY GUARANTEESEXPRESSED OR IMPLIED WARRANTIES, PROMISESGUARANTIES, STATEMENTS, REPRESENTATIONS, REPRESENTATIONS OR INFORMATION PERTAINING TO THE PROPERTY OR RELATING THERETO (INCLUDING SPECIFICALLY, WITHOUT LIMITATION, PROPERTY INFORMATION PACKAGES DISTRIBUTED WITH RESPECT TO THE PROPERTY) MADE OR FURNISHED BY SELLER, THE MANAGER OF THE PROPERTY, OR ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, BROKER OR OTHER PERSON AGENT REPRESENTING OR PURPORTING TO REPRESENT COUNTYSELLER, EXCEPT TO WHOMEVER MADE OR GIVEN, DIRECTLY OR INDIRECTLY, ORALLY OR IN WRITING, UNLESS SPECIFICALLY SET FORTH IN THIS AGREEMENT. BUYER REPRESENTS TO SELLER THAT BUYER HAS CONDUCTED, OR WILL CONDUCT PRIOR TO CLOSING, SUCH INVESTIGATIONS OF THE PROPERTY, INCLUDING BUT NOT LIMITED TO, THE PHYSICAL AND ENVIRONMENTAL CONDITIONS THEREOF, AS AND BUYER DEEMS NECESSARY TO SATISFY ITSELF AS TO THE EXTENT CONDITION OF THE PROPERTY AND THE EXISTENCE OR NONEXISTENCE OR CURATIVE ACTION TO BE TAKEN WITH RESPECT TO ANY HAZARDOUS OR TOXIC SUBSTANCES ON OR DISCHARGED FROM THE PROPERTY, AND WILL RELY SOLELY UPON SAME AND NOT UPON ANY INFORMATION PROVIDED BY OR ON BEHALF OF SELLER OR ITS AGENTS OR EMPLOYEES WITH RESPECT THERETO, OTHER THAN SUCH REPRESENTATIONS, WARRANTIES AND COVENANTS OF SELLER AS ARE EXPRESSLY SET FORTH HEREININ THIS AGREEMENT. PURCHASER OTHER THAN SUCH REPRESENTATIONS, WARRANTIES AND COVENANTS OF SELLER AS ARE EXPRESSLY SET FORTH IN THIS AGREEMENT, UPON CLOSING, BUYER SHALL ASSUME RESPONSIBILITY FOR THE RISK THAT ADVERSE MATTERS, INCLUDING BUT NOT LIMITED TO, CONSTRUCTION DEFECTS AND ADVERSE PHYSICAL AND ENVIRONMENTAL CONDITIONS, MAY NOT HAVE BEEN REVEALED BY BUYER's INVESTIGATIONS, AND EXCEPT PURSUANT TO THIS AGREEMENT BUYER, UPON CLOSING, SHALL BE DEEMED TO HAVE WAIVED, RELINQUISHED AND RELEASED SELLER (AND SELLER's OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS) FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION (INCLUDING CAUSES OF ACTION IN TORT), LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL (INCLUDING ATTORNEYS' FEES AND COURT COSTS) OF ANY AND EVERY KIND OR CHARACTER, KNOWN OR UNKNOWN, WHICH BUYER MIGHT HAVE ASSERTED OR ALLEGED AGAINST SELLER (AND SELLER's OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS) AT ANY TIME BY REASON OF OR ARISING OUT OF ANY LATENT OR PATENT CONSTRUCTION DEFECTS OR PHYSICAL CONDITIONS, VIOLATIONS OF ANY APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS LAWS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT ANY ENVIRONMENTAL LAWS) AND ANY CODESAND ALL OTHER ACTS, MUNICIPAL ORDINANCESOMISSIONS, LAWSEVENTS, RULESCIRCUMSTANCES OR MATTERS REGARDING THE PROPERTY. BUYER AGREES THAT SHOULD ANY CLEANUP, REMEDIATION OR REGULATIONS REGARDING RETROFITTING REMOVAL OF HAZARDOUS SUBSTANCES OR PLUMBING FIXTURES)OTHER ENVIRONMENTAL CONDITIONS ON THE PROPERTY BE REQUIRED AFTER THE DATE OF CLOSING, SUCH CLEAN-UP, REMOVAL OR REMEDIATION SHALL BE THE RESPONSIBILITY OF AND SHALL BE PERFORMED AT THE SOLE COST AND EXPENSE OF BUYER AND SELLER SHALL NOT BE LIABLE TO BUYER FOR SUCH CLEAN-UP, REMOVAL OR REMEDIATION. AS PART OF THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE SECTION 9.2, BUT NOT AS A LIMITATION THEREON, BUYER HEREBY AGREES, REPRESENTS AND WARRANTS THAT THE CLOSING MATTERS RELEASED HEREIN ARE NOT LIMITED TO MATTERS WHICH ARE KNOWN OR DISCLOSED, AND BUYER HEREBY WAIVES ANY AND ALL RIGHTS AND BENEFITS WHICH IT NOW HAS, OR IN THE FUTURE MAY HAVE CONFERRED UPON IT, BY VIRTUE OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTPROVISIONS OF FEDERAL, STATE OR LOCAL LAW, RULES OF REGULATIONS.

Disclaimers. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREINEXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT OR ANY DOCUMENT DELIVERED AT CLOSING, PURCHASER SELLER IS PURCHASING THE PROPERTY "AS IS" NOT MAKING AND "WHERE IS," AND WITH ALL FAULTS. COUNTY IS MAKING NO HAS NOT AT ANY TIME MADE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR WARRANTIESCHARACTER, WHETHER EXPRESS EXPRESSED OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITYPROPERTY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OR REPRESENTATIONS AS TO HABITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE (OTHER THAN SELLER’S LIMITED WARRANTY OF TITLE TO BE SET FORTH IN THE DEED), ZONING, TAX CONSEQUENCES, LATENT OR PATENT PHYSICAL OR ENVIRONMENTAL CONDITION, UTILITIES, OPERATING HISTORY OR VALUE OF THE PROPERTYPROJECTIONS, THE INCOME OR EXPENSES FROM THE PROPERTYVALUATION, OR GOVERNMENTAL APPROVALS, THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING GOVERNMENTAL LAWS, THE TRUTH, ACCURACY OR FIRE CODES COMPLETENESS OF THE PROPERTY DOCUMENTS OR ANY OTHER LAWS INFORMATION PROVIDED BY OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY ON BEHALF OF HABITABILITY, SUITABILITY, MERCHANTABILITYSELLER TO PURCHASER, OR FITNESS FOR A PARTICULAR PURPOSEANY OTHER MATTER OR THING REGARDING THE PROPERTY. COUNTY PURCHASER ACKNOWLEDGES AND AGREES THAT UPON CLOSING SELLER SHALL SELL AND CONVEY TO PURCHASER AND PURCHASER SHALL ACCEPT THE PROPERTY “AS IS, WHERE IS, WITH ALL FAULTS”, EXCEPT TO THE EXTENT EXPRESSLY PROVIDED OTHERWISE IN THIS AGREEMENT OR ANY DOCUMENT DELIVERED AT CLOSING. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT OR ANY DOCUMENT DELIVERED AT CLOSING, PURCHASER HAS NOT RELIED AND WILL NOT RELY ON, AND SELLER IS NOT LIABLE FOR OR BOUND BY BY, ANY GUARANTEESEXPRESSED OR IMPLIED WARRANTIES, PROMISESGUARANTIES, STATEMENTS, REPRESENTATIONS, REPRESENTATIONS OR INFORMATION PERTAINING TO THE PROPERTY OR RELATING THERETO (INCLUDING SPECIFICALLY, WITHOUT LIMITATION, PROPERTY INFORMATION PACKAGES DISTRIBUTED WITH RESPECT TO THE PROPERTY) MADE OR FURNISHED BY SELLER, THE MANAGER OF THE PROPERTY, OR ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, BROKER OR OTHER PERSON AGENT REPRESENTING OR PURPORTING TO REPRESENT COUNTYSELLER, EXCEPT TO WHOMEVER MADE OR GIVEN, DIRECTLY OR INDIRECTLY, ORALLY OR IN WRITING, UNLESS SPECIFICALLY SET FORTH IN THIS AGREEMENT. PURCHASER REPRESENTS TO SELLER THAT PURCHASER HAS CONDUCTED, OR WILL CONDUCT PRIOR TO CLOSING, SUCH INVESTIGATIONS OF THE PROPERTY, INCLUDING BUT NOT LIMITED TO, THE PHYSICAL AND ENVIRONMENTAL CONDITIONS THEREOF, AS AND PURCHASER DEEMS NECESSARY TO SATISFY ITSELF AS TO THE EXTENT CONDITION OF THE PROPERTY AND THE EXISTENCE OR NONEXISTENCE OR CURATIVE ACTION TO BE TAKEN WITH RESPECT TO ANY HAZARDOUS OR TOXIC SUBSTANCES ON OR DISCHARGED FROM THE PROPERTY, AND WILL RELY SOLELY UPON SAME AND NOT UPON ANY INFORMATION PROVIDED BY OR ON BEHALF OF SELLER OR ITS AGENTS OR EMPLOYEES WITH RESPECT THERETO, OTHER THAN SUCH REPRESENTATIONS, WARRANTIES AND COVENANTS OF SELLER AS ARE EXPRESSLY SET FORTH HEREININ THIS AGREEMENT. UPON CLOSING, PURCHASER SHALL ASSUME RESPONSIBILITY FOR TAKE THE PROPERTY SUBJECT TO THE RISK THAT ADVERSE MATTERS, INCLUDING BUT NOT LIMITED TO, CONSTRUCTION DEFECTS AND ADVERSE PHYSICAL AND ENVIRONMENTAL CONDITIONS, MAY NOT HAVE BEEN REVEALED BY PURCHASER’S INVESTIGATIONS, AND PURCHASER, UPON CLOSING, SHALL BE DEEMED TO HAVE WAIVED, RELINQUISHED AND RELEASED SELLER (AND SELLER’S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS) FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION (INCLUDING CAUSES OF ACTION IN TORT), LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL (INCLUDING ATTORNEYS’ FEES AND COURT COSTS) OF ANY AND EVERY KIND OR CHARACTER, KNOWN OR UNKNOWN, WHICH PURCHASER MIGHT HAVE ASSERTED OR ALLEGED AGAINST SELLER (AND SELLER’S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS) AT ANY TIME BY REASON OF OR ARISING OUT OF ANY LATENT OR PATENT CONSTRUCTION DEFECTS OR PHYSICAL CONDITIONS, VIOLATIONS OF ANY APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS LAWS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT ANY ENVIRONMENTAL LAWS) AND ANY CODESAND ALL OTHER ACTS, MUNICIPAL ORDINANCESOMISSIONS, LAWSEVENTS, RULESCIRCUMSTANCES OR MATTERS REGARDING THE PROPERTY. PURCHASER AGREES THAT SHOULD ANY CLEANUP, REMEDIATION OR REGULATIONS REGARDING RETROFITTING REMOVAL OF HAZARDOUS SUBSTANCES OR PLUMBING FIXTURES)OTHER ENVIRONMENTAL CONDITIONS ON THE PROPERTY BE REQUIRED AFTER THE DATE OF CLOSING, SUCH CLEAN-UP, REMOVAL OR REMEDIATION SHALL BE THE RESPONSIBILITY OF AND SHALL BE PERFORMED AT THE SOLE COST AND EXPENSE OF PURCHASER AND SELLER SHALL NOT BE LIABLE TO PURCHASER FOR SUCH CLEAN-UP, REMOVAL OR REMEDIATION. AS PART OF THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE SECTION 9.2, BUT NOT AS A LIMITATION THEREON, PURCHASER HEREBY AGREES, REPRESENTS AND WARRANTS THAT THE CLOSING MATTERS RELEASED HEREIN ARE NOT LIMITED TO MATTERS WHICH ARE KNOWN OR DISCLOSED, AND PURCHASER HEREBY WAIVES ANY AND ALL RIGHTS AND BENEFITS WHICH IT NOW HAS, OR IN THE FUTURE MAY HAVE CONFERRED UPON IT, BY VIRTUE OF THE TRANSACTION CONTEMPLATED PROVISIONS OF FEDERAL, STATE OR LOCAL LAW, RULES OR REGULATIONS, INCLUDING WITHOUT LIMITATION, SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY THIS AGREEMENTHIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

Disclaimers. NOTWITHSTANDING ANYTHING YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE CONTRARY HEREINFULLEST EXTENT PERMITTED BY APPLICABLE LAW, PURCHASER YOUR USE OF THE SERVICES AND ANY PRODUCTS OFFERED THROUGH THE SERVICES IS PURCHASING AT YOUR SOLE RISK, AND THE PROPERTY SERVICES AND ANY PRODUCTS ARE PROVIDED ON AN "AS IS" AND "WHERE IS,AS AVAILABLE" AND BASIS, WITH ALL FAULTS. COUNTY IS MAKING NO REPRESENTATIONS OR TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, BY OPERATION INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF LAW MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICES AND PRODUCTS. THE COMPANY PARTIES MAKE NO WARRANTY, REPRESENTATION OR OTHERWISECONDITION THAT: (1) THE SERVICES OR ANY PRODUCTS WILL MEET YOUR REQUIREMENTS OR (2) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, WITH RESPECT TIMELY, SECURE OR ERROR-FREE. TO THE QUALITYMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PHYSICAL CONDITIONTHE COMPANY PARTIES SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS OR REVENUE OR FOR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, OR VALUE DAMAGES OR COSTS DUE TO LOSS OF DATA, PRODUCTION, OR USE, BUSINESS INTERRUPTION OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE PROPERTYPOSSIBILITY OF SUCH DAMAGES. THE COMPANY PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, THE INCOME DELETION, MISDELIVERY OR EXPENSES FROM THE PROPERTYFAILURE TO STORE ANY CONTENT, USER COMMUNICATIONS OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONSPERSONALIZATION SETTINGS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY COMPANY WILL NOT BE LIABLE FOR DAMAGES OF HABITABILITY, SUITABILITY, MERCHANTABILITYANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE OR FROM ANY PRODUCTS OR TRANSACTIONS OR TRANSFERS RELATING TO PRODUCTS, OR FITNESS FOR A PARTICULAR PURPOSE. COUNTY IS NOT LIABLE OR BOUND BY FROM ANY GUARANTEESTHIRD PARTY MATERIALS, PROMISES, STATEMENTS, REPRESENTATIONS, OR INFORMATION PERTAINING TO THE PROPERTY MADE OR FURNISHED BY INCLUDING FROM ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT COUNTY, EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCESVIRUS THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH, AND INCLUDING FROM ANY DISPUTE WITH ANY OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING USER OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTSERVICE.

Disclaimers. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREINEXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, PURCHASER IS PURCHASING THE PROPERTY "AS IS" AND "WHERE IS," AND WITH ALL FAULTS. COUNTY IS MAKING NO REPRESENTATIONS OR WARRANTIESNEITHER PARTY MAKES ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, BY OPERATION OF LAW STATUTORY OR OTHERWISE, WITH RESPECT TO THE QUALITYAND EACH PARTY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, PHYSICAL CONDITION, OR VALUE INCLUDING ANY WARRANTIES OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NONINFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. COUNTY SUBJECT TO OUR EXPRESS WRITTEN WARRANTIES SET FORTH IN THIS AGREEMENT, THE INSPERITY OFFERINGS AND INSPERITY PARTNER OFFERINGS ARE PROVIDED “AS IS”. THERE IS NOT LIABLE NO WARRANTY THAT ANY INSPERITY OFFERING WILL BE UNINTERRUPTED OR BOUND BY ERROR FREE, THAT ANY GUARANTEESDEFECTS WITHIN AN INSPERITY OFFERING WILL BE CORRECTED, PROMISES, STATEMENTS, REPRESENTATIONSTHAT ANY INSPERITY OFFERING WILL MEET YOUR NEEDS OR REQUIREMENTS, OR INFORMATION PERTAINING THAT ANY THIRD PARTY CONTENT OR COMPONENTS SHALL MEET ANY FORM, CONTENT OR ACCURACY STANDARD. YOU DISCLAIM ANY AND ALL WARRANTIES, LIABILITIES OR CLAIMS AGAINST US AND IRREVOCABLY RELEASE US FROM ANY AND ALL DAMAGES ARISING FROM ANY INSPERITY OFFERING PROVIDED TO THE PROPERTY MADE OR FURNISHED BY ANY REAL ESTATE YOU, INCLUDING THOSE INSPERITY OFFERINGS FOR WHICH WE ACT SOLELY AS BILLING AGENT, BROKER, EMPLOYEE, SERVANT, OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT COUNTY, EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE ANY SUCH LIABILITIES ARE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, RESULT OF OUR GROSS NEGLIGENCE OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTWILLFUL MISCONDUCT.

Disclaimers. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, PURCHASER SERVICE IS PURCHASING THE PROPERTY "PROVIDED “AS IS" ” AND "WHERE IS," AND “WITH ALL FAULTS. COUNTY IS MAKING NO REPRESENTATIONS OR WARRANTIES” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EITHER EXPRESS OR IMPLIED, BY OPERATION AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF LAW OR OTHERWISETITLE, WITH RESPECT TO THE QUALITYNON-INFRINGEMENT, PHYSICAL CONDITIONACCURACY, OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITYCOMPLETENESS, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. COUNTY IS NOT LIABLE OR BOUND BY , ANY GUARANTEESWARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, PROMISES, STATEMENTS, REPRESENTATIONSCOURSE OF PERFORMANCE, OR INFORMATION PERTAINING USAGE OF TRADE, AND ANY WARRANTIES THAT THE SERVICE IS CURRENT AND/OR UP-TO-DATE ARE HEREBY EXPRESSLY DISCLAIMED TO THE PROPERTY MADE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. THERE IS NO WARRANTY, REPRESENTATION, OR FURNISHED BY GUARANTEE THAT THE SERVICE, OR YOUR USE OF THE SERVICE, WILL BE UNINTERRUPTED, COMPLETE, ACCURATE, CURRENT, RELIABLE, ERROR-FREE, SECURE, OR THAT ANY REAL ESTATE AGENTPROBLEMS WILL BE CORRECTED, BROKEROR THAT THE SERVICE, EMPLOYEEOR ANY INFORMATION, SERVANTSOFTWARE, OR OTHER PERSON REPRESENTING MATERIAL ACCESSIBLE FROM THE SERVICE, IS FREE OF VIRUSES OR PURPORTING TO REPRESENT COUNTYOTHER HARMFUL COMPONENTS. WE DO NOT WARRANT, EXCEPT AS GUARANTEE, OR MAKE ANY REPRESENTATION REGARDING THE USE OF, OR THE RESULTS OF THE USE OF, THE SERVICE AND TO YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCESSERVICE, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTYOUR RELIANCE THEREON.

Disclaimers. NOTWITHSTANDING ANYTHING TO EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT AND IN THE CONTRARY HEREINCLOSING DOCUMENTS DELIVERED BY SELLER, PURCHASER IT IS PURCHASING THE PROPERTY "AS IS" UNDERSTOOD AND "WHERE IS," AGREED THAT SELLER IS NOT MAKING AND WITH ALL FAULTS. COUNTY IS MAKING NO HAS NOT AT ANY TIME MADE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR WARRANTIESCHARACTER, WHETHER EXPRESS EXPRESSED OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITYPROPERTY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OR REPRESENTATIONS AS TO HABITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE (OTHER THAN SELLER'S LIMITED WARRANTY OF TITLE TO BE SET FORTH IN THE DEED), ZONING, TAX CONSEQUENCES, LATENT OR PATENT PHYSICAL OR ENVIRONMENTAL CONDITION, UTILITIES, OPERATING HISTORY OR VALUE OF THE PROPERTYPROJECTIONS, THE INCOME OR EXPENSES FROM THE PROPERTYVALUATION, OR GOVERNMENTAL APPROVALS, THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING GOVERNMENTAL LAWS, THE TRUTH, ACCURACY OR FIRE CODES COMPLETENESS OF THE PROPERTY DOCUMENTS OR ANY OTHER LAWS INFORMATION PROVIDED BY OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY ON BEHALF OF HABITABILITY, SUITABILITY, MERCHANTABILITYSELLER TO PURCHASER, OR FITNESS FOR A PARTICULAR PURPOSEANY OTHER MATTER OR THING REGARDING THE PROPERTY. COUNTY PURCHASER ACKNOWLEDGES AND AGREES THAT UPON CLOSING SELLER SHALL SELL AND CONVEY TO PURCHASER AND PURCHASER SHALL ACCEPT THE PROPERTY "AS IS, WHERE IS, WITH ALL FAULTS", EXCEPT TO THE EXTENT EXPRESSLY PROVIDED OTHERWISE IN THIS AGREEMENT. PURCHASER HAS NOT RELIED AND WILL NOT RELY ON, AND SELLER IS NOT LIABLE FOR OR BOUND BY BY, ANY GUARANTEESEXPRESSED OR IMPLIED WARRANTIES, PROMISESGUARANTIES, STATEMENTS, REPRESENTATIONS, REPRESENTATIONS OR INFORMATION PERTAINING TO THE PROPERTY OR RELATING THERETO (INCLUDING SPECIFICALLY, WITHOUT LIMITATION, PROPERTY INFORMATION PACKAGES DISTRIBUTED WITH RESPECT TO THE PROPERTY) MADE OR FURNISHED BY SELLER, THE MANAGER OF THE PROPERTY, OR ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, BROKER OR OTHER PERSON AGENT REPRESENTING OR PURPORTING TO REPRESENT COUNTYSELLER, EXCEPT TO WHOMEVER MADE OR GIVEN, DIRECTLY OR INDIRECTLY, ORALLY OR IN WRITING, UNLESS SPECIFICALLY SET FORTH IN THIS AGREEMENT. PURCHASER REPRESENTS TO SELLER THAT PURCHASER HAS CONDUCTED, OR WILL CONDUCT PRIOR TO CLOSING, SUCH INVESTIGATIONS OF THE PROPERTY, INCLUDING BUT NOT LIMITED TO, THE PHYSICAL AND ENVIRONMENTAL CONDITIONS THEREOF, AS AND PURCHASER DEEMS NECESSARY TO SATISFY ITSELF AS TO THE EXTENT CONDITION OF THE PROPERTY AND THE EXISTENCE OR NONEXISTENCE OR CURATIVE ACTION TO BE TAKEN WITH RESPECT TO ANY HAZARDOUS OR TOXIC SUBSTANCES ON OR DISCHARGED FROM THE PROPERTY, AND WILL RELY SOLELY UPON SAME AND NOT UPON ANY INFORMATION PROVIDED BY OR ON BEHALF OF SELLER OR ITS AGENTS OR EMPLOYEES WITH RESPECT THERETO, OTHER THAN SUCH REPRESENTATIONS, WARRANTIES AND COVENANTS OF SELLER AS ARE EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED BY IN THIS AGREEMENT.

Disclaimers. NOTWITHSTANDING ANYTHING ANY AND ALL INFORMATION, MATERIALS, SERVICES, INTELLECTUAL PROPERTY AND OTHER PROPERTY AND RIGHTS GRANTED AND/OR PROVIDED PURSUANT TO THE CONTRARY HEREINTHIS AGREEMENT (INCLUDING ANY STUDENT WORK PRODUCT), PURCHASER IS PURCHASING THE PROPERTY ARE GRANTED AND/OR PROVIDED ON AN "AS IS" AND "WHERE IS," AND WITH ALL FAULTSBASIS. COUNTY IS MAKING NO REPRESENTATIONS OR WARRANTIESPARTY MAKES ANY WARRANTIES OF ANY KIND, WHETHER EITHER EXPRESS OR IMPLIED, REGARDING ANY MATERIALS PROVIDED BY OPERATION IT, AND ALL SUCH WARRANTIES, INCLUDING WARRANTIES OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION, OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED. COUNTY IS NOT LIABLE WITHOUT LIMITING THE GENERAL NATURE OF THE PRIOR SENTENCE, NEITHER CARNEGIE MELLON NOR ANY STUDENT MAKE ANY WARRANTY OF ANY KIND RELATING TO EXCLUSIVITY, INFORMATIONAL CONTENT, ERROR-FREE OPERATION, RESULTS TO BE OBTAINED FROM USE, FREEDOM FROM PATENT, TRADEMARK AND COPYRIGHT INFRINGEMENT AND/OR BOUND BY ANY GUARANTEES, PROMISES, STATEMENTS, REPRESENTATIONS, OR INFORMATION PERTAINING FREEDOM FROM THEFT OF TRADE SECRETS WITH RESPECT TO THE STUDENT WORK PRODUCT. COURSE SPONSOR IS PROHIBITED FROM MAKING ANY EXPRESS OR IMPLIED WARRANTY TO ANY THIRD PARTY ON BEHALF OF CARNEGIE MELLON OR ANY STUDENT RELATING TO ANY MATTER, INCLUDING THE APPLICATION OF OR THE RESULTS TO BE OBTAINED FROM THE INFORMATION, MATERIALS, SERVICES, INTELLECTUAL PROPERTY MADE OR FURNISHED BY ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, OR OTHER PERSON REPRESENTING PROPERTY OR PURPORTING RIGHTS GRANTED AND/OR PROVIDED TO REPRESENT COUNTYIT PURSUANT TO THIS AGREEMENT. NEITHER CARNEGIE MELLON NOR ANY STUDENT SHALL BE LIABLE TO COURSE SPONSOR OR ANY THIRD PARTY FOR LOSS OF PROFITS OR FOR INCIDENTAL, EXCEPT AS AND INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES FOR ANY REASON WHATSOVER ARISING OUT OF OR RELATING TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND INCLUDING ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS BREACH OF THIS PARAGRAPH SHALL SURVIVE AGREEMENT), EVEN IF CARNEGIE MELLON OR THE CLOSING STUDENT HAS BEEN ADVISED OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENT*confidentiality language included* POSSIBILITY OF SUCH DAMAGES OR HAS OR GAINS KNOWLEDGE OF THE EXISTENCE OF SUCH DAMAGES.

Disclaimers. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREINEXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, PURCHASER IT IS PURCHASING THE PROPERTY "AS IS" UNDERSTOOD AND "WHERE IS," AGREED THAT SELLER IS NOT MAKING AND WITH ALL FAULTS. COUNTY IS MAKING NO HAS NOT AT ANY TIME MADE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR WARRANTIESCHARACTER, WHETHER EXPRESS EXPRESSED OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION, OR VALUE OF THE PROPERTY, THE INCOME INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF REPRESENTATIONS AS TO HABITABILITY, SUITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. COUNTY PURCHASER ACKNOWLEDGES AND AGREES THAT UPON CLOSING SELLER SHALL SELL AND CONVEY TO PURCHASER AND PURCHASER SHALL ACCEPT THE PROPERTY “AS IS, WHERE IS, WITH ALL FAULTS”, EXCEPT TO THE EXTENT EXPRESSLY PROVIDED OTHERWISE IN THIS AGREEMENT OR IN THE CLOSING DOCUMENTS. PURCHASER HAS NOT RELIED AND WILL NOT RELY ON, AND SELLER IS NOT LIABLE FOR OR BOUND BY BY, ANY GUARANTEESEXPRESSED OR IMPLIED WARRANTIES, PROMISESGUARANTIES, STATEMENTS, REPRESENTATIONS, REPRESENTATIONS OR INFORMATION PERTAINING TO THE PROPERTY OR RELATING THERETO MADE OR FURNISHED BY ANY REAL ESTATE AGENTSELLER, BROKER, EMPLOYEE, SERVANTTHE MANAGER OF THE PROPERTY, OR OTHER PERSON ANY AGENT REPRESENTING OR PURPORTING TO REPRESENT COUNTYSELLER, EXCEPT TO WHOMEVER MADE OR GIVEN, DIRECTLY OR INDIRECTLY, ORALLY OR IN WRITING, UNLESS SPECIFICALLY SET FORTH IN THIS AGREEMENT OR IN THE CLOSING DOCUMENTS. PURCHASER CONFIRMS THAT PURCHASER HAS CONDUCTED, OR WILL CONDUCT PRIOR TO CLOSING, SUCH INVESTIGATIONS OF THE PROPERTY, INCLUDING BUT NOT LIMITED TO, THE PHYSICAL AND ENVIRONMENTAL CONDITIONS THEREOF, AS AND PURCHASER DEEMS NECESSARY TO SATISFY ITSELF AS TO THE EXTENT CONDITION OF THE PROPERTY, AND WILL RELY SOLELY UPON SAME AND NOT UPON ANY INFORMATION PROVIDED BY OR ON BEHALF OF SELLER OR ITS AGENTS OR EMPLOYEES WITH RESPECT THERETO, OTHER THAN SUCH REPRESENTATIONS, WARRANTIES AND COVENANTS OF SELLER AS ARE EXPRESSLY SET FORTH HEREININ THIS AGREEMENT OR IN THE CLOSING DOCUMENTS. PURCHASER THE FOREGOING SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED NOT BE DEEMED A WAIVER WITH RESPECT TO CAUSE ANY CLAIMS HEREAFTER ASSERTED BY THIRD PARTIES RELATING TO THE PHYSICAL CONDITION OF THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, AS OF THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULESDATE OF THIS AGREEMENT OR AS OF THE DATE OF CLOSING, OR REGULATIONS REGARDING RETROFITTING RELATING TO MATTERS OCCURRING PRIOR TO CLOSING; AND NOTHING HEREIN SHALL BE DEEMED A WAIVER OF ANY CLAIMS RELATING TO A BREACH OF ANY OF THE REPRESENTATIONS, WARRANTIES OR PLUMBING FIXTURES). THE PROVISIONS COVENANTS OF SELLER UNDER THIS PARAGRAPH SHALL SURVIVE AGREEMENT OR IN THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTDOCUMENTS.

Disclaimers. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREINPLATFORM, PURCHASER IS PURCHASING ANY PRODUCTS AND SERVICES OFFERED ON THE PROPERTY "PLATFORM, ANY AFFILIATE URL, LINK FORMATS, CONTENT, PLATFORM DOMAIN NAME, AND THE COMPANY’S AFFILIATES’ TRADEMARKS AND LOGOS, AND ALL TECHNOLOGY, SOFTWARE, FUNCTIONS, MATERIALS, DATA, IMAGES, TEXT, AND OTHER INFORMATION AND CONTENT PROVIDED OR USED BY OR ON BEHALF OF THE COMPANY OR THE COMPANY’S AFFILIATES OR LICENSORS IN CONNECTION WITH THE AGREEMENT (COLLECTIVELY THE “SERVICE OFFERINGS”) ARE PROVIDED “AS IS" AND "WHERE IS," AND WITH ALL FAULTS. COUNTY IS MAKING NO REPRESENTATIONS .” NEITHER THE COMPANY NOR ANY OF THE COMPANY’S AFFILIATES OR WARRANTIESLICENSORS MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR EXPRESS, IMPLIED, BY OPERATION OF LAW STATUTORY, OR OTHERWISE, OTHERWISE WITH RESPECT TO THE SERVICE OFFERINGS. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, THE COMPANY AND THE COMPANY’S AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SERVICE OFFERINGS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, PHYSICAL CONDITION, OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. COUNTY IS NOT LIABLE OR BOUND BY , NON- INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY GUARANTEESWARRANTIES ARISING OUT OF ANY COURSE OF DEALING, PROMISES, STATEMENTS, REPRESENTATIONSPERFORMANCE, OR INFORMATION PERTAINING TRADE USAGE. THE COMPANY MAY DISCONTINUE ANY SERVICE OFFERING, OR MAY CHANGE THE NATURE, FEATURES, FUNCTIONS, SCOPE, OR OPERATION OF ANY SERVICE OFFERING, AT ANY TIME AND FROM TIME TO TIME. NEITHER THE PROPERTY MADE COMPANY NOR ANY OF THE COMPANY’S AFFILIATES OR FURNISHED BY LICENSORS WARRANT THAT THE SERVICE OFFERINGS WILL CONTINUE TO BE PROVIDED, WILL FUNCTION AS DESCRIBED, CONSISTENTLY OR IN ANY REAL ESTATE AGENTPARTICULAR MANNER, BROKEROR WILL BE UNINTERRUPTED, EMPLOYEEACCURATE, SERVANTFLAWLESS AND ERROR FREE, OR FREE OF HARMFUL COMPONENTS. NEITHER THE COMPANY NOR ANY OF THE COMPANY’S AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR (A) ANY ERRORS, DEFECTS, FLAWS, INACCURACIES, OR SERVICE INTERRUPTIONS, INCLUDING PLATFORM DISRUPTIONS OR SYSTEM FAILURES; OR (B) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF, OR DELETION, DESTRUCTION, DAMAGE, OR LOSS OF, THE PLATFORM OR ANY DATA, IMAGES, TEXT, OR OTHER PERSON REPRESENTING INFORMATION OR PURPORTING TO REPRESENT COUNTY, EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTCONTENT.

Disclaimers. NOTWITHSTANDING ANYTHING TO THE CONTRARY YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR CARE, CUSTODY AND RETURN OF ANY RENTAL ITEM(S), INCLUDING ANY LOSS OR DAMAGE THEREOF, IN ACCORDANCE WITH THIS RENTAL AGREEMENT. EXCEPT AS EXPRESSLY PROVIDED HEREIN, PURCHASER IS PURCHASING THE PROPERTY "RENTAL ITEM(S) ARE PROVIDED “AS IS" ” AND "WHERE IS," AND WITH ALL FAULTS. COUNTY IS MAKING NO REPRESENTATIONS OR WARRANTIESWITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, . YOU AGREE THAT ANY CLAIM WITH RESPECT TO THE RENTAL ITEM(S) OR RENTAL LOCATION, INCLUDING, WITHOUT LIMITATION, CLAIMS ARISING FROM OR RELATED TO (A) THE EXISTENCE, SAFETY, QUALITY, PHYSICAL CONDITION, OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, ADEQUACY OR FITNESS FOR A PARTICULAR PURPOSE. COUNTY IS NOT LIABLE PURPOSE OF ANY RENTAL ITEM(S), THAT A RENTAL OWNER HAS THE PROPER RIGHTS TO LIST RENTAL ITEM(S) OR BOUND BY THAT THE RENTAL OWNER WILL CONSUMMATE ANY GUARANTEESTRANSACTION; AND/OR (B) THE SAFETY OR ACCESSIBILITY OF A RENTAL LOCATION, PROMISES, STATEMENTS, REPRESENTATIONS, OR INFORMATION PERTAINING TO THE PROPERTY MADE OR FURNISHED BY ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT COUNTY, EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODESKNOWN OR UNKNOWN HAZARDS, MUNICIPAL ORDINANCESHAZARDOUS MATERIALS OR SUBSTANCES, LAWSAIR OR WATER QUALITY, RULESDANGEROUS CONDITIONS, ANIMALS, OR REGULATIONS REGARDING RETROFITTING OTHER CONDITIONS AT SUCH LOCATION, OR PLUMBING FIXTURES). THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING ACTS OR OMISSIONS OF THE TRANSACTION CONTEMPLATED RENTAL OWNER OR INVITEES, LICENSEE OR TRESPASSERS AT THE RENTAL LOCATION OR THE RESULTS OF OR FAILURE TO PERFORM ANY INSPECTION OF THE RENTAL LOCATION BY THIS AGREEMENTUS, INCLUDING CLAIMS RESULTING IN PERSONAL INJURY (INCLUDING DEATH) OR DAMAGE TO OR LOSS OF PERSONAL PROPERTY, ARE SOLELY BETWEEN YOU AND THE APPLICABLE RENTAL OWNER, AND WE HAVE NO LIABILITY WITH RESPECT THERETO EXCEPT SOLELY TO THE EXTENT ARISING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

Disclaimers. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, PURCHASER BUT WITHOUT LIMITING OR EXPANDING ANYTHING UNDER THE TRANSITION SERVICES AGREEMENT OR THE REPRESENTATIONS AND WARRANTIES IN SECTIONS 6.02(a)-(c) ABOVE, THE CO-DEVELOPED SOFTWARE, AND ALL SOFTWARE LICENSED UNDER THIS AGREEMENT, IS PURCHASING THE PROPERTY "FURNISHED “AS IS" AND "WHERE IS," AND ”, WITH ALL FAULTS. COUNTY IS MAKING NO REPRESENTATIONS OR WARRANTIESFAULTS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR EXPRESS, IMPLIED, BY OPERATION OF LAW STATUTORY OR OTHERWISE, WITH RESPECT TO THE INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUALITY, PHYSICAL CONDITIONUSEFULNESS, COMMERCIAL UTILITY, ADEQUACY, COMPLIANCE WITH ANY LAW, DOMESTIC OR VALUE FOREIGN, AND IMPLIED WARRANTIES ARISING FROM COURSE OF THE PROPERTY, THE INCOME DEALING OR EXPENSES FROM THE PROPERTY, COURSE OF PERFORMANCE OR THE COMPLIANCE VALIDITY OF THE ANY INTELLECTUAL PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONSTHEREIN. WITHOUT LIMITING THE FOREGOINGFOREGOING OR LIMITING OR EXPANDING ANYTHING IN THE TRANSITION SERVICES AGREEMENT, COUNTY MAKES NO WARRANTY EXCEPT FOR CLAIMS ARISING FROM FRAUD, WILLFUL MISCONDUCT ON THE PART OF HABITABILITYA PARTY OR A BREACH OF ARTICLE V BY A PARTY, SUITABILITYNEITHER PARTY SHALL HAVE ANY LIABILITY WHATSOEVER TO THE OTHER PARTY OR ANY OTHER PERSON FOR OR ON ACCOUNT OF ANY INJURY, MERCHANTABILITYLOSS, OR FITNESS FOR A PARTICULAR PURPOSE. COUNTY IS NOT LIABLE DAMAGE, OF ANY KIND OR BOUND BY ANY GUARANTEESNATURE, PROMISES, STATEMENTS, REPRESENTATIONSSUSTAINED BY, OR INFORMATION PERTAINING TO THE PROPERTY MADE ANY DAMAGE ASSESSED OR FURNISHED BY ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANTASSERTED AGAINST, OR ANY OTHER PERSON REPRESENTING LIABILITY INCURRED BY OR PURPORTING TO REPRESENT COUNTYIMPOSED ON SUCH OTHER PARTY OR ANY OTHER PERSON, EXCEPT AS AND TO INCLUDING ANY SUCH LIABILITY ARISING OUT OF OR IN CONNECTION WITH OR RESULTING FROM (I) THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY MANUFACTURE, USE, OFFER FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODESSALE, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULESSALE, OR REGULATIONS REGARDING RETROFITTING IMPORT OF ANY PRODUCTS OR PLUMBING FIXTURES). THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING PRACTICE OF THE TRANSACTION CONTEMPLATED BY CO-DEVELOPED SOFTWARE OR ANY SOFTWARE LICENSED UNDER THIS AGREEMENT; (II) THE USE OF OR ANY ERRORS OR OMISSIONS IN ANY SUCH CO-DEVELOPED SOFTWARE OR ANY SUCH SOFTWARE LICENSED UNDER THIS AGREEMENT; OR (III) ANY ADVERTISING OR OTHER PROMOTIONAL ACTIVITIES CONCERNING ANY OF THE FOREGOING.

Disclaimers. NOTWITHSTANDING ANYTHING EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT OR IN ANY DOCUMENT OR INSTRUMENT DELIVERED PURSUANT TO THE CONTRARY HEREINSECTION 5.4, PURCHASER IT IS PURCHASING THE PROPERTY "AS IS" UNDERSTOOD AND "WHERE IS," AGREED THAT SELLER IS NOT MAKING AND WITH ALL FAULTS. COUNTY IS MAKING NO HAS NOT AT ANY TIME MADE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR WARRANTIESCHARACTER, WHETHER EXPRESS EXPRESSED OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITYPROPERTY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OR REPRESENTATIONS AS TO HABITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE (OTHER THAN SELLER’S LIMITED WARRANTY OF TITLE TO BE SET FORTH IN THE SPECIAL WARRANTY DEED), ZONING, TAX CONSEQUENCES, LATENT OR PATENT PHYSICAL OR ENVIRONMENTAL CONDITION, UTILITIES, OPERATING HISTORY OR VALUE OF THE PROPERTYPROJECTIONS, THE INCOME OR EXPENSES FROM THE PROPERTYVALUATION, OR GOVERNMENTAL APPROVALS, THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING GOVERNMENTAL LAWS, THE TRUTH, ACCURACY OR FIRE CODES COMPLETENESS OF THE PROPERTY DOCUMENTS OR ANY OTHER LAWS INFORMATION PROVIDED BY OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY ON BEHALF OF HABITABILITY, SUITABILITY, MERCHANTABILITYSELLER TO BUYER, OR FITNESS FOR A PARTICULAR PURPOSEANY OTHER MATTER OR THING REGARDING THE PROPERTY. COUNTY BUYER ACKNOWLEDGES AND AGREES THAT UPON CLOSING SELLER SHALL SELL AND CONVEY TO BUYER AND BUYER SHALL ACCEPT THE PROPERTY “AS IS, WHERE IS, WITH ALL FAULTS”, EXCEPT TO THE EXTENT EXPRESSLY PROVIDED OTHERWISE IN THIS AGREEMENT. BUYER HAS NOT RELIED AND WILL NOT RELY ON, AND SELLER IS NOT LIABLE FOR OR BOUND BY BY, ANY GUARANTEESEXPRESSED OR IMPLIED WARRANTIES, PROMISESGUARANTIES, STATEMENTS, REPRESENTATIONS, REPRESENTATIONS OR INFORMATION PERTAINING TO THE PROPERTY OR RELATING THERETO (INCLUDING SPECIFICALLY, WITHOUT LIMITATION, PROPERTY INFORMATION PACKAGES DISTRIBUTED WITH RESPECT TO THE PROPERTY) MADE OR FURNISHED BY SELLER, THE MANAGER OF THE PROPERTY, OR ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, BROKER OR OTHER PERSON AGENT REPRESENTING OR PURPORTING TO REPRESENT COUNTYSELLER, EXCEPT TO WHOMEVER MADE OR GIVEN, DIRECTLY OR INDIRECTLY, ORALLY OR IN WRITING, UNLESS SPECIFICALLY SET FORTH IN THIS AGREEMENT. BUYER REPRESENTS TO SELLER THAT BUYER HAS CONDUCTED, OR WILL CONDUCT PRIOR TO CLOSING, SUCH INVESTIGATIONS OF THE PROPERTY, INCLUDING BUT NOT LIMITED TO, THE PHYSICAL AND ENVIRONMENTAL CONDITIONS THEREOF, AS AND BUYER DEEMS NECESSARY TO SATISFY ITSELF AS TO THE EXTENT CONDITION OF THE PROPERTY AND THE EXISTENCE OR NONEXISTENCE OR CURATIVE ACTION TO BE TAKEN WITH RESPECT TO ANY HAZARDOUS OR TOXIC SUBSTANCES ON OR DISCHARGED FROM THE PROPERTY, AND BUYER WILL RELY SOLELY UPON SAME AND NOT UPON ANY INFORMATION PROVIDED BY OR ON BEHALF OF SELLER OR ITS AGENTS OR EMPLOYEES WITH RESPECT THERETO, OTHER THAN SUCH REPRESENTATIONS, WARRANTIES AND COVENANTS OF SELLER AS ARE EXPRESSLY SET FORTH HEREININ THIS AGREEMENT. PURCHASER UPON CLOSING, BUYER SHALL ASSUME RESPONSIBILITY FOR THE RISK THAT ADVERSE MATTERS, INCLUDING BUT NOT LIMITED TO, CONSTRUCTION DEFECTS AND ADVERSE PHYSICAL AND ENVIRONMENTAL CONDITIONS, MAY NOT HAVE BEEN REVEALED BY BUYER’S INVESTIGATIONS, AND BUYER, UPON CLOSING, SHALL BE DEEMED TO HAVE WAIVED, RELINQUISHED AND RELEASED SELLER (AND SELLER’S OWNERS, MEMBERS, MANAGERS, PARTNERS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS) FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION (INCLUDING CAUSES OF ACTION IN TORT), LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL (INCLUDING ATTORNEYS’ FEES AND COURT COSTS) OF ANY AND EVERY KIND OR CHARACTER, KNOWN OR UNKNOWN, WHICH BUYER MIGHT HAVE ASSERTED OR ALLEGED AGAINST SELLER (AND ANY OF SELLER’S OWNERS, MEMBERS, MANAGERS, PARTNERS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS) AT ANY TIME BY REASON OF OR ARISING OUT OF ANY LATENT OR PATENT CONSTRUCTION DEFECTS OR PHYSICAL CONDITIONS, VIOLATIONS OF ANY APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS LAWS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT ANY ENVIRONMENTAL LAWS) AND ANY CODESAND ALL OTHER ACTS, MUNICIPAL ORDINANCESOMISSIONS, LAWSEVENTS, RULES, CIRCUMSTANCES OR REGULATIONS MATTERS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTPROPERTY.

Disclaimers. NOTWITHSTANDING ANYTHING TO EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT (WHICH EXCEPTION SHALL MODIFY ALL OF THE CONTRARY HEREINSTATEMENTS SET FORTH IN THIS SECTION 9.2), PURCHASER IT IS PURCHASING THE PROPERTY "AS IS" UNDERSTOOD AND "WHERE IS," AGREED THAT SELLER IS NOT MAKING AND WITH ALL FAULTS. COUNTY IS MAKING NO HAS NOT AT ANY TIME MADE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR WARRANTIESCHARACTER, WHETHER EXPRESS EXPRESSED OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITYPROPERTY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OR REPRESENTATIONS AS TO HABITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE (OTHER THAN SELLER'S LIMITED WARRANTY OF TITLE TO BE SET FORTH IN THE DEED), ZONING, TAX CONSEQUENCES, LATENT OR PATENT PHYSICAL OR ENVIRONMENTAL CONDITION, UTILITIES, OPERATING HISTORY OR VALUE OF THE PROPERTYPROJECTIONS, THE INCOME OR EXPENSES FROM THE PROPERTYVALUATION, OR GOVERNMENTAL APPROVALS, THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING GOVERNMENTAL LAWS, THE TRUTH, ACCURACY OR FIRE CODES COMPLETENESS OF THE PROPERTY DOCUMENTS OR ANY OTHER LAWS INFORMATION PROVIDED BY OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY ON BEHALF OF HABITABILITY, SUITABILITY, MERCHANTABILITYSELLER TO PURCHASER, OR FITNESS FOR A PARTICULAR PURPOSEANY OTHER MATTER OR THING REGARDING THE PROPERTY. COUNTY PURCHASER ACKNOWLEDGES AND AGREES THAT UPON CLOSING SELLER SHALL SELL AND CONVEY TO PURCHASER AND PURCHASER SHALL ACCEPT THE PROPERTY "AS IS, WHERE IS, WITH ALL FAULTS", EXCEPT TO THE EXTENT EXPRESSLY PROVIDED OTHERWISE IN THIS AGREEMENT. PURCHASER HAS NOT RELIED AND WILL NOT RELY ON, AND SELLER IS NOT LIABLE FOR OR BOUND BY BY, ANY GUARANTEESEXPRESSED OR IMPLIED WARRANTIES, PROMISESGUARANTIES, STATEMENTS, REPRESENTATIONS, REPRESENTATIONS OR INFORMATION PERTAINING TO THE PROPERTY OR RELATING THERETO (INCLUDING SPECIFICALLY, WITHOUT LIMITATION, PROPERTY INFORMATION PACKAGES DISTRIBUTED WITH RESPECT TO THE PROPERTY) MADE OR FURNISHED BY SELLER, THE MANAGER OF THE PROPERTY, OR ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, BROKER OR OTHER PERSON AGENT REPRESENTING OR PURPORTING TO REPRESENT COUNTYSELLER, EXCEPT TO WHOMEVER MADE OR GIVEN, DIRECTLY OR INDIRECTLY, ORALLY OR IN WRITING, UNLESS SPECIFICALLY SET FORTH IN THIS AGREEMENT. PURCHASER REPRESENTS TO SELLER THAT PURCHASER HAS CONDUCTED, OR WILL CONDUCT PRIOR TO CLOSING, SUCH INVESTIGATIONS OF THE PROPERTY, INCLUDING BUT NOT LIMITED TO, THE PHYSICAL AND ENVIRONMENTAL CONDITIONS THEREOF, AS AND PURCHASER DEEMS NECESSARY TO SATISFY ITSELF AS TO THE EXTENT CONDITION OF THE PROPERTY AND THE EXISTENCE OR NONEXISTENCE OR CURATIVE ACTION TO BE TAKEN WITH RESPECT TO ANY HAZARDOUS OR TOXIC SUBSTANCES ON OR DISCHARGED FROM THE PROPERTY, AND WILL RELY SOLELY UPON SAME AND NOT UPON ANY INFORMATION PROVIDED BY OR ON BEHALF OF SELLER OR ITS AGENTS OR EMPLOYEES WITH RESPECT THERETO, OTHER THAN SUCH REPRESENTATIONS, WARRANTIES AND COVENANTS OF SELLER AS ARE EXPRESSLY SET FORTH HEREININ THIS AGREEMENT. UPON CLOSING, PURCHASER SHALL ASSUME RESPONSIBILITY FOR (AS BETWEEN PURCHASER AND SELLER) THE RISK THAT ADVERSE MATTERS, INCLUDING BUT NOT LIMITED TO, CONSTRUCTION DEFECTS AND ADVERSE PHYSICAL AND ENVIRONMENTAL CONDITIONS, MAY NOT HAVE BEEN REVEALED BY PURCHASER'S INVESTIGATIONS, AND PURCHASER, UPON CLOSING, SHALL BE DEEMED TO HAVE WAIVED, RELINQUISHED AND RELEASED SELLER (AND SELLER'S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS) FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION (INCLUDING CAUSES OF ACTION IN TORT), LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL (INCLUDING ATTORNEYS' FEES AND COURT COSTS) OF ANY AND EVERY KIND OR CHARACTER, KNOWN OR UNKNOWN, WHICH PURCHASER MIGHT HAVE ASSERTED OR ALLEGED AGAINST SELLER (AND SELLER'S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS) AT ANY TIME BY REASON OF OR ARISING OUT OF ANY LATENT OR PATENT CONSTRUCTION DEFECTS OR PHYSICAL CONDITIONS, VIOLATIONS OF ANY APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS LAWS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT ANY ENVIRONMENTAL LAWS) AND ANY CODESAND ALL OTHER ACTS, MUNICIPAL ORDINANCESOMISSIONS, LAWSEVENTS, RULESCIRCUMSTANCES OR MATTERS REGARDING THE PROPERTY, EXCEPT FOR A VIOLATION OF A REPRESENTATION OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED WARRANTY MADE BY SELLER IN THIS AGREEMENT.. PURCHASER AGREES THAT SHOULD ANY CLEANUP, REMEDIATION OR REMOVAL OF HAZARDOUS SUBSTANCES OR OTHER ENVIRONMENTAL CONDITIONS ON THE PROPERTY BE REQUIRED AFTER THE DATE OF CLOSING, SELLER SHALL HAVE NO RESPONSIBILITY TO PURCHASER FOR THE COST OR EXPENSE OF SUCH CLEAN-UP, REMOVAL OR REMEDIATION. 65535RT65535CLE XMISCELLANEOUS

Disclaimers. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, PURCHASER SERVICE IS PURCHASING THE PROPERTY "PROVIDED “AS IS" ” AND "WHERE IS," AND “WITH ALL FAULTS. COUNTY IS MAKING NO REPRESENTATIONS OR WARRANTIES” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EITHER EXPRESS OR IMPLIED, BY OPERATION AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF LAW OR OTHERWISETITLE, WITH RESPECT TO THE QUALITYNON- INFRINGEMENT, PHYSICAL CONDITIONACCURACY, OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITYCOMPLETENESS, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. COUNTY IS NOT LIABLE OR BOUND BY , ANY GUARANTEESWARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, PROMISES, STATEMENTS, REPRESENTATIONSCOURSE OF PERFORMANCE, OR INFORMATION PERTAINING USAGE OF TRADE, AND ANY WARRANTIES THAT THE SERVICE IS CURRENT AND/OR UP-TO-DATE, ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED TO THE PROPERTY MADE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. THERE IS NO WARRANTY, REPRESENTATION, OR FURNISHED BY GUARANTEE THAT THE SERVICE, OR YOUR USE OF THE SERVICE, WILL BE UNINTERRUPTED, COMPLETE, ACCURATE, CURRENT, RELIABLE, ERROR-FREE, SECURE, OR THAT ANY REAL ESTATE AGENTPROBLEMS WILL BE CORRECTED, BROKEROR THAT THE SERVICE, EMPLOYEEOR ANY INFORMATION, SERVANTSOFTWARE, OR OTHER PERSON REPRESENTING MATERIAL ACCESSIBLE FROM THE SERVICE, IS FREE OF VIRUSES OR PURPORTING TO REPRESENT COUNTYOTHER HARMFUL COMPONENTS. WE DO NOT WARRANT, EXCEPT AS GUARANTEE, OR MAKE ANY REPRESENTATION REGARDING THE USE OF, OR THE RESULTS OF THE USE OF, THE SERVICE AND TO YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCESSERVICE, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTYOUR RELIANCE THEREON.

Disclaimers. NOTWITHSTANDING ANYTHING ANY AND ALL INFORMATION, MATERIALS, SERVICES, INTELLECTUAL PROPERTY AND OTHER PROPERTY AND RIGHTS GRANTED AND/OR PROVIDED PURSUANT TO THE CONTRARY HEREINTHIS AGREEMENT (INCLUDING ANY STUDENT WORK PRODUCT), PURCHASER IS PURCHASING THE PROPERTY ARE GRANTED AND/OR PROVIDED ON AN "AS IS" AND "WHERE IS," AND WITH ALL FAULTSBASIS. COUNTY IS MAKING NO REPRESENTATIONS OR WARRANTIESPARTY MAKES ANY WARRANTIES OF ANY KIND, WHETHER EITHER EXPRESS OR IMPLIED, REGARDING ANY MATERIALS PROVIDED BY OPERATION IT, AND ALL SUCH WARRANTIES, INCLUDING WARRANTIES OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION, OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED. COUNTY IS NOT LIABLE WITHOUT LIMITING THE GENERAL NATURE OF THE PRIOR SENTENCE, NEITHER CARNEGIE MELLON NOR ANY STUDENT MAKES ANY WARRANTY OF ANY KIND RELATING TO EXCLUSIVITY, INFORMATIONAL CONTENT, ERROR-FREE OPERATION, RESULTS TO BE OBTAINED FROM USE, FREEDOM FROM PATENT, TRADEMARK AND COPYRIGHT INFRINGEMENT AND/OR BOUND BY ANY GUARANTEES, PROMISES, STATEMENTS, REPRESENTATIONS, OR INFORMATION PERTAINING FREEDOM FROM THEFT OF TRADE SECRETS WITH RESPECT TO THE STUDENT WORK PRODUCT. COURSE SPONSOR IS PROHIBITED FROM MAKING ANY EXPRESS OR IMPLIED WARRANTY TO ANY THIRD PARTY ON BEHALF OF CARNEGIE MELLON OR ANY STUDENT RELATING TO ANY MATTER, INCLUDING THE APPLICATION OF OR THE RESULTS TO BE OBTAINED FROM THE INFORMATION, MATERIALS, SERVICES, INTELLECTUAL PROPERTY MADE OR FURNISHED BY ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, OR OTHER PERSON REPRESENTING PROPERTY OR PURPORTING RIGHTS GRANTED AND/OR PROVIDED TO REPRESENT COUNTY, EXCEPT AS AND IT PURSUANT TO THIS AGREEMENT. NEITHER CARNEGIE MELLON NOR ANY STUDENT SHALL BE LIABLE TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY COURSE SPONSOR OR ANY THIRD PARTY FOR ALL COSTS AND EXPENSES REQUIRED LOSS OF PROFITS OR FOR INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES FOR ANY REASON WHATSOVER ARISING OUT OF OR RELATING TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND INCLUDING ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS BREACH OF THIS PARAGRAPH SHALL SURVIVE AGREEMENT), EVEN IF CARNEGIE MELLON OR THE CLOSING STUDENT HAS BEEN ADVISED OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTPOSSIBILITY OF SUCH DAMAGES OR HAS OR GAINS KNOWLEDGE OF THE EXISTENCE OF SUCH DAMAGES.

Disclaimers. NOTWITHSTANDING ANYTHING EXCEPT FOR THE WARRANTIES PROVIDED IN THIS SECTION 9 AND TO THE CONTRARY HEREINMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PURCHASER IS PURCHASING CUSTOMER ACKNOWLEDGES THAT THE PROPERTY "PRODUCTS, AND THIRD-PARTY CONTENT ARE PROVIDED “AS IS" ” AND "WHERE IS," AND “WITH ALL FAULTS. COUNTY IS MAKING NO REPRESENTATIONS OR ,” AND SUPPLIER DISCLAIMS ALL OTHER WARRANTIES, WHETHER REPRESENTATIONS, GUARANTEES OR CONDITIONS, EXPRESS OR IMPLIED, BY OPERATION INCLUDING THE IMPLIED WARRANTY AND CONDITION OF LAW OR OTHERWISE, WITH RESPECT TO THE MERCHANTABLE QUALITY, PHYSICAL CONDITION, OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR THE USE OF REASONABLE SKILL AND CARE. COUNTY IS WITHOUT LIMITING THE GENERALITY OF THE FOREGOING: (1) SUPPLIER DOES NOT LIABLE WARRANT THAT THE PRODUCTS WILL MEET ALL OF CUSTOMER’S REQUIREMENTS OR BOUND BY ANY GUARANTEESEXPECTATIONS, PROMISES, STATEMENTSOR THAT THEIR OPERATION WILL BE UNINTERRUPTED OR ERROR FREE; (2) SUPPLIER MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, GUARANTEES OR INFORMATION PERTAINING CONDITIONS WITH RESPECT TO ANY THIRD-PARTY CONTENT PROVIDED WITH OR AS PART OF THE PROPERTY MADE PRODUCTS; AND (3) SUPPLIER DISCLAIMS ALL LIABILITY FOR ANY THIRD PARTY’S PRIVACY OR FURNISHED DATA SECURITY PRACTICES. SUPPLIER’S LIMITED WARRANTIES DO NOT APPLY TO ANY PRODUCT WHICH HAS BEEN MODIFIED OR ALTERED IN ANY MANNER BY ANY REAL ESTATE AGENTANYONE OTHER THAN SUPPLIER, BROKER, EMPLOYEE, SERVANTITS AFFILIATES, OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT COUNTYITS PERSONNEL. Some jurisdictions may not allow the exclusion of certain or any express or implied warranties, EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH HEREINrepresentations, guarantees, or conditions, so the above disclaimers many not apply to Customer. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODESNothing in the Agreement excludes, MUNICIPAL ORDINANCESrestricts, AND OTHER LAWSor modifies any right or remedy, RULESor any guarantee, AND REGULATIONS (INCLUDINGrepresentation, WITHOUT LIMITATIONwarranty, THE AMERICANS WITH DISABILITIES ACT AND ANY CODEScondition or other term, MUNICIPAL ORDINANCESimplied or imposed by any applicable law which cannot lawfully be excluded or limited. The Parties agree that it is Customer’s responsibility to determine if the Products are suitable for Customer’s requirements. No other terms, LAWSconditions, RULESrepresentations, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTwarranties or guarantees, whether written or oral, express or implied, will form a part of the Agreement or have any legal effect whatsoever.

Disclaimers. NOTWITHSTANDING ANYTHING TO EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT AND THE CONTRARY HEREINLEASE, PURCHASER IT IS PURCHASING THE PROPERTY "AS IS" UNDERSTOOD AND "WHERE IS," AGREED THAT SELLER IS NOT MAKING AND WITH ALL FAULTS. COUNTY IS MAKING NO HAS NOT AT ANY TIME MADE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR WARRANTIESCHARACTER, WHETHER EXPRESS EXPRESSED OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITYPROPERTY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OR REPRESENTATIONS AS TO HABITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE (OTHER THAN SELLER'S LIMITED WARRANTY OF TITLE TO BE SET FORTH IN THE DEED), ZONING, TAX CONSEQUENCES, LATENT OR PATENT PHYSICAL OR ENVIRONMENTAL CONDITION, UTILITIES, OPERATING HISTORY OR VALUE OF THE PROPERTYPROJECTIONS, THE INCOME OR EXPENSES FROM THE PROPERTYVALUATION, OR GOVERNMENTAL APPROVALS, THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING GOVERNMENTAL LAWS, THE TRUTH, ACCURACY OR FIRE CODES COMPLETENESS OF THE PROPERTY DOCUMENTS OR ANY OTHER LAWS INFORMATION PROVIDED BY OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY ON BEHALF OF HABITABILITY, SUITABILITY, MERCHANTABILITYSELLER TO PURCHASER, OR FITNESS FOR A PARTICULAR PURPOSEANY OTHER MATTER OR THING REGARDING THE PROPERTY. COUNTY PURCHASER ACKNOWLEDGES AND AGREES THAT UPON CLOSING SELLER SHALL SELL AND CONVEY TO PURCHASER AND PURCHASER SHALL ACCEPT THE PROPERTY "AS IS, WHERE IS, WITH ALL FAULTS", EXCEPT TO THE EXTENT EXPRESSLY PROVIDED OTHERWISE IN THIS AGREEMENT OR THE LEASE. PURCHASER HAS NOT RELIED AND WILL NOT RELY ON, AND SELLER IS NOT LIABLE FOR OR BOUND BY BY, ANY GUARANTEESEXPRESSED OR IMPLIED WARRANTIES, PROMISESGUARANTIES, STATEMENTS, REPRESENTATIONS, REPRESENTATIONS OR INFORMATION PERTAINING TO THE PROPERTY OR RELATING THERETO (INCLUDING SPECIFICALLY, WITHOUT LIMITATION, PROPERTY INFORMATION PACKAGES DISTRIBUTED WITH RESPECT TO THE PROPERTY) MADE OR FURNISHED BY SELLER OR ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, PERSON OR OTHER PERSON ENTITY REPRESENTING OR PURPORTING TO REPRESENT COUNTYSELLER, EXCEPT TO WHOMEVER MADE OR GIVEN, DIRECTLY OR INDIRECTLY, ORALLY OR IN WRITING, UNLESS SPECIFICALLY SET FORTH IN THIS AGREEMENT. PURCHASER REPRESENTS TO SELLER THAT PURCHASER HAS CONDUCTED, OR WILL CONDUCT PRIOR TO CLOSING, SUCH INVESTIGATIONS OF THE PROPERTY, INCLUDING BUT NOT LIMITED TO, THE PHYSICAL AND ENVIRONMENTAL CONDITIONS THEREOF, AS AND PURCHASER DEEMS NECESSARY TO SATISFY ITSELF AS TO THE EXTENT CONDITION OF THE PROPERTY AND THE EXISTENCE OR NONEXISTENCE OR CURATIVE ACTION TO BE TAKEN WITH RESPECT TO ANY HAZARDOUS OR TOXIC SUBSTANCES ON OR DISCHARGED FROM THE PROPERTY, AND WILL RELY SOLELY UPON SAME AND NOT UPON ANY INFORMATION PROVIDED BY OR ON BEHALF OF SELLER OR ITS AGENTS OR EMPLOYEES WITH RESPECT THERETO, OTHER THAN SUCH REPRESENTATIONS, WARRANTIES AND COVENANTS OF SELLER AS ARE EXPRESSLY SET FORTH HEREININ THIS AGREEMENT. EXCEPT AS SET FORTH IN THE LEASE AND AS TO ANY ENVIRONMENTAL CONDITIONS CREATED BY SELLER, UPON CLOSING, PURCHASER SHALL ASSUME RESPONSIBILITY FOR THE RISK THAT ADVERSE MATTERS, INCLUDING BUT NOT LIMITED TO, CONSTRUCTION DEFECTS AND ADVERSE PHYSICAL AND ENVIRONMENTAL CONDITIONS, MAY NOT HAVE BEEN REVEALED BY PURCHASER'S INVESTIGATIONS, AND PURCHASER, UPON CLOSING, SHALL BE DEEMED TO HAVE WAIVED, RELINQUISHED AND RELEASED SELLER (AND SELLER'S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS) FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION (INCLUDING CAUSES OF ACTION IN TORT), LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL (INCLUDING ATTORNEYS' FEES AND COURT COSTS) OF ANY AND EVERY KIND OR CHARACTER, KNOWN OR UNKNOWN, WHICH PURCHASER MIGHT HAVE ASSERTED OR ALLEGED AGAINST SELLER (AND SELLER'S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS) AT ANY TIME BY REASON OF OR ARISING OUT OF ANY LATENT OR PATENT CONSTRUCTION DEFECTS OR PHYSICAL CONDITIONS, VIOLATIONS OF ANY APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS LAWS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT ANY ENVIRONMENTAL LAWS) AND ANY CODESAND ALL OTHER ACTS, MUNICIPAL ORDINANCESOMISSIONS, LAWSEVENTS, RULES, CIRCUMSTANCES OR REGULATIONS MATTERS REGARDING RETROFITTING OR PLUMBING FIXTURES)THE PROPERTY. AS PART OF THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE SECTION 9.2, BUT NOT AS A LIMITATION THEREON, PURCHASER HEREBY AGREES, REPRESENTS AND WARRANTS THAT THE CLOSING MATTERS RELEASED HEREIN ARE NOT LIMITED TO MATTERS WHICH ARE KNOWN OR DISCLOSED, AND PURCHASER HEREBY WAIVES ANY AND ALL RIGHTS AND BENEFITS WHICH IT NOW HAS, OR IN THE FUTURE MAY HAVE CONFERRED UPON IT, BY VIRTUE OF THE TRANSACTION CONTEMPLATED PROVISIONS OF FEDERAL, STATE OR LOCAL LAW, RULES OF REGULATIONS, INCLUDING WITHOUT LIMITATION, SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. NOTWITHSTANDING THE FOREGOING, THIS AGREEMENTSECTION 9.2 SHALL NOT AFFECT ANY RIGHTS OF PURCHASER AS LANDLORD UNDER THE LEASE.

Disclaimers. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREINEXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT: IT IS UNDERSTOOD AND AGREED THAT SELLER IS NOT MAKING AND HAS NOT AT ANY TIME MADE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR CHARACTER, PURCHASER IS PURCHASING THE PROPERTY "AS IS" AND "WHERE IS," AND WITH ALL FAULTS. COUNTY IS MAKING NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS EXPRESSED OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITYPROPERTY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OR REPRESENTATIONS AS TO HABITABILITY, MERCHANTABILITY, PROFITABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ZONING, TAX CONSEQUENCES, LATENT OR PATENT PHYSICAL OR ENVIRONMENTAL CONDITION, UTILITIES, OPERATING HISTORY OR VALUE OF THE PROPERTYPROJECTIONS, THE INCOME OR EXPENSES FROM THE PROPERTYVALUATION, OR GOVERNMENTAL APPROVALS, THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING GOVERNMENTAL LAWS, THE TRUTH, ACCURACY OR FIRE CODES COMPLETENESS OF THE PROPERTY DOCUMENTS OR ANY OTHER LAWS INFORMATION PROVIDED BY OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY ON BEHALF OF HABITABILITY, SUITABILITY, MERCHANTABILITYSELLER TO PURCHASER, OR FITNESS FOR A PARTICULAR PURPOSEANY OTHER MATTER OR THING REGARDING THE PROPERTY. COUNTY PURCHASER ACKNOWLEDGES AND AGREES THAT UPON CLOSING SELLER SHALL SELL AND CONVEY TO PURCHASER AND PURCHASER SHALL ACCEPT THE PROPERTY “AS IS, WHERE IS, WITH ALL FAULTS”, EXCEPT TO THE EXTENT EXPRESSLY PROVIDED OTHERWISE IN THIS AGREEMENT. PURCHASER HAS NOT RELIED AND WILL NOT RELY ON, AND SELLER IS NOT LIABLE FOR OR BOUND BY BY, ANY GUARANTEESEXPRESSED OR IMPLIED WARRANTIES, PROMISESGUARANTIES, STATEMENTS, REPRESENTATIONS, REPRESENTATIONS OR INFORMATION PERTAINING TO THE PROPERTY OR RELATING THERETO (INCLUDING SPECIFICALLY, WITHOUT LIMITATION, PROPERTY INFORMATION PACKAGES DISTRIBUTED WITH RESPECT TO THE PROPERTY AND ANY ACTUAL OR PROPOSED BUDGETS FOR THE REAL PROPERTY) MADE OR FURNISHED BY SELLER, THE MANAGER OF THE PROPERTY, OR ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, BROKER OR OTHER PERSON AGENT REPRESENTING OR PURPORTING TO REPRESENT COUNTYSELLER, EXCEPT TO WHOMEVER MADE OR GIVEN, DIRECTLY OR INDIRECTLY, ORALLY OR IN WRITING, UNLESS SPECIFICALLY SET FORTH IN THIS AGREEMENT. PURCHASER REPRESENTS TO SELLER THAT PURCHASER IS A SOPHISTICATED INSTITUTIONAL INVESTOR WITH SUBSTANTIAL EXPERIENCE AND EXPERTISE WITH INVESTMENT PROPERTIES AND HAS CONDUCTED, OR WILL CONDUCT PRIOR TO CLOSING, SUCH INVESTIGATIONS OF THE PROPERTY, INCLUDING BUT NOT LIMITED TO, THE PHYSICAL AND ENVIRONMENTAL CONDITIONS THEREOF, AS AND PURCHASER DEEMS NECESSARY TO SATISFY ITSELF AS TO THE EXTENT CONDITION OF THE PROPERTY AND THE EXISTENCE OR NONEXISTENCE OR CURATIVE ACTION TO BE TAKEN WITH RESPECT TO ANY HAZARDOUS OR TOXIC SUBSTANCES ON OR DISCHARGED FROM THE PROPERTY, AND WILL RELY SOLELY UPON SAME AND NOT UPON ANY INFORMATION PROVIDED BY OR ON BEHALF OF SELLER OR ITS AGENTS OR EMPLOYEES WITH RESPECT THERETO, OTHER THAN SUCH REPRESENTATIONS, WARRANTIES AND COVENANTS OF SELLER AS ARE EXPRESSLY SET FORTH HEREININ THIS AGREEMENT AND THE DOCUMENTS DELIVERED AT CLOSING. UPON CLOSING AND SUBJECT TO THE REPRESENTATIONS AND WARRANTIES OF SELLER EXPRESSLY SET FORTH IN THIS AGREEMENT AND THE DOCUMENTS DELIVERED AT CLOSING, PURCHASER SHALL ASSUME RESPONSIBILITY FOR THE RISK THAT ADVERSE MATTERS, INCLUDING BUT NOT LIMITED TO, CONSTRUCTION DEFECTS AND ADVERSE PHYSICAL AND ENVIRONMENTAL CONDITIONS, MAY NOT HAVE BEEN REVEALED BY PURCHASER’S INVESTIGATIONS, AND PURCHASER, UPON CLOSING, SHALL BE DEEMED TO HAVE WAIVED, RELINQUISHED AND RELEASED SELLER (AND SELLER’S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS) FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION (INCLUDING CAUSES OF ACTION IN TORT), LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES REQUIRED (INCLUDING ATTORNEYS’ FEES AND COURT COSTS) OF ANY AND EVERY KIND OR CHARACTER, KNOWN OR UNKNOWN, WHICH PURCHASER MIGHT HAVE ASSERTED OR ALLEGED AGAINST SELLER (AND SELLER’S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS) AT ANY TIME BY REASON OF OR ARISING OUT OF ANY LATENT OR PATENT CONSTRUCTION DEFECTS OR PHYSICAL CONDITIONS, VIOLATIONS OF ANY APPLICABLE LAWS RELATING TO CAUSE THE CONDITION OF THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT ANY ENVIRONMENTAL LAWS) AND ANY CODESAND ALL OTHER ACTS, MUNICIPAL ORDINANCESOMISSIONS, LAWSEVENTS, RULESCIRCUMSTANCES OR MATTERS REGARDING THE PROPERTY EXCEPT FOR FRAUD AND OBLIGATIONS OF SELLER UNDER THIS AGREEMENT OR ANY AGREEMENTS EXECUTED AND DELIVERED BY SELLER AT CLOSING. PURCHASER AGREES THAT SHOULD ANY CLEANUP, REMEDIATION OR REGULATIONS REGARDING RETROFITTING REMOVAL OF HAZARDOUS SUBSTANCES OR PLUMBING FIXTURES). OTHER ENVIRONMENTAL CONDITIONS ON THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE PROPERTY BE REQUIRED AFTER THE CLOSING DATE, SUCH CLEAN-UP, REMOVAL OR REMEDIATION SHALL BE THE RESPONSIBILITY OF AND SHALL BE PERFORMED AT THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTSOLE COST AND EXPENSE OF PURCHASER. The waivers and releases set forth in Sections 5.5(a) and 5.5(b) and in the immediately preceding paragraph include claims of which Purchaser is presently unaware or which Purchaser does not presently suspect to exist which, if known by Purchaser, would materially affect Purchaser’s waiver or release of Seller and the other parties referenced in this Section.

Disclaimers. NOTWITHSTANDING ANYTHING TO ACCORDINGLY, EXCEPT FOR THE CONTRARY HEREINSELLER REPRESENTATIONS, PURCHASER IT IS PURCHASING THE PROPERTY "AS IS" UNDERSTOOD AND "WHERE IS," AND WITH ALL FAULTS. COUNTY AGREED THAT NO SELLER ENTITY IS MAKING NO AND HAS NOT AT ANY TIME MADE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR WARRANTIESCHARACTER, WHETHER EXPRESS EXPRESSED OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITYPROPERTIES, PHYSICAL CONDITIONINCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF REPRESENTATIONS AS TO HABITABILITY, SUITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, ZONING, TAX CONSEQUENCES, LATENT OR PATENT PHYSICAL OR ENVIRONMENTAL CONDITION, UTILITIES, OPERATING HISTORY OR PROJECTIONS, VALUATION, GOVERNMENTAL APPROVALS, THE COMPLIANCE OF ANY OF THE PROPERTIES WITH GOVERNMENTAL LAWS, THE TRUTH, ACCURACY OR COMPLETENESS OF THE DUE DILIGENCE INFORMATION OR ANY OTHER INFORMATION PROVIDED BY OR ON BEHALF OF SELLERS TO PURCHASER, OR ANY OTHER MATTER OR THING REGARDING THE PROPERTIES. COUNTY IS PURCHASER ACKNOWLEDGES AND AGREES THAT, UPON CLOSING, EACH SELLER ENTITY SHALL SELL AND CONVEY TO PURCHASER (AND PURCHASER SHALL ACCEPT) EACH PROPERTY “AS IS, WHERE IS, WITH ALL FAULTS”, EXCEPT TO THE EXTENT EXPRESSLY PROVIDED IN THE SELLER REPRESENTATIONS. PURCHASER HAS NOT RELIED AND WILL NOT RELY ON, AND NO SELLER ENTITY SHALL BE LIABLE FOR OR BOUND BY BY, ANY GUARANTEESEXPRESSED OR IMPLIED WARRANTIES, PROMISESGUARANTIES, STATEMENTS, REPRESENTATIONS, REPRESENTATIONS OR INFORMATION PERTAINING TO THE PROPERTY PROPERTIES OR RELATING THERETO (INCLUDING SPECIFICALLY, WITHOUT LIMITATION, DUE DILIGENCE INFORMATION PACKAGES DISTRIBUTED WITH RESPECT TO THE PROPERTIES) MADE OR FURNISHED BY SELLERS, THE PROPERTY MANAGER, BROKER OR ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT COUNTYSELLERS, EXCEPT TO WHOMEVER MADE OR GIVEN, DIRECTLY OR INDIRECTLY, ORALLY OR IN WRITING, UNLESS SPECIFICALLY SET FORTH IN THE SELLER REPRESENTATIONS. PURCHASER REPRESENTS TO SELLERS THAT PURCHASER HAS CONDUCTED, OR WILL CONDUCT PRIOR TO CLOSING, SUCH INVESTIGATIONS OF THE PROPERTIES, INCLUDING BUT NOT LIMITED TO, THE PHYSICAL AND ENVIRONMENTAL CONDITIONS THEREOF, AS AND PURCHASER DEEMS NECESSARY TO SATISFY ITSELF AS TO THE EXTENT EXPRESSLY SET FORTH HEREINCONDITION OF THE PROPERTIES AND THE EXISTENCE OR NONEXISTENCE OR CURATIVE ACTION TO BE TAKEN WITH RESPECT TO ANY HAZARDOUS OR TOXIC SUBSTANCES ON OR DISCHARGED FROM THE PROPERTIES, AND WILL RELY SOLELY UPON SAME AND NOT UPON ANY INFORMATION PROVIDED BY OR ON BEHALF OF SELLERS OR ITS AGENTS OR EMPLOYEES WITH RESPECT THERETO. UPON CLOSING, PURCHASER SHALL ASSUME RESPONSIBILITY FOR ACQUIRE THE PROPERTIES SUBJECT TO THE RISK THAT ADVERSE MATTERS, INCLUDING BUT NOT LIMITED TO, CONSTRUCTION DEFECTS AND ADVERSE PHYSICAL AND ENVIRONMENTAL CONDITIONS, MAY NOT HAVE BEEN REVEALED BY PURCHASER’S INVESTIGATIONS, AND PURCHASER, UPON CLOSING, SHALL BE DEEMED TO HAVE WAIVED, RELINQUISHED AND RELEASED ALL OF THE SELLER ENTITIES (AND THE OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, EMPLOYEES AND AGENTS OF EACH SELLER ENTITY) FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION (INCLUDING CAUSES OF ACTION IN TORT), LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES REQUIRED TO CAUSE (INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS) OF ANY AND EVERY KIND OR CHARACTER, KNOWN OR UNKNOWN, WHICH PURCHASER MIGHT HAVE ASSERTED OR ALLEGED AGAINST ANY SELLER ENTITY (OR ANY OF THE OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, EMPLOYEES AND AGENTS OF ANY SELLER ENTITY) OR PROPERTY TO COMPLY WITH ALL MANAGER AT ANY TIME BY REASON OF OR ARISING OUT OF ANY LATENT OR PATENT CONSTRUCTION DEFECTS OR PHYSICAL CONDITIONS, VIOLATIONS OF ANY APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS LAWS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, ENVIRONMENTAL LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). PURCHASER AGREES THAT SHOULD ANY CLEANUP, REMEDIATION OR REMOVAL OF HAZARDOUS MATERIALS OR OTHER ENVIRONMENTAL CONDITIONS ON THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE PROPERTIES BE REQUIRED AFTER THE CLOSING DATE, PURCHASER HEREBY WAIVES ANY RIGHT TO PURSUE ANY ACTION AGAINST ANY OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTSELLER ENTITIES (OR ANY OF THE OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, EMPLOYEES AND AGENTS OF ANY SELLER ENTITY) WITH RESPECT TO SUCH CLEAN-UP, REMOVAL OR REMEDIATION.

Disclaimers. NOTWITHSTANDING ANYTHING ELECTRONIC TRANSMISSIONS, INCLUDING THE INTERNET, ARE PUBLIC MEDIA, AND ANY USE OF SUCH MEDIA IS PUBLIC AND NOT PRIVATE. INFORMATION RELATED TO THE CONTRARY HEREINOR ARISING FROM SUCH USE IS PUBLIC, PURCHASER IS PURCHASING OR THE PROPERTY OF THOSE COLLECTING INFORMATION, AND NOT PERSONAL OR PRIVATE INFORMATION. YOU AGREE THAT YOU USE THE SITE AT YOUR OWN RISK. THE CONTENT, SERVICES AND MATERIALS IN THE SITE ARE PROVIDED "AS IS" AND ON AN "WHERE IS,AS AVAILABLE" AND WITH ALL FAULTS. COUNTY IS MAKING NO BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY. WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS REGARDING THE ACCURACY, RELIABILITY, USEFULNESS OR COMPLETENESS OF THE SERVICES, CONTENT OR MATERIALS IN THE SITE OR ANY SITE LINKED TO IT. TO THE MAXIMUM EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, BY OPERATION INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTI_ ES- OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION, OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, DESIGN, ACCURACY, CAPABILITY, SUFFICIENCY, SUITABILITY, CAPACITY, COMPLETENESS, AVAILABILITY, COMPATIBILITY OR ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. COUNTY IS WE DO NOT LIABLE WARRANT THAT THE SITE OR BOUND BY ANY GUARANTEESTHE SERVICES, PROMISESCONTENT, STATEMENTSMATERIALS OR FUNCTIONS CONTAINED IN THE SITE WILL BE CONTINUOUSLY AVAILABLE, REPRESENTATIONSUNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, SERVICES, CONTENT, MATERIALS OR THE SERVERS THAT MAKE THE SITE OR SUCH SERVICES, CONTENT AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ARE ACCURATE OR COMPLETE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, CONTENT, MATERIALS, FUNCTIONS OR PRODUCTS AVAILABLE THROUGH THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. In the event we are held liable for any damages related to such matters, your sole and exclusive remedy will be limited to reimbursement for services or products paid by you to the entity held liable which were not provided by such entity. You hereby waive any and all rights to bring any claim or action related to such matters in any forum beyond one (1) year after the first occurrence of the kind of act, event, condition or omission upon which the claim or action is based. We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from the Site, including without limitation the Reservation Web Site. We cannot ensure that you will be satisfied with any products or services that you purchase from the Site or from a third-party site that links to or from the Site or third party content on the Site. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against the Indemnified Parties with respect to such sites and third party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. The Indemnified Parties are not responsible for telephone, electric, electronic, network, Internet, computer, hardware or software program malfunctions, failures, delays or difficulties, or late, lost, stolen, illegible, incomplete, garbled, misdirected, mutilated or postage due mail, e-mail, form postings, connections, messages or entries, or the security of any and all such matters. Further, the Indemnified Parties are not responsible for incorrect or inaccurate entry information, whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Site or by any technical or human error which may occur in the processing of any information related to the Site. We may prohibit you from participating in or utilizing the Site if in our sole and absolute discretion you show a disregard for this Agreement or act in an unprofessional manner, with the intent to annoy, abuse, threaten, or harass any other person, or in any other disruptive manner. We also reserve the right to refuse service, terminate accounts, remove or edit content or cancel orders in our sole and absolute discretion. If for any reason any portion of the Site is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the reasonable control of Company which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Site, we reserve the right (but not the obligation) in our sole and absolute discretion, to prohibit you and any member, buyer or supplier (and all of your and their Information) from using the Site, and to cancel, terminate, modify or suspend the Site or any portion thereof and void such Information. You also agree that the Indemnified Parties are not responsible or liable in any way for injury, loss or damage to your computer or interception or use of credit card information, related to or resulting from use of the Site or any sites, services or materials linked or related thereto or therefrom, whether the Reservation Web Site or otherwise, and also are not responsible or liable in any way for any injury, loss, claim or damage relating to or resulting from any part of the Site operating or not operating on computers or networks used by you or communicating with such computers or networks. To the extent we list or link to third party products or services, our site acts as the venue for suppliers to sell products and services (or, as appropriate, solicit offers to buy) and buyers to purchase such products and services. We are not involved in the actual transaction between buyers and suppliers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of suppliers to sell items or the ability of buyers to buy items. We cannot ensure that a buyer or supplier will actually complete a transaction. We do not control the information provided by other users which is made available through the Site. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Site. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretense. Although we intend that product descriptions contained in the Site be current and accurate, we make no warranty or representation that descriptions of products in the Site are accurate, complete, current, or reliable in any or all respects. In the event that a product described in the Site is not as described, your sole remedy is to return it in unused condition in accordance with the suppliers' return policy. ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 U.S.C. 2701-2711): WE MAKE NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION PERTAINING TRANSMITTED ON THE SITE OR ANY WEB SITE LINKED TO THE PROPERTY MADE SITE WHETHER THE RESERVATION WEB SITE OR FURNISHED BY ANY REAL ESTATE AGENTOTHERWISE. WE WILL NOT BE LIABLE FOR THE PRIVACY OF THE INFORMATION, BROKERE-MAIL ADDRESSES, EMPLOYEEREGISTRATION AND IDENTIFICATION INFORMATION, SERVANTDISK SPACE, COMMUNICATIONS, CONFIDENTIAL OR TRADE• SECRET INFORMATION, OR ANY OTHER PERSON REPRESENTING CONTENT TRANSMITTED OVER NETWORKS ACCESSED BY THE SITE, THE RESERVATION WEB SITE OR PURPORTING OTHERWISE, OR CONNECTED OR RELATED IN ANY WAY WITH YOUR USE OF THE SITE. NO ORAL ADVICE OR WRITTEN CORRESPONDENCE OR INFORMATION PROVIDED BY US OR ANY OF THE INDEMNIFIED PARTIES WILL CREATE A WARRANTY OF ANY KIND AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. WE RESERVE THE RIGHT, IN OUR SOLE AND ABSOLUTE DISCRETION AND WITHOUT NOTICE, TO REPRESENT COUNTYCORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE, EXCEPT AS AND OR TO DENY ACCESS TO THE EXTENT EXPRESSLY SET FORTH HEREINSITE TO ANYONE AT ANY TIME. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND NEITHER WE NOR ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTINDEMNIFIED PARTIES, SHALL HAVE ANY LIABILITY ARISING FROM YOUR RELIANCE UPON THE INFORMATION PROVIDED ON THE SITE. Search and Directory are free services which may be offered in connection with the Site. Because the Web changes constantly, no search engine technology can possibly have all accessible sites at any given time. Thus, we explicitly disclaim any responsibility for the content or availability of information contained in any search index or directory offered in connection with the Site. The Site and sites that link to or from the Site, including without limitation the Reservation Web Site, may contain technical inaccuracies or typographical errors or omissions in connection with information displayed on the Site, including without limitation rates, fees, or availability applicable to your transaction. Company is not responsible for any typographical, photographic, technical or pricing (including without limitation mistaken hotel rates) errors listed on our Site or sites that link to or from the Site, including without limitation the Reservation Web Site. Company reserves the right to make changes, corrections and/or improvements to the Site, and to the products and programs described in such information, at any time without notice, including after confirmation of a reservation.

Disclaimers. NOTWITHSTANDING ANYTHING TO THE CONTRARY REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS SECTION AND IN SECTION 3.5 ARE IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY SET FORTH HEREIN. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING STATEMENT, PURCHASER IS PURCHASING THE PROPERTY "AS IS" AND "WHERE IS," AND WITH BIOGEN DISCLAIMS ALL FAULTS. COUNTY IS MAKING NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITYBIOGEN TECHNOLOGY, PHYSICAL CONDITION, OR VALUE OF THE PROPERTYBIOGEN PATENT RIGHTS, THE INCOME OR EXPENSES FROM BIOGEN INVENTORY AND THE PROPERTYUCB MATERIAL, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. COUNTY IS NOT LIABLE OR BOUND BY ANY GUARANTEES, PROMISES, STATEMENTS, REPRESENTATIONS, OR INFORMATION PERTAINING TO THE PROPERTY MADE OR FURNISHED BY ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT COUNTY, EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES AS TO WHETHER PRODUCT CAN BE SUCCESSFULLY DEVELOPED OR MARKETED, REGARDING THE AMERICANS WITH DISABILITIES ACT AND ACCURACY, PERFORMANCE, UTILITY, RELIABILITY, TECHNOLOGICAL OR COMMERCIAL VALUE, COMPREHENSIVENESS, MERCHANTABILITY OR FITNESS FOR ANY CODESPARTICULAR PURPOSE WHATSOEVER OF THE BIOGEN TECHNOLOGY, MUNICIPAL ORDINANCESBIOGEN PATENT RIGHTS, LAWSBIOGEN INVENTORY OR UCB MATERIAL OR AS TO THE VALIDITY OF THE BIOGEN PATENT RIGHTS OR THAT THE MANUFACTURE, RULESUSE, MARKETING OR REGULATIONS REGARDING RETROFITTING SALE OF PRODUCTS BY TMC OR PLUMBING FIXTURES)ANY OF ITS AFFILIATES, DISTRIBUTORS OR SUBLICENSEES WILL NOT CONSTITUTE AN INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. THE PROVISIONS NEITHER BIOGEN NOR TMC SHALL BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTAGREEMENT WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY.

Disclaimers. NOTWITHSTANDING ANYTHING SUBJECT TO SATISFACTION OF THE CONTRARY HEREINCONDITIONS SET FORTH IN SECTION 2 HEREOF, PURCHASER IS PURCHASING SUBLESSOR SUBLEASES AND SUBLESSEE EXPRESSLY AGREES TO TAKE THE PROPERTY AIRCRAFT "AS IS" ". EXCEPT AS SET FORTH IN SECTION 4.2(f) HEREOF SUBLESSOR MAKES, HAS MADE OR SHALL BE DEEMED TO HAVE MADE NO -- AND "WHERE IS," AND WITH ALL FAULTS. COUNTY IS MAKING NO REPRESENTATIONS SUBLESSEE HEREBY EXPRESSLY DISCLAIMS ANY-- REPRESENTATION OR WARRANTIESWARRANTY, WHETHER EXPRESS OR IMPLIED, BY OPERATION AS TO THE TITLE, AIRWORTHINESS, VALUE, CONDITION, COMPLIANCE WITH SPECIFICATIONS, DESIGN, QUALITY, DURABILITY, OPERATION, MERCHANTABILITY OR FITNESS FOR USE OF LAW THE AIRCRAFT, OR OTHERWISEANY PART THEREOF, AS TO THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, AS TO THE ABSENCE OF ANY INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, AS TO THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORT, OR ANY OTHER REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THE QUALITY, PHYSICAL CONDITIONAIRCRAFT, OR VALUE ANY PART THEREOF, IT BEING UNDERSTOOD THAT SUBLESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY WITH RESPECT TO ANY OF THE PROPERTYFOREGOING MATTERS AND THAT ALL RISKS OF ANY NATURE INCIDENT THERETO ARE TO BE BORNE BY SUBLESSEE. Sublessor agrees to and does hereby authorize Sublessee to exercise for the account of Sublessor such rights as Sublessor may have under any warranty, THE INCOME OR EXPENSES FROM THE PROPERTYexpress or implied, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOINGwith respect to the Aircraft made by the manufacturer of the Airframe, COUNTY MAKES NO WARRANTY OF HABITABILITYEngines or any Part thereof, SUITABILITYany subcontractor or supplier thereof, MERCHANTABILITYor any other seller thereof, OR FITNESS FOR A PARTICULAR PURPOSE. COUNTY IS NOT LIABLE OR BOUND BY ANY GUARANTEESand Sublessor agrees to exert its diligent efforts, PROMISESat Sublessee's expense, STATEMENTSto enforce such rights as Sublessor may have with respect thereto for the benefit of Sublessee; provided, REPRESENTATIONShowever, OR INFORMATION PERTAINING TO THE PROPERTY MADE OR FURNISHED BY ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT COUNTY, EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTthat upon an Event of Default and termination of this Sublease all such rights shall immediately revert to Sublessor.

Disclaimers. NOTWITHSTANDING ANYTHING ANY AND ALL INFORMATION, MATERIALS, SERVICES, INTELLECTUAL PROPERTY AND OTHER PROPERTY AND RIGHTS GRANTED AND/OR PROVIDED PURSUANT TO THE CONTRARY HEREINTHIS AGREEMENT (INCLUDING ANY STUDENT WORK PRODUCT), PURCHASER IS PURCHASING THE PROPERTY ARE GRANTED AND/OR PROVIDED ON AN "AS IS" AND "WHERE IS," AND WITH ALL FAULTSBASIS. COUNTY IS MAKING NO REPRESENTATIONS OR WARRANTIESPARTY MAKES ANY WARRANTIES OF ANY KIND, WHETHER EITHER EXPRESS OR IMPLIED, REGARDING ANY MATERIALS PROVIDED BY OPERATION IT, AND ALL SUCH WARRANTIES, INCLUDING WARRANTIES OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION, OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED. COUNTY IS NOT LIABLE WITHOUT LIMITING THE GENERAL NATURE OF THE PRIOR SENTENCE, NEITHER CARNEGIE MELLON NOR ANY STUDENT MAKE ANY WARRANTY OF ANY KIND RELATING TO EXCLUSIVITY, INFORMATIONAL CONTENT, ERROR-FREE OPERATION, RESULTS TO BE OBTAINED FROM USE, FREEDOM FROM PATENT, TRADEMARK AND COPYRIGHT INFRINGEMENT AND/OR BOUND BY ANY GUARANTEES, PROMISES, STATEMENTS, REPRESENTATIONS, OR INFORMATION PERTAINING FREEDOM FROM THEFT OF TRADE SECRETS WITH RESPECT TO THE STUDENT WORK PRODUCT. COURSE SPONSOR IS PROHIBITED FROM MAKING ANY EXPRESS OR IMPLIED WARRANTY TO ANY THIRD PARTY ON BEHALF OF CARNEGIE MELLON OR ANY STUDENT RELATING TO ANY MATTER, INCLUDING THE APPLICATION OF OR THE RESULTS TO BE OBTAINED FROM THE INFORMATION, MATERIALS, SERVICES, INTELLECTUAL PROPERTY MADE OR FURNISHED BY ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, OR OTHER PERSON REPRESENTING PROPERTY OR PURPORTING RIGHTS GRANTED AND/OR PROVIDED TO REPRESENT COUNTYIT PURSUANT TO THIS AGREEMENT. NEITHER CARNEGIE MELLON NOR ANY STUDENT SHALL BE LIABLE TO COURSE SPONSOR OR ANY THIRD PARTY FOR LOSS OF PROFITS OR FOR INCIDENTAL, EXCEPT AS AND INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES FOR ANY REASON WHATSOVER ARISING OUT OF OR RELATING TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND INCLUDING ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS BREACH OF THIS PARAGRAPH SHALL SURVIVE AGREEMENT), EVEN IF CARNEGIE MELLON OR THE CLOSING STUDENT HAS BEEN ADVISED OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTPOSSIBILITY OF SUCH DAMAGES OR HAS OR GAINS KNOWLEDGE OF THE EXISTENCE OF SUCH DAMAGES.

Disclaimers. NOTWITHSTANDING ANYTHING TO EXCEPT FOR ANY LIMITED WARRANTY EXPRESSLY PROVIDED ABOVE, THE CONTRARY HEREINSOFTWARE, PURCHASER IS PURCHASING THE PROPERTY "DOCUMENTATION, ANY RELATED SERVICES ARE PROVIDED “AS IS" ” AND "WHERE IS," COMPANY AND WITH ALL FAULTS. COUNTY IS MAKING ITS LICENSORS PROVIDE NO REPRESENTATIONS OR WARRANTIESOTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT REGARD TO THE QUALITYSOFTWARE, PHYSICAL CONDITIONDOCUMENTATION OR SERVICES. EXCEPT AS SPECIFIED IN THIS SECTION 11, ALL EXPRESS OR VALUE IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. COUNTY IS NOT LIABLE OR BOUND BY ANY GUARANTEES, PROMISESSATISFACTORY QUALITY, STATEMENTSNON- INTERFERENCE, REPRESENTATIONSACCURACY OF INFORMATIONAL CONTENT, OR INFORMATION PERTAINING TO THE PROPERTY MADE OR FURNISHED BY ANY REAL ESTATE AGENTARISING FROM A COURSE OF DEALING, BROKERLAW, EMPLOYEE, SERVANTUSAGE, OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT COUNTYTRADE PRACTICE, EXCEPT AS AND ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY COMPANY, ITS SUPPLIERS AND LICENSORS. TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD. FURTHER, COMPANY AND ITS LICENSORS DO NOT WARRANT THE RESULTS OF USE OF THE SOFTWARE OR DOCUMENTATION OR THAT THE SOFTWARE IS BUG/ERROR FREE OR THAT ITS USE WILL BE UNINTERRUPTED. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE ABOVE LIMITATION MAY NOT APPLY. THIS WARRANTY GIVES CUSTOMER SPECIFIC LEGAL RIGHTS, AND CUSTOMER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE EXPRESS WARRANTY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS ABOVE FAILS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTITS ESSENTIAL PURPOSE.

Disclaimers. NOTWITHSTANDING ANYTHING X. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE CONTRARY HEREINAPP IS AT YOUR SOLE RISK, PURCHASER AND THAT THE APP IS PURCHASING THE PROPERTY PROVIDED "AS IS" AND "WHERE IS,AS AVAILABLE" AND WITH ALL FAULTS. COUNTY IS MAKING NO REPRESENTATIONS OR WARRANTIESWITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT . TO THE QUALITYFULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PHYSICAL CONDITIONWE, OR VALUE OF THE PROPERTYOUR SUBSIDIARIES, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. COUNTY IS NOT LIABLE OR BOUND BY ANY GUARANTEES, PROMISES, STATEMENTS, REPRESENTATIONS, OR INFORMATION PERTAINING TO THE PROPERTY MADE OR FURNISHED BY ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT COUNTY, EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCESAFFILIATES, AND OTHER LAWS, RULES, LICENSORS MAKE NO EXPRESS WARRANTIES AND REGULATIONS HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE APP AND ANY PART OF IT (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND SITE, ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULESSMART CONTRACT, OR REGULATIONS REGARDING RETROFITTING ANY EXTERNAL WEBSITES), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CORRECTNESS, ACCURACY, OR PLUMBING FIXTURES)RELIABILITY. WITHOUT LIMITING THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING GENERALITY OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTFOREGOING, WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE APP WILL MEET YOUR REQUIREMENTS, (II) YOUR ACCESS TO OR USE OF THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (III) USAGE DATA PROVIDED THROUGH THE APP WILL BE ACCURATE, (III) THE APP OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE APP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (IV) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE APP WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Disclaimers. NOTWITHSTANDING ANYTHING THE SERVICES ARE PROVIDED ON AN “AS IS” AND ‘AS AVAILABLE’ BASIS. LANYON, ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM TO THE CONTRARY HEREINMAXIMUM EXTENT PERMITTED BY LAW, PURCHASER IS PURCHASING THE PROPERTY "AS IS" AND "WHERE IS," AND WITH ALL FAULTS. COUNTY IS MAKING NO REPRESENTATIONS OR WARRANTIES, WHETHER EITHER EXPRESS OR IMPLIED, BY OPERATION INCLUDING WITHOUT LIMITATION, (I) ANY WARRANTY THAT SERVICES ARE FREE OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITY, PHYSICAL CONDITIONERRORS, OR VALUE WILL OPERATE WITHOUT INTERRUPTION OR THAT ALL ERRORS WILL BE CORRECTED, (II) ANY IMPLIED WARRANTIES OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND FREEDOM FROM VIRUSES OR ANY OTHER MALICIOUS CODE. COUNTY CLIENT ACKNOWLEDGES THAT USE OF OR CONNECTION TO THE INTERNET PROVIDES THE OPPORTUNITY FOR UNAUTHORIZED THIRD PARTIES TO CIRCUMVENT SECURITY PRECAUTIONS AND ILLEGALLY GAIN ACCESS TO THE SERVICES AND CLIENT DATA. ACCORDINGLY, XXXXXX CANNOT AND DOES NOT GUARANTEE THE PRIVACY, SECURITY OR AUTHENTICITY OF ANY INFORMATION SO TRANSMITTED OVER OR STORED IN ANY SYSTEM CONNECTED TO THE INTERNET. IN ORDER TO PROTECT CLIENT’S DATA, XXXXXX MAY SUSPEND CLIENT’S USE OF THE SERVICES IMMEDIATELY, WITHOUT PRIOR NOTICE, PENDING AN INVESTIGATION, IF ANY BREACH OF SECURITY IS SUSPECTED. CLIENT ACKNOWLEDGES THAT THE SERVICES AVAILABILITY MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. LANYON IS NOT LIABLE RESPONSIBLE OR BOUND BY DEEMED TO BE IN DEFAULT FOR ANY GUARANTEESDELAYS, PROMISES, STATEMENTS, REPRESENTATIONS, OR INFORMATION PERTAINING TO THE PROPERTY MADE OR FURNISHED BY ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANTDELIVERY FAILURES, OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT COUNTY, EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULESDAMAGE RESULTING FROM SUCH PROBLEMS, OR REGULATIONS REGARDING RETROFITTING UNAVAILABILITY RELATED TO CLIENT’S APPLICATIONS, CLIENT DATA, OR PLUMBING FIXTURES). CLIENT’S EQUIPMENT, OR THE PROVISIONS ACTS OR OMISSIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING ANY USER OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTSERVICES.

Disclaimers. NOTWITHSTANDING ANYTHING CUSTOMER UNDERSTANDS AND AGREES THAT THE FOLLOWING LIMITATIONS ARE AN ESSENTIAL PART OF THE CONSIDERATION TO iiX FOR ENTERING INTO THIS AGREEMENT. THE CONTRARY HEREINLIMITATIONS ARE SPECIFICALLY DESIGNED AND AGREED TO BY THE PARTIES TO ALLOCATE AND LIMIT RISKS BETWEEN THE PARTIES IN LIGHT OF THE PRICES CHARGED AND THE OTHER BUSINESS TERMS OF THIS AGREEMENT. CERTAIN OF THE INFORMATION SERVICES PROVIDED UNDER THIS AGREEMENT ARE FROM INFORMATION SUPPLIED BY VARIOUS STATE AGENCIES, PURCHASER IS PURCHASING SERVICE PROVIDERS, AND OTHER SERVICE BUREAUS (COLLECTIVELY, “DATA PROVIDERS”). THE PROPERTY INFORMATION SERVICES ARE PROVIDED "AS IS" AND "WHERE IS," AND WITH ALL FAULTS. COUNTY IS MAKING NO REPRESENTATIONS NEITHER iiX NOR ITS DATA PROVIDERS IN ANY WAY WARRANTS OR WARRANTIESASSUMES ANY LIABILITY FOR THE ACCURACY, WHETHER EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION, OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITYTIMELINESS, MERCHANTABILITY, OR FITNESS FOR PARTICULAR PURPOSE AND/OR COMPLETENESS OF ANY INFORMATION SERVICE PROVIDED UNDER THIS AGREEMENT. AT THE DIRECTION OF THE CUSTOMER, WHERE PERMITTED, MOTOR VEHICLE REPORTS MAY BE SUPPLIED FROM DATABASE OR HISTORY FILES. THESE DATABASE REPORTS MAY NOT CONTAIN THE SAME DATA AS A PARTICULAR PURPOSECURRENT STATE REPORT. COUNTY IS NOT LIABLE OR BOUND BY ANY GUARANTEESTHE REPORT WILL BE NOTED AS A DATABASE REPORT AND WILL SHOW THE ORIGINAL REPORT DATE. NEITHER iiX NOR ITS DATA PROVIDERS ASSUMES RESPONSIBILITY FOR CHARGES INCURRED, PROMISES, STATEMENTS, REPRESENTATIONSLOST REVENUE, OR INFORMATION PERTAINING INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE DUE TO THE PROPERTY MADE ANY CAUSE WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ERRORS IN CUSTOMER INPUT, DUPLICATE REQUESTS, ERRORS IN TRANSMISSION, PROGRAM OR FURNISHED BY ANY REAL ESTATE AGENTEQUIPMENT FAILURES, BROKERCOMMUNICATION PROBLEMS, EMPLOYEE, SERVANTPROCESS DELAYS, OR OTHER PERSON REPRESENTING SCHEDULE CHANGES. IN NO EVENT SHALL iiX'S OR PURPORTING THE APPLICABLE DATA PROVIDER’S LIABILITY EXCEED THE CHARGES ACTUALLY PAID TO REPRESENT COUNTY, EXCEPT AS AND TO iiX BY CUSTOMER IN THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS THREE (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND 3) MONTHS IMMEDIATELY PRECEDING ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTSUCH CLAIM.

Disclaimers. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREINEXCEPT AS EXPRESSLY SET FORTH IN THIS ------------ CONTRACT, PURCHASER IT IS PURCHASING THE PROPERTY "AS IS" UNDERSTOOD AND "WHERE IS," AGREED THAT SELLERS ARE NOT MAKING AND WITH ALL FAULTS. COUNTY IS MAKING NO HAVE NOT AT ANY TIME MADE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR WARRANTIESCHARACTER, WHETHER EXPRESS EXPRESSED OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION, OR VALUE OF THE ANY PROPERTY, THE INCOME INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF REPRESENTATIONS AS TO HABITABILITY, SUITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. COUNTY IS NOT LIABLE , TITLE, ZONING, TAX CONSEQUENCES, LATENT OR BOUND BY PATENT PHYSICAL OR ENVIRONMENTAL CONDITION, UTILITIES, OPERATING HISTORY OR PROJECTIONS, VALUATION, GOVERNMENTAL APPROVALS, THE COMPLIANCE OF ANY GUARANTEES, PROMISES, STATEMENTS, REPRESENTATIONS, OR INFORMATION PERTAINING TO THE PROPERTY MADE OR FURNISHED BY ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT COUNTY, EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS GOVERNMENTAL LAWS (INCLUDING, WITHOUT LIMITATION, ACCESSIBILITY FOR HANDICAPPED PERSONS), THE AMERICANS TRUTH, ACCURACY OR COMPLETENESS OF ANY PROPERTY RECORDS OR ANY OTHER INFORMATION PROVIDED BY OR ON BEHALF OF SELLERS TO BUYER, OR ANY OTHER MATTER OR THING REGARDING ANY PROPERTY. BUYER ACKNOWLEDGES AND AGREES THAT UPON THE CLOSING SELLERS SHALL SELL AND CONVEY TO BUYER AND BUYER SHALL ACCEPT EACH PROPERTY "AS IS, WHERE IS, WITH DISABILITIES ACT ALL FAULTS", EXCEPT TO THE EXTENT EXPRESSLY PROVIDED OTHERWISE IN THIS CONTRACT. BUYER HAS NOT RELIED AND WILL NOT RELY ON, AND SELLERS ARE NOT LIABLE FOR OR BOUND BY ANY EXPRESSED OR IMPLIED WARRANTIES, GUARANTIES, STATEMENTS, REPRESENTATIONS OR INFORMATION PERTAINING TO ANY PROPERTY OR RELATING THERETO (INCLUDING SPECIFICALLY, WITHOUT LIMITATION, INFORMATION DISTRIBUTED WITH RESPECT TO ANY PROPERTY) MADE OR FURNISHED BY SELLERS, THE MANAGER OF ANY PROPERTY, OR ANY REAL ESTATE BROKER OR AGENT REPRESENTING OR PURPORTING TO REPRESENT SELLERS, TO WHOMEVER MADE OR GIVEN, DIRECTLY OR INDIRECTLY, ORALLY OR IN WRITING, UNLESS SPECIFICALLY SET FORTH IN THIS CONTRACT. BUYER REPRESENTS TO SELLERS THAT BUYER HAS CONDUCTED, OR WILL CONDUCT PRIOR TO CLOSING, SUCH INVESTIGATIONS OF THE PROPERTIES, INCLUDING BUT NOT LIMITED TO, THE PHYSICAL AND ENVIRONMENTAL CONDITIONS THEREOF, AS BUYER DEEMS NECESSARY TO SATISFY ITSELF AS TO THE CONDITION OF THE PROPERTIES AND THE EXISTENCE OR NONEXISTENCE OR CURATIVE ACTION TO BE TAKEN WITH RESPECT TO ANY HAZARDOUS OR TOXIC SUBSTANCES ON OR DISCHARGED FROM ANY OF THE PROPERTIES, AND WILL RELY SOLELY UPON SAME AND NOT UPON ANY INFORMATION PROVIDED BY OR ON BEHALF OF SELLERS OR THEIR AGENTS OR EMPLOYEES WITH RESPECT THERETO, OTHER THAN SUCH REPRESENTATIONS, WARRANTIES AND COVENANTS OF SELLERS AS ARE EXPRESSLY SET FORTH IN THIS CONTRACT. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN TO THE CONTRARY, UPON CLOSING, BUYER SHALL ASSUME THE RISK THAT ADVERSE MATTERS, INCLUDING, BUT NOT LIMITED TO, CONSTRUCTION DEFECTS AND ADVERSE PHYSICAL AND ENVIRONMENTAL CONDITIONS, MAY NOT HAVE BEEN REVEALED BY BUYER'S INVESTIGATIONS, AND BUYER, UPON CLOSING, SHALL BE DEEMED TO HAVE WAIVED, RELINQUISHED AND RELEASED SELLERS (AND SELLERS' OFFICERS, DIRECTORS, TRUSTEES, SHAREHOLDERS, EMPLOYEES AND AGENTS) FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION (INCLUDING CAUSES OF ACTION IN TORT), LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES (INCLUDING ATTORNEYS' FEES AND COURT COSTS) OF ANY AND EVERY KIND OR CHARACTER, KNOWN OR UNKNOWN, WHICH BUYER MIGHT HAVE ASSERTED OR ALLEGED AGAINST SELLERS (AND SELLERS' OFFICERS, DIRECTORS, TRUSTEES, SHAREHOLDERS, EMPLOYEES AND AGENTS) AT ANY TIME BY REASON OF OR ARISING OUT OF ANY LATENT OR PATENT CONSTRUCTION DEFECTS OR PHYSICAL CONDITIONS, VIOLATIONS OF ANY APPLICABLE LAWS (INCLUDING, WITHOUT LIMITATION, ANY ENVIRONMENTAL LAWS) AND ANY CODESAND ALL OTHER ACTS, MUNICIPAL ORDINANCESOMISSIONS, LAWSEVENTS, RULESCIRCUMSTANCES OR MATTERS REGARDING THE PROPERTIES. BUYER AGREES THAT SHOULD ANY CLEANUP, REMEDIATION OR REGULATIONS REGARDING RETROFITTING REMOVAL OF HAZARDOUS SUBSTANCES OR PLUMBING FIXTURES). OTHER ENVIRONMENTAL CONDITIONS ON ANY PROPERTY BE REQUIRED AFTER THE PROVISIONS DATE OF THIS PARAGRAPH CLOSING, SUCH CLEAN-UP, REMOVAL OR REMEDIATION SHALL SURVIVE BE THE CLOSING RESPONSIBILITY OF AND SHALL BE PERFORMED AT THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTSOLE COST AND EXPENSE OF BUYER.

Disclaimers. NOTWITHSTANDING ANYTHING YOU UNDERSTAND THAT SOLAR PHOTOVOLTAIC GENERATION IS INHERENTLY VARIABLE AND UNPREDICTABLE. WE DO NOT WARRANT OR GUARANTEE THAT ANY PARTICULAR AMOUNT OF ENERGY SHALL BE PRODUCED BY THE SOLAR PROJECT OR THAT ANY PARTICULAR AMOUNT OF BILL CREDITS SHALL BE ALLOCATED TO YOU UNDER THIS AGREEMENT. THE BILL CREDITS ALLOCATED TO YOU UNDER THIS AGREEMENT MAY NOT COVER THE FULL AMOUNTS DUE ON YOUR UTILITY BILLS, AND YOU WILL NEED TO PAY ANY REMAINING BALANCES ON YOUR UTILITY BILLS IN ADDITION TO THE CONTRARY HEREINMONTHLY STATEMENTS FROM US. THE BILL CREDIT RATE AND ESTIMATED SAVINGS ARE SUBJECT TO CHANGE. WE DO NOT REPRESENT OR WARRANT THAT THERE WILL BE NO CHANGES TO THE TARIFF, PURCHASER IS PURCHASING THE PROPERTY "PROGRAM, OR THAT THE UTILITY WILL NOT MAKE ANY CORRECTIONS OR ADJUSTMENTS TO METER READINGS. EXCEPT AS IS" AND "WHERE IS," AND WITH ALL FAULTS. COUNTY IS MAKING NO REPRESENTATIONS EXPRESSLY PROVIDED IN THIS AGREEMENT, WE DO NOT MAKE ANY WARRANTY OR WARRANTIESGUARANTEE TO YOU, WHETHER EXPRESS OR EXPRESS, IMPLIED, BY OPERATION OF STATUTORY, COMMON LAW OR OTHERWISE, AND ASSUME NO OTHER LIABILITIES, WHETHER IN CONTRACT OR IN TORT, WITH RESPECT TO THE QUALITYSUBJECT MATTER HEREOF OR IN CONNECTION HEREWITH, PHYSICAL CONDITIONAND YOU HEREBY DISCLAIM, WAIVE AND RELEASE ANY OTHER WARRANTIES, EXPRESS OR VALUE OF THE PROPERTY, THE INCOME IMPLIED OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO IMPOSED BY LAW INCLUDING ANY WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, OR MERCHANTABILITY AND ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. COUNTY IS NOT LIABLE OR BOUND BY ANY GUARANTEESTHE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT, PROMISES, STATEMENTS, REPRESENTATIONS, OR INFORMATION PERTAINING TO THE PROPERTY MADE OR FURNISHED BY ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT COUNTY, EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL BY APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATIONLAW, THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). DISCLAIMERS CONTAINED HEREIN ARE “CONSPICUOUS” FOR THE PROVISIONS PURPOSE OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTSUCH APPLICABLE LAW.

Disclaimers. NOTWITHSTANDING ANYTHING TO While we endeavor to review the Content before it becomes available, We do not guarantee that We have reviewed all of the Content submitted to the Service, and therefore, hereby disclaim all responsibility or liability related to the Content. We may, in Our sole discretion, remove Content for any appropriate reason or to comply with the law. THE CONTRARY HEREIN, PURCHASER SERVICE IS PURCHASING THE PROPERTY "PROVIDED ON AN “AS IS" ,” “AS AVAILABLE,” AND "WHERE IS," AND “WITH ALL FAULTS. COUNTY IS MAKING NO ” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, BY OPERATION INCLUDING, FOR EXAMPLE, WARRANTIES OF LAW OR OTHERWISEACCURACY, WITH RESPECT TO THE QUALITYCOMPLETENESS, PHYSICAL CONDITION, OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITYNON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. COUNTY IS NOT LIABLE OR BOUND BY ANY GUARANTEES, PROMISES, STATEMENTS, REPRESENTATIONS, OR INFORMATION PERTAINING THAT YOUR USE OF THE SERVICES WILL BE UNITERRUPTED, TIMELY, SECURE, OR ERROR AND VIRUS FREE. YOU AGREE TO USE THE SERVICES AT YOUR OWN RISK. LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY WILL WE OR OUR TRUSTEES, OFFICERS, EMPLOYEES, AND REPRESENTATIVES, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, WHETHER INCURRED DIRECTLY OR INDIRECTLY, RELATED IN ANY WAY TO THE PROPERTY MADE SERVICE. THIS PARAGRAPH WILL SURVIVE THE EXPIRATION OR FURNISHED BY ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT COUNTY, EXCEPT AS AND TERMINATION OF THIS AGREEMENT. CHANGES TO THE EXTENT EXPRESSLY SET FORTH HEREINSERVICE We reserve the right to modify or discontinue, temporarily or permanently, the Service with or without advance notice to you. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODESYou agree that We and our trustees, MUNICIPAL ORDINANCESofficers, AND OTHER LAWSemployees, RULESand representatives, AND REGULATIONS (INCLUDINGwill not have any responsibility or liability to you or to any third party in the event of any such modification, WITHOUT LIMITATIONsuspension, THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTor discontinuance of the Service.

Disclaimers. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREINEXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, PURCHASER IT IS PURCHASING THE PROPERTY "AS IS" UNDERSTOOD AND "WHERE IS," AGREED THAT SELLER IS NOT MAKING AND WITH ALL FAULTS. COUNTY IS MAKING NO HAS NOT AT ANY TIME MADE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR WARRANTIESCHARACTER, WHETHER EXPRESS EXPRESSED OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITYPROPERTY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OR REPRESENTATIONS AS TO HABITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE (OTHER THAN SELLER'S LIMITED WARRANTY OF TITLE TO BE SET FORTH IN THE DEED AND LIMITED WARRANTY OF TITLE AS TO THE SPECIFIC PERSONAL PROPERTY TO BE SET FORTH IN THE XXXX OF SALE), ZONING, TAX CONSEQUENCES, LATENT OR PATENT PHYSICAL OR ENVIRONMENTAL CONDITION, UTILITIES, OPERATING HISTORY OR VALUE OF THE PROPERTYPROJECTIONS, THE INCOME OR EXPENSES FROM THE PROPERTYVALUATION, OR GOVERNMENTAL APPROVALS, THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING GOVERNMENTAL LAWS, THE TRUTH, ACCURACY OR FIRE CODES COMPLETENESS OF THE PROPERTY DOCUMENTS OR ANY OTHER LAWS INFORMATION PROVIDED BY OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY ON BEHALF OF HABITABILITY, SUITABILITY, MERCHANTABILITYSELLER TO PURCHASER, OR FITNESS FOR A PARTICULAR PURPOSEANY OTHER MATTER OR THING REGARDING THE PROPERTY. COUNTY PURCHASER ACKNOWLEDGES AND AGREES THAT UPON CLOSING SELLER SHALL SELL AND CONVEY TO PURCHASER AND PURCHASER SHALL ACCEPT THE PROPERTY "AS IS, WHERE IS, WITH ALL FAULTS", EXCEPT TO THE EXTENT EXPRESSLY PROVIDED OTHERWISE IN THIS AGREEMENT. PURCHASER HAS NOT RELIED AND WILL NOT RELY ON, AND SELLER IS NOT LIABLE FOR OR BOUND BY BY, ANY GUARANTEESEXPRESSED OR IMPLIED WARRANTIES, PROMISESGUARANTIES, STATEMENTS, REPRESENTATIONS, REPRESENTATIONS OR INFORMATION PERTAINING TO THE PROPERTY OR RELATING THERETO (INCLUDING SPECIFICALLY, WITHOUT LIMITATION, PROPERTY INFORMATION PACKAGES DISTRIBUTED WITH RESPECT TO THE PROPERTY) MADE OR FURNISHED BY SELLER, THE MANAGER OF THE PROPERTY, OR ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, BROKER OR OTHER PERSON AGENT REPRESENTING OR PURPORTING TO REPRESENT COUNTYSELLER, EXCEPT TO WHOMEVER MADE OR GIVEN, DIRECTLY OR INDIRECTLY, ORALLY OR IN WRITING, UNLESS SPECIFICALLY SET FORTH IN THIS AGREEMENT. PURCHASER REPRESENTS TO SELLER THAT PURCHASER HAS CONDUCTED, OR WILL CONDUCT PRIOR TO CLOSING, SUCH INVESTIGATIONS OF THE PROPERTY, INCLUDING BUT NOT LIMITED TO, THE PHYSICAL AND ENVIRONMENTAL CONDITIONS THEREOF, AS AND PURCHASER DEEMS NECESSARY TO SATISFY ITSELF AS TO THE EXTENT CONDITION OF THE PROPERTY AND THE EXISTENCE OR NONEXISTENCE OF CURATIVE ACTION TO BE TAKEN WITH RESPECT TO ANY HAZARDOUS OR TOXIC SUBSTANCES ON OR DISCHARGED FROM THE PROPERTY, AND WILL RELY SOLELY UPON SAME AND NOT UPON ANY INFORMATION PROVIDED BY OR ON BEHALF OF SELLER OR ITS AGENTS OR EMPLOYEES WITH RESPECT THERETO, OTHER THAN SUCH REPRESENTATIONS, WARRANTIES AND COVENANTS OF SELLER AS ARE EXPRESSLY SET FORTH HEREININ THIS AGREEMENT. UPON CLOSING, PURCHASER SHALL ASSUME RESPONSIBILITY FOR THE RISK THAT ADVERSE MATTERS, INCLUDING BUT NOT LIMITED TO, CONSTRUCTION DEFECTS AND ADVERSE PHYSICAL AND ENVIRONMENTAL CONDITIONS, MAY NOT HAVE BEEN REVEALED BY PURCHASER'S INVESTIGATIONS, AND PURCHASER, UPON CLOSING, SHALL BE DEEMED TO HAVE WAIVED, RELINQUISHED AND RELEASED SELLER (AND SELLER'S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS) FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION (INCLUDING CAUSES OF ACTION IN TORT), LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL (INCLUDING ATTORNEYS' FEES AND COURT COSTS) OF ANY AND EVERY KIND OR CHARACTER, KNOWN OR UNKNOWN, WHICH PURCHASER MIGHT HAVE ASSERTED OR ALLEGED AGAINST SELLER (AND SELLER'S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS) AT ANY TIME BY REASON OF OR ARISING OUT OF ANY LATENT OR PATENT CONSTRUCTION DEFECTS OR PHYSICAL CONDITIONS, VIOLATIONS OF ANY APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS LAWS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT ANY ENVIRONMENTAL LAWS) AND ANY CODESAND ALL OTHER ACTS, MUNICIPAL ORDINANCESOMISSIONS, LAWSEVENTS, RULESCIRCUMSTANCES OR MATTERS REGARDING THE PROPERTY. PURCHASER AGREES THAT SHOULD ANY CLEANUP, REMEDIATION OR REGULATIONS REGARDING RETROFITTING REMOVAL OF HAZARDOUS SUBSTANCES OR PLUMBING FIXTURES)OTHER ENVIRONMENTAL CONDITIONS ON THE PROPERTY BE REQUIRED AFTER THE DATE OF CLOSING, SUCH CLEAN-UP, REMOVAL OR REMEDIATION SHALL BE THE RESPONSIBILITY OF AND SHALL BE PERFORMED AT THE SOLE COST AND EXPENSE OF PURCHASER. NOTHING IS THIS SECTION 9.2 SHALL BE CONSTRUED AS OBLIGATING PURCHASER TO INDEMNIFY SELLER AGAINST CLAIMS BROUGHT BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO, THE PROVISIONS PENNSYLVANIA DEPARTMENT OF THIS PARAGRAPH SHALL SURVIVE ENVIRONMENTAL PROTECTION OR THE CLOSING UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, ALLEGING THAT SELLER OR ANY OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTSELLER'S PREDECESSORS IN TITLE VIOLATED ANY ENVIRONMENTAL STATUTE.

Disclaimers. NOTWITHSTANDING ANYTHING THE EXPRESS REPRESENTATIONS AND WARRANTIES OF EACH SELLER CONTAINED IN SECTION 3.01 ABOVE (OR IN ANY CONVEYANCE EXECUTED PURSUANT TO THIS AGREEMENT) ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND EACH SELLER EXPRESSLY DISCLAIMS ANY AND ALL SUCH OTHER REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITATION OF THE FOREGOING, THE PROPERTIES SHALL BE CONVEYED PURSUANT HERETO WITHOUT ANY IMPLIED WARRANTY OR REPRESENTATION RELATING TO THE CONTRARY HEREINCONDITION, PURCHASER QUANTITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, CONFORMITY TO THE MODELS OR SAMPLES OF MATERIALS OR MERCHANTABILITY OF ANY EQUIPMENT OR ITS FITNESS FOR ANY PURPOSE. BUYER AGREES TO ACCEPT THE PROPERTIES AND ACKNOWLEDGES THAT THE SALE OF THE PROPERTIES AS PROVIDED FOR HEREIN IS PURCHASING THE PROPERTY MADE BY SELLER, ON AN "AS IS" AND "WHERE IS," , WHEREAS, AND WITH ALL FAULTS" BASIS. COUNTY IS MAKING BUYER EXPRESSLY ACKNOWLEDGES THAT EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES MADE BY SELLER IN SECTION 3.01, SELLER MAKES NO REPRESENTATIONS REPRESENTATION OR WARRANTIESWARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW OR OTHERWISELAW, WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION, OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTYPROPERTIES, OR THE COMPLIANCE CONDITION OF THE PROPERTY WITH APPLICABLE BUILDING PROPERTIES. UPON CLOSING, BUYER SHALL BE DEEMED TO HAVE SATISFIED ITSELF AS TO THE PHYSICAL AND ENVIRONMENTAL CONDITION OF THE PROPERTIES, BOTH SURFACE AND SUBSURFACE, INCLUDING BUT NOT LIMITED TO CONDITIONS SPECIFICALLY RELATED TO THE PRESENCE, RELEASE OR FIRE CODES OR DISPOSAL OF HAZARDOUS SUBSTANCES, SOLID WASTES, ASBESTOS AND OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITYMAN MADE FIBERS, OR FITNESS FOR A PARTICULAR PURPOSENATURALLY OCCURRING RADIOACTIVE MATERIALS ("NORM"). COUNTY IS NOT LIABLE NO SELLER MAKES ANY WARRANTY OR BOUND BY REPRESENTATION, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AS TO THE ACCURACY OR COMPLETENESS OF ANY GUARANTEESDATA, PROMISESREPORTS, STATEMENTSRECORDS, REPRESENTATIONSPROJECTIONS, INFORMATION OR MATERIALS NOW, HERETOFORE OR HEREAFTER FURNISHED OR MADE AVAILABLE TO BUYER IN CONNECTION WITH THIS AGREEMENT, RELATIVE TO PRICING ASSUMPTIONS, OR INFORMATION PERTAINING QUALITY OR QUANTITY OF HYDROCARBON RESERVES (IF ANY) ATTRIBUTABLE TO THE PROPERTY MADE PROPERTIES OR THE ABILITY OR POTENTIAL OF THE PROPERTIES TO PRODUCE HYDROCARBONS OR THE ENVIRONMENTAL CONDITION OF THE PROPERTIES. ANY AND ALL SUCH DATA, RECORDS, REPORTS, PROJECTIONS, INFORMATION AND OTHER MATERIALS (WRITTEN OR ORAL) FURNISHED BY ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, SELLER OR OTHER PERSON REPRESENTING OTHERWISE MADE AVAILABLE OR PURPORTING DISCLOSED TO REPRESENT COUNTY, EXCEPT BUYER ARE PROVIDED BUYER AS A CONVENIENCE AND SHALL NOT CREATE OR GIVE RISE TO ANY LIABILITY OF OR AGAINST ANY SELLER AND ANY RELIANCE ON OR USE OF THE SAME SHALL BE AT BUYER'S SOLE RISK TO THE MAXIMUM EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED PERMITTED BY THIS AGREEMENTLAW.

Disclaimers. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREINMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PURCHASER IS PURCHASING EXCEPT FOR THE PROPERTY "WARRANTIES EXPRESSLY SET FORTH IN THIS SECTION, THE SOFTWARE, MOBILEIRON HARDWARE, AND/OR ALL SERVICES ARE PROVIDED “AS IS" ”, AND "WHERE IS," MOBILEIRON AND WITH ALL FAULTS. COUNTY IS MAKING ITS SUPPLIERS PROVIDE NO REPRESENTATIONS OR WARRANTIESOTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, IMPLIED WITH RESPECT REGARD TO THE QUALITYSAME. EXCEPT AS EXPRESSLY SPECIFIED IN THIS SECTION, PHYSICAL CONDITIONMOBILEIRON AND ITS SUPPLIERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR VALUE CONDITION OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. COUNTY IS NOT LIABLE OR BOUND BY ANY GUARANTEES, PROMISES, STATEMENTS, REPRESENTATIONS, OR INFORMATION PERTAINING THAT THE SOFTWARE IS BUG/ERROR FREE, THAT ITS USE WILL BE UNINTERRUPTED, OR THAT IT IS FREE OF VULNERABILITY TO INTRUSION OR ATTACK. MOBILEIRON DOES NOT WARRANT THAT ANY SERVICES CONNECTING TO THE PROPERTY MADE SOFTWARE PROVIDED BY THIRD PARTIES OR FURNISHED ANY DATA PROVIDED BY ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, SUCH THIRD PARTIES WILL BE FREE FROM ERRORS OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT COUNTY, EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH HEREININTERRUPTIONS OF SERVICE. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCESTHIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. THIS WARRANTY GIVES CUSTOMER SPECIFIC LEGAL RIGHTS, AND CUSTOMER MAY ALSO HAVE OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTRIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.

Disclaimers. NOTWITHSTANDING ANYTHING TO THE CONTRARY IT IS UNDERSTOOD AND AGREED THAT EXCEPT AS SET FORTH HEREIN, PURCHASER SELLER IS PURCHASING THE PROPERTY "AS IS" NOT MAKING AND "WHERE IS," AND WITH ALL FAULTS. COUNTY IS MAKING NO HAS NOT AT ANY TIME MADE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR WARRANTIESCHARACTER, WHETHER EXPRESS EXPRESSED OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITYPROPERTY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OR REPRESENTATIONS AS TO HABITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE (OTHER THAN SELLER’S LIMITED WARRANTY OF TITLE TO BE SET FORTH IN THE DEED), ZONING, TAX CONSEQUENCES, LATENT OR PATENT PHYSICAL OR ENVIRONMENTAL CONDITION, UTILITIES, OPERATING HISTORY OR VALUE OF THE PROPERTYPROJECTIONS, THE INCOME OR EXPENSES FROM THE PROPERTYVALUATION, OR GOVERNMENTAL APPROVALS, THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING GOVERNMENTAL LAWS, THE TRUTH, ACCURACY OR FIRE CODES COMPLETENESS OF THE PROPERTY DOCUMENTS OR ANY OTHER LAWS INFORMATION PROVIDED BY OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY ON BEHALF OF HABITABILITY, SUITABILITY, MERCHANTABILITYSELLER TO PURCHASER, OR FITNESS FOR A PARTICULAR PURPOSEANY OTHER MATTER OR THING REGARDING THE PROPERTY. COUNTY PURCHASER ACKNOWLEDGES AND AGREES THAT UPON CLOSING SELLER SHALL SELL AND CONVEY TO PURCHASER AND PURCHASER SHALL ACCEPT THE PROPERTY “AS IS, WHERE IS, WITH ALL FAULTS”. PURCHASER HAS NOT RELIED AND WILL NOT RELY ON, AND SELLER IS NOT LIABLE FOR OR BOUND BY BY, ANY GUARANTEESEXPRESSED OR IMPLIED WARRANTIES, PROMISESGUARANTIES, STATEMENTS, REPRESENTATIONS, REPRESENTATIONS OR INFORMATION PERTAINING TO THE PROPERTY OR RELATING THERETO (INCLUDING SPECIFICALLY, WITHOUT LIMITATION, PROPERTY INFORMATION PACKAGES DISTRIBUTED WITH RESPECT TO THE PROPERTY) MADE OR FURNISHED BY SELLER, THE OPERATOR OF THE PROPERTY, OR ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, BROKER OR OTHER PERSON AGENT REPRESENTING OR PURPORTING TO REPRESENT COUNTYSELLER, EXCEPT AS AND TO THE EXTENT EXPRESSLY WHOMEVER MADE OR GIVEN, DIRECTLY OR INDIRECTLY, ORALLY OR IN WRITING, UNLESS SPECIFICALLY SET FORTH HEREININ THIS AGREEMENT. UPON CLOSING, PURCHASER SHALL ASSUME RESPONSIBILITY FOR THE RISK THAT ADVERSE MATTERS, INCLUDING BUT NOT LIMITED TO, CONSTRUCTION DEFECTS AND ADVERSE PHYSICAL AND ENVIRONMENTAL CONDITIONS, MAY NOT HAVE BEEN REVEALED BY PURCHASER’S INVESTIGATIONS, AND PURCHASER, UPON CLOSING, SHALL BE DEEMED TO HAVE WAIVED, RELINQUISHED AND RELEASED SELLER (AND SELLER’S MEMBERS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS) FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION (INCLUDING CAUSES OF ACTION IN TORT), LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES REQUIRED (INCLUDING ATTORNEYS’ FEES AND COURT COSTS) OF ANY AND EVERY KIND OR CHARACTER, KNOWN OR UNKNOWN, WHICH PURCHASER MIGHT HAVE ASSERTED OR ALLEGED AGAINST SELLER (AND SELLER’S MEMBERS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS) AT ANY TIME BY REASON OF OR ARISING OUT OF ANY LATENT OR PATENT CONSTRUCTION DEFECTS OR PHYSICAL CONDITIONS, AND VIOLATIONS OF ANY APPLICABLE LAWS PERTAINING TO CAUSE THE PHYSICAL CONDITION OF THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, ENVIRONMENTAL LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). PURCHASER AGREES THAT SHOULD ANY CLEANUP, REMEDIATION OR REMOVAL OF HAZARDOUS SUBSTANCES OR OTHER ENVIRONMENTAL CONDITIONS ON THE PROPERTY BE REQUIRED AFTER THE DATE OF CLOSING, SUCH CLEAN-UP, REMOVAL OR REMEDIATION SHALL BE THE RESPONSIBILITY OF AND SHALL BE PERFORMED AT THE SOLE COST AND EXPENSE OF PURCHASER AND SELLER SHALL NOT BE LIABLE TO PURCHASER FOR SUCH CLEAN-UP, REMOVAL OR REMEDIATION. AS PART OF THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE SECTION 8.2, BUT NOT AS A LIMITATION THEREON, PURCHASER HEREBY AGREES, REPRESENTS AND WARRANTS THAT THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTMATTERS RELEASED HEREIN ARE NOT LIMITED TO MATTERS WHICH ARE KNOWN OR DISCLOSED.

Disclaimers. NOTWITHSTANDING ANYTHING TO EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT OR IN THE CONTRARY HEREINCLOSING DOCUMENTS: IT IS UNDERSTOOD AND AGREED THAT SELLER IS NOT MAKING AND HAS NOT AT ANY TIME MADE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR CHARACTER, PURCHASER IS PURCHASING THE PROPERTY "AS IS" AND "WHERE IS," AND WITH ALL FAULTS. COUNTY IS MAKING NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION, EQUITY INTERESTS OR VALUE OF THE PROPERTY, THE INCOME INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OR EXPENSES FROM THE PROPERTYREPRESENTATIONS AS TO HABITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ZONING, TAX CONSEQUENCES, LATENT, PATENT, PHYSICAL OR ENVIRONMENTAL CONDITION, UTILITIES, OPERATING HISTORY OR PROJECTIONS, VALUATION, GOVERNMENTAL APPROVALS, THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING GOVERNMENTAL LAWS, THE TRUTH, ACCURACY OR FIRE CODES COMPLETENESS OF ANY DOCUMENTS OR ANY OTHER LAWS INFORMATION PROVIDED BY OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY ON BEHALF OF HABITABILITY, SUITABILITY, MERCHANTABILITYSELLER TO PURCHASER, OR FITNESS FOR A PARTICULAR PURPOSEANY OTHER MATTER OR THING REGARDING THE EQUITY INTERESTS, THE COMPANY, THE SUBSIDIARY OR THE PROPERTY. COUNTY PURCHASER ACKNOWLEDGES AND AGREES THAT UPON CLOSING SELLER SHALL SELL AND CONVEY TO PURCHASER AND PURCHASER SHALL ACCEPT THE EQUITY INTERESTS AND THE PROPERTY “AS IS, WHERE IS, WITH ALL FAULTS”, EXCEPT TO THE EXTENT EXPRESSLY PROVIDED OTHERWISE IN THIS AGREEMENT OR THE CLOSING DOCUMENTS. PURCHASER HAS NOT RELIED AND WILL NOT RELY ON, AND SELLER IS NOT LIABLE FOR OR BOUND BY BY, ANY GUARANTEESEXPRESS OR IMPLIED WARRANTIES, PROMISESGUARANTIES, STATEMENTS, REPRESENTATIONS, REPRESENTATIONS OR INFORMATION PERTAINING TO THE EQUITY INTERESTS OR THE PROPERTY OR RELATING THERETO (INCLUDING SPECIFICALLY, WITHOUT LIMITATION, PROPERTY INFORMATION PACKAGES DISTRIBUTED WITH RESPECT TO THE EQUITY INTERESTS AND/OR PROPERTY) MADE OR FURNISHED BY ANY REAL ESTATE AGENTSELLER, BROKER, EMPLOYEE, SERVANTTHE MANAGER OF THE PROPERTY, OR OTHER PERSON ANY AGENT REPRESENTING OR PURPORTING TO REPRESENT COUNTYSELLER, EXCEPT TO WHOMEVER MADE OR GIVEN, DIRECTLY OR INDIRECTLY, ORALLY OR IN WRITING, UNLESS SPECIFICALLY SET FORTH IN THIS AGREEMENT. PURCHASER REPRESENTS TO SELLER THAT PURCHASER HAS CONDUCTED, OR WILL CONDUCT PRIOR TO CLOSING, SUCH INVESTIGATIONS OF THE EQUITY INTERESTS AND PROPERTY, INCLUDING BUT NOT LIMITED TO, THE PHYSICAL AND ENVIRONMENTAL CONDITIONS THEREOF, AS AND PURCHASER DEEMS NECESSARY TO SATISFY ITSELF AS TO THE EXTENT CONDITION OF THE PROPERTY AND THE EXISTENCE OR NONEXISTENCE OR CURATIVE ACTION TO BE TAKEN WITH RESPECT TO ANY HAZARDOUS OR TOXIC SUBSTANCES ON OR DISCHARGED FROM THE PROPERTY, AND WILL RELY SOLELY UPON SAME AND NOT UPON ANY INFORMATION PROVIDED BY OR ON BEHALF OF SELLER OR ITS AGENTS OR EMPLOYEES WITH RESPECT THERETO, OTHER THAN SUCH REPRESENTATIONS, WARRANTIES AND COVENANTS OF SELLER AS ARE EXPRESSLY SET FORTH HEREININ THIS AGREEMENT. UPON CLOSING, SUBJECT TO THE CLOSING DOCUMENTS, PURCHASER SHALL ASSUME RESPONSIBILITY FOR THE RISK THAT ADVERSE MATTERS, INCLUDING BUT NOT LIMITED TO, CONSTRUCTION DEFECTS AND ADVERSE PHYSICAL AND ENVIRONMENTAL CONDITIONS, MAY NOT HAVE BEEN REVEALED BY PURCHASER’S INVESTIGATIONS, AND PURCHASER, UPON CLOSING, SHALL BE DEEMED TO HAVE WAIVED, RELINQUISHED AND RELEASED SELLER AND ALL OTHER SELLER PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION (INCLUDING CAUSES OF ACTION IN TORT), LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL (INCLUDING ATTORNEYS’ FEES AND COURT COSTS) OF ANY AND EVERY KIND OR CHARACTER, KNOWN OR UNKNOWN, WHICH PURCHASER MIGHT HAVE ASSERTED OR ALLEGED AGAINST SELLER AT ANY TIME BY REASON OF OR ARISING OUT OF ANY LATENT OR PATENT CONSTRUCTION DEFECTS OR PHYSICAL CONDITIONS, VIOLATIONS OF ANY APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS LAWS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, ENVIRONMENTAL LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). SUBJECT TO THE PROVISIONS PRECEDING SENTENCE, PURCHASER AGREES THAT SHOULD ANY CLEANUP, REMEDIATION OR REMOVAL OF THIS PARAGRAPH SHALL SURVIVE HAZARDOUS MATERIALS OR OTHER ENVIRONMENTAL CONDITIONS ON THE CLOSING PROPERTY BE REQUIRED AFTER THE DATE OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENT.CLOSING, PURCHASER HEREBY WAIVES ANY RIGHT TO PURSUE ANY ACTION AGAINST SELLER WITH RESPECT TO SUCH CLEAN-UP, REMOVAL OR REMEDIATION. By initialing below, Purchaser acknowledges that (a) this Section 8.2 has been read and fully understood, (b) Purchaser has had the chance to ask questions of its counsel about its meaning and significance, and (c) Purchaser has accepted and agreed to the terms set forth in this Section 8.2. ________________________________ Buyer’s Initials Seller’s Initials

Disclaimers. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREINEXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT OR IN ANY DOCUMENTS DELIVERED AT CLOSING, PURCHASER IT IS PURCHASING THE PROPERTY "AS IS" UNDERSTOOD AND "WHERE IS," AGREED THAT SELLER IS NOT MAKING AND WITH ALL FAULTS. COUNTY IS MAKING NO HAS NOT AT ANY TIME MADE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR WARRANTIESCHARACTER, WHETHER EXPRESS EXPRESSED OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION, OR VALUE OF THE PROPERTY, THE INCOME INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF REPRESENTATIONS AS TO HABITABILITY, SUITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, ZONING, TAX CONSEQUENCES, LATENT OR PATENT PHYSICAL OR ENVIRONMENTAL CONDITION, UTILITIES, OPERATING HISTORY OR PROJECTIONS, VALUATION, GOVERNMENTAL APPROVALS, THE COMPLIANCE OF THE LAND AND IMPROVEMENTS WITH LAWS, THE TRUTH, ACCURACY OR COMPLETENESS OF THE PROPERTY DOCUMENTS OR ANY OTHER INFORMATION PROVIDED BY OR ON BEHALF OF SELLER TO PURCHASER, OR ANY OTHER MATTER OR THING REGARDING THE PROPERTY. COUNTY PURCHASER ACKNOWLEDGES AND AGREES THAT UPON CLOSING, SELLER SHALL SELL AND CONVEY TO PURCHASER AND PURCHASER SHALL ACCEPT THE PROPERTY “AS IS, WHERE IS, WITH ALL FAULTS,” EXCEPT TO THE EXTENT EXPRESSLY PROVIDED OTHERWISE IN THIS AGREEMENT OR IN ANY DOCUMENTS DELIVERED AT CLOSING. PURCHASER HAS NOT RELIED AND WILL NOT RELY ON, AND SELLER IS NOT LIABLE FOR OR BOUND BY BY, ANY GUARANTEESEXPRESSED OR IMPLIED WARRANTIES, PROMISESGUARANTIES, STATEMENTS, REPRESENTATIONS, REPRESENTATIONS OR INFORMATION PERTAINING TO THE PROPERTY OR RELATING THERETO (INCLUDING SPECIFICALLY, WITHOUT LIMITATION, PROPERTY INFORMATION PACKAGES DISTRIBUTED WITH RESPECT TO THE PROPERTY) MADE OR FURNISHED BY SELLER, THE MANAGER OF THE LAND AND IMPROVEMENTS, OR ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, BROKER OR OTHER PERSON AGENT REPRESENTING OR PURPORTING TO REPRESENT COUNTYSELLER, EXCEPT TO WHOMEVER MADE OR GIVEN, DIRECTLY OR INDIRECTLY, ORALLY OR IN WRITING, UNLESS SPECIFICALLY SET FORTH IN THIS AGREEMENT OR IN ANY DOCUMENTS DELIVERED AT CLOSING. THE AGREEMENTS AND ACKNOWLEDGMENTS CONTAINED IN THIS SECTION 9.2 CONSTITUTE A CONCLUSIVE ADMISSION THAT BUYER, AS AND A SOPHISTICATED, KNOWLEDGEABLE INVESTOR IN REAL PROPERTY, SHALL ACQUIRE THE PROPERTY SOLELY UPON ITS OWN JUDGMENT AS TO ANY MATTER GERMANE TO THE EXTENT PROPERTY OR TO BUYER’S CONTEMPLATED USE OR INVESTMENT IN THE PROPERTY, AND NOT UPON ANY STATEMENT, REPRESENTATION OR WARRANTY BY SELLER OR ANY AFFILIATE, AGENT OR REPRESENTATIVE OF SELLER (INCLUDING SELLER’S BROKER), WHICH IS NOT EXPRESSLY SET FORTH HEREININ THIS AGREEMENT OR ANY DOCUMENT REQUIRED TO BE EXECUTED BY SELLER AND DELIVERED TO BUYER AT CLOSING. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, AS A SOPHISTICATED AND KNOWLEDGEABLE INVESTOR IN REAL PROPERTY, BUYER IS AWARE THAT MOLD, WATER DAMAGE, FUNGI, BACTERIA, INDOOR AIR POLLUTANTS OR OTHER BIOLOGICAL GROWTH OR GROWTH FACTORS (COLLECTIVELY CALLED “INDOOR AIR POLLUTANTS”) MAY EXIST AT THE PROPERTY AND THAT SUCH INDOOR AIR POLLUTANTS MAY BE UNDISCOVERABLE DURING ROUTINE OR INVASIVE INSPECTIONS, OWNERSHIP, OR OPERATIONS OF THE PROPERTY. IN EVALUATING ITS PURCHASE OF THE PROPERTY AND DETERMINING THE PURCHASE PRICE, BUYER HAS TAKEN (OR SHALL TAKE) THESE MATTERS INTO ACCOUNT, AND BUYER SHALL ASSUME, AT CLOSING, THE RISK OF ALL INDOOR AIR POLLUTANTS, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM PATENT OR LATENT CONSTRUCTION DEFECTS. PURCHASER REPRESENTS TO SELLER THAT PURCHASER HAS CONDUCTED, OR WILL CONDUCT PRIOR TO CLOSING, SUCH INVESTIGATIONS OF THE PROPERTY, INCLUDING, BUT NOT LIMITED TO, THE PHYSICAL AND ENVIRONMENTAL CONDITIONS OF THE LAND AND IMPROVEMENTS, AS PURCHASER DEEMS NECESSARY TO SATISFY ITSELF AS TO THE CONDITION OF THE PROPERTY AND THE EXISTENCE OR NONEXISTENCE OR CURATIVE ACTION TO BE TAKEN WITH RESPECT TO ANY HAZARDOUS OR TOXIC SUBSTANCES ON OR DISCHARGED FROM THE LAND AND IMPROVEMENTS, AND WILL RELY SOLELY UPON SAME AND NOT UPON ANY INFORMATION PROVIDED BY OR ON BEHALF OF SELLER OR ITS AGENTS OR EMPLOYEES WITH RESPECT THERETO, OTHER THAN SUCH REPRESENTATIONS, WARRANTIES AND COVENANTS OF SELLER AS ARE EXPRESSLY SET FORTH IN THIS AGREEMENT OR IN ANY DOCUMENTS DELIVERED AT CLOSING. UPON CLOSING, PURCHASER SHALL ASSUME RESPONSIBILITY FOR THE RISK THAT ADVERSE MATTERS, INCLUDING BUT NOT LIMITED TO, CONSTRUCTION DEFECTS AND ADVERSE PHYSICAL AND ENVIRONMENTAL CONDITIONS, MAY NOT HAVE BEEN REVEALED BY PURCHASER’S INVESTIGATIONS, AND PURCHASER, UPON CLOSING, SHALL BE DEEMED TO HAVE WAIVED, RELINQUISHED AND RELEASED SELLER, SELLER’S AFFILIATED ENTITIES (INCLUDING WITHOUT LIMITATION THE PROPERTY MANAGER) AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, PARTNERS, EMPLOYEES AND AGENTS (COLLECTIVELY, “SELLER PARTIES”) FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION (INCLUDING CAUSES OF ACTION IN TORT), LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL (INCLUDING ATTORNEYS’ FEES AND EXPENSES) OF ANY AND EVERY KIND OR CHARACTER, KNOWN OR UNKNOWN, WHICH PURCHASER MIGHT HAVE ASSERTED OR ALLEGED AGAINST ANY SELLER PARTY OR PARTIES AT ANY TIME BY REASON OF OR ARISING OUT OF ANY LATENT OR PATENT CONSTRUCTION DEFECTS OR PHYSICAL CONDITIONS, VIOLATIONS OF ANY APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS LAWS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT ANY ENVIRONMENTAL LAWS) AND ANY CODESAND ALL OTHER ACTS, MUNICIPAL ORDINANCESOMISSIONS, LAWSEVENTS, RULES, CIRCUMSTANCES OR REGULATIONS MATTERS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTPROPERTY.

Disclaimers. NOTWITHSTANDING ANYTHING THE PARTICIPANT UNDERSTANDS AND AGREES THAT THE PLATFORM, ITS COMPONENTS, ANY RELATED EQUIPMENT, ANY DOCUMENTATION AND OTHER MATERIALS ARE PROVIDED “AS IS”. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, THE PROVIDER, ITS AFFILIATES, AND ANY THIRD-PARTY PROVIDERS, SPECIFICALLY DISCLAIM, WITHOUT LIMITATION, ALL WARRANTIES OF ANY KIND TO THE CONTRARY HEREIN, PURCHASER IS PURCHASING THE PROPERTY "AS IS" PARTICIPANT AND "WHERE IS," AND WITH ALL FAULTS. COUNTY IS MAKING NO REPRESENTATIONS OR WARRANTIESOTHER THIRD PARTIES, WHETHER EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION, OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. COUNTY IS NOT LIABLE OR BOUND BY ANY GUARANTEES, PROMISES, STATEMENTS, REPRESENTATIONS, OR INFORMATION PERTAINING TO THE PROPERTY MADE OR FURNISHED BY ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT COUNTY, EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT IMPLIED WARRANTIES OF MERCHANTABILITY AND ANY CODESFITNESS FOR A PARTICULAR PURPOSE, MUNICIPAL ORDINANCES, LAWS, RULESNON-INFRINGEMENT, OR REGULATIONS REGARDING RETROFITTING THOSE WARRANTIES ARISING FROM A COURSE OF PERFORMANCE, A COURSE OF DEALING OR PLUMBING FIXTURES)TRADE USAGE. THE PROVISIONS PROVIDER AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY OR COMPLETENESS OF THIS PARAGRAPH SHALL SURVIVE ANY INFORMATION ON THE CLOSING PLATFORM OR AS TO THE RESULTS TO BE ATTAINED BY THE PARTICIPANT OR ANY THIRD PARTY FROM ACCESS TO OR USE OF THE TRANSACTION CONTEMPLATED PLATFORM. THE PROVIDER, ITS AFFILIATES AND THIRD-PARTY PROVIDERS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS RELATING TO ANY SOFTWARE, ANY TECHNOLOGY, ANY EQUIPMENT, THE PLATFORM, ANY INFORMATION, MATERIALS, TRANSACTIONS OR THAT THE PLATFORM MEETS THE PARTICIPANT’S REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, COMPLETE, ACCURATE OR FREE FROM ERRORS OR DEFECTS, EXCEPT IN INSTANCES IN WHICH THE PROVIDER HAS ENGAGED IN FRAUD, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR BREACHED ANY WARRANTY, REPRESENTATION OR AGREEMENT. THE PROVIDER DOES NOT MAKE ANY WARRANTY AS TO THE LIFE OF ANY URL GENERATED OR PUBLISHED. THE PARTICIPANT ACKNOWLEDGES THAT CERTAIN SOFTWARE AND EQUIPMENT USED BY THIS AGREEMENTTHE PARTICIPANT MAY NOT BE CAPABLE OF SUPPORTING CERTAIN FEATURES OF THE PLATFORM. EACH PARTY HERETO HEREBY ACKNOWLEDGES THAT IT HAS NOT RELIED UPON ANY REPRESENTATIONS OR WARRANTIES MADE BY THE OTHER EXCEPT AS SPECIFICALLY SET FORTH IN THESE OPERATING PROCEDURES.

Disclaimers. NOTWITHSTANDING ANYTHING ANY AND ALL INFORMATION, MATERIALS, SERVICES, INTELLECTUAL PROPERTY AND OTHER PROPERTY AND RIGHTS GRANTED AND/OR PROVIDED PURSUANT TO THE CONTRARY HEREINTHIS AGREEMENT (INCLUDING ANY STUDENT WORK PRODUCT), PURCHASER IS PURCHASING THE PROPERTY ARE GRANTED AND/OR PROVIDED ON AN "AS IS" AND "WHERE IS," AND WITH ALL FAULTSBASIS. COUNTY IS MAKING NO REPRESENTATIONS OR WARRANTIESPARTY MAKES ANY WARRANTIES OF ANY KIND, WHETHER EITHER EXPRESS OR IMPLIED, REGARDING ANY MATERIALS PROVIDED BY OPERATION IT, AND ALL SUCH WARRANTIES, INCLUDING WARRANTIES OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION, OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED. COUNTY IS NOT LIABLE WITHOUT LIMITING THE GENERAL NATURE OF THE PRIOR SENTENCE, NEITHER CARNEGIE MELLON NOR ANY STUDENT MAKE ANY WARRANTY OF ANY KIND RELATING TO EXCLUSIVITY, INFORMATIONAL CONTENT, ERROR-FREE OPERATION, RESULTS TO BE OBTAINED FROM USE, FREEDOM FROM PATENT, TRADEMARK AND COPYRIGHT INFRINGEMENT AND/OR BOUND BY ANY GUARANTEES, PROMISES, STATEMENTS, REPRESENTATIONS, OR INFORMATION PERTAINING FREEDOM FROM THEFT OF TRADE SECRETS WITH RESPECT TO THE STUDENT WORK PRODUCT. COURSE SPONSOR IS PROHIBITED FROM MAKING ANY EXPRESS OR IMPLIED WARRANTY TO ANY THIRD PARTY ON BEHALF OF CARNEGIE MELLON OR ANY STUDENT RELATING TO ANY MATTER, INCLUDING THE APPLICATION OF OR THE RESULTS TO BE OBTAINED FROM THE INFORMATION, MATERIALS, SERVICES, INTELLECTUAL PROPERTY MADE OR FURNISHED BY ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, OR OTHER PERSON REPRESENTING PROPERTY OR PURPORTING RIGHTS GRANTED AND/OR PROVIDED TO REPRESENT COUNTYIT PURSUANT TO THIS AGREEMENT. NEITHER CARNEGIE MELLON NOR ANY STUDENT SHALL BE LIABLE TO EDUCATIONAL PROJECT SPONSOR OR ANY THIRD PARTY FOR LOSS OF PROFITS OR FOR INCIDENTAL, EXCEPT AS AND INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES FOR ANY REASON WHATSOVER ARISING OUT OF OR RELATING TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND INCLUDING ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS BREACH OF THIS PARAGRAPH SHALL SURVIVE AGREEMENT), EVEN IF CARNEGIE MELLON OR THE CLOSING STUDENT HAS BEEN ADVISED OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTPOSSIBILITY OF SUCH DAMAGES OR HAS OR GAINS KNOWLEDGE OF THE EXISTENCE OF SUCH DAMAGES.

Disclaimers. NOTWITHSTANDING ANYTHING Each party acknowledges and agrees that the Licensed Marks and any other information or materials licensed, made available or provided to Affiliate by CrossFit hereunder are licensed or provided on an “as is” basis. EXCEPT AS EXPRESSLY DESCRIBED IN THIS AGREEMENT, CROSSFIT DOES NOT MAKE ANY WARRANTIES, EXPRESS, IMPLIED, ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, OR STATUTORY, AS TO THE CONTRARY HEREINLICENSED MARKS, PURCHASER IS PURCHASING LICENSED SERVICES OR ANY MATTER WHATSOEVER. EXCEPT AS EXPRESSLY DESCRIBED IN THIS SECTION, ANY AND ALL WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED BY CROSSFIT. AFFILIATE SHALL NOT HAVE THE PROPERTY "AS IS" RIGHT TO MAKE OR PASS ON, AND "WHERE IS," AND WITH SHALL TAKE ALL FAULTS. COUNTY IS MAKING NO REPRESENTATIONS MEASURES NECESSARY TO ENSURE THAT NEITHER AFFILIATE NOR ANY OF ITS AGENTS OR WARRANTIESEMPLOYEES SHALL PASS ON, WHETHER ANY EXPRESS OR IMPLIED, BY OPERATION IMPLIED WARRANTY ON BEHALF OF LAW OR OTHERWISE, WITH RESPECT CROSSFIT TO THE QUALITY, PHYSICAL CONDITION, OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONSANY THIRD PARTIES. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES CROSSFIT DOES NOT ENSURE CONTINUOUS, ERROR- FREE, BUG FREE, SECURE OR VIRUS-FREE OPERATION OF ANY CROSSFIT WEBSITE OR ANY PART OR FEATURE THEREOF OR CONTINUED OPERATION OR AVAILABILITY OF ANY GIVEN CROSSFIT CERTIFICATION, SEMINAR OR TRAINING PROGRAM, THE AFFILIATE PROGRAM OR ANY FEATURE OR PART THEREOF. THE SUCCESS OF CROSSFIT, THE CROSSFIT AFFILIATE PROGRAM, THE LICENSED SERVICES AND THE LICENSED MARKS DEPENDS ON NUMEROUS FACTORS BEYOND CROSSFIT’S CONTROL. AFFILIATE THEREFORE ACKNOWLEDGES AND AGREES THAT USE OF THE CROSSFIT PROGRAM, LICENSED SERVICES AND LICENSED MARKS ARE SPECULATIVE, CROSSFIT DOES NOT MAKE ANY, AND EXPRESSLY DISCLAIMS ALL, REPRESENTATIONS AND WARRANTIES AS TO THE PROFITS, REVENUES OR POTENTIAL SUCCESS OF ANY CROSSFIT PROGRAM, LICENSED SERVICES, LICENSED MARKS OR AFFILIATE PROGRAM OR BUSINESS AND NO WARRANTY OF HABITABILITYLIABILITY SHALL BE IMPOSED UPON CROSSFIT BASED ON ANY CLAIM THAT (I) MORE SALES, SUITABILITY, MERCHANTABILITY, RECEIPTS OR FITNESS FOR A PARTICULAR PURPOSEREVENUE COULD HAVE BEEN MADE OR EARNED AND/OR (II) BETTER PRICES OR TERMS COULD HAVE BEEN OBTAINED. COUNTY CROSSFIT IS NOT LIABLE OBLIGATED TO CONTINUE THE MARKETING, ADVERTISING, PROMOTION, SALE, LICENSE, OPERATION, SUPPORT OR BOUND BY ANY GUARANTEESUSE OF THE CROSSFIT WEBSITES, PROMISESFITNESS PROGRAM, STATEMENTSLICENSED SERVICES, REPRESENTATIONSLICENSED MARKS, AFFILIATE PROGRAM, CERTIFICATIONS, SEMINARS OR INFORMATION PERTAINING TO THE PROPERTY MADE OR FURNISHED BY ANY REAL ESTATE AGENTCOURSES, BROKER, EMPLOYEE, SERVANT, CROSSFIT GAMES OR OTHER PERSON REPRESENTING FITNESS OR PURPORTING TO REPRESENT COUNTYSPORT RELATED EVENTS, EXCEPT AS AND TO SUBJECT MATTER EXPERT PROGRAM OR SEMINARS, RADIO PROGRAM, CROSSFIT JOURNAL OR CONTINUE THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND USE OF ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS PARTICULAR ELEMENT OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING ANY OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTFOREGOING.

Disclaimers. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREINSERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, PURCHASER IS PURCHASING THE PROPERTY "AS IS" AND "WHERE IS," TEGRO EXPRESSLY DISCLAIMS ANY AND WITH ALL FAULTS. COUNTY IS MAKING NO REPRESENTATIONS OR WARRANTIESWARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR EXPRESS, IMPLIED, BY OPERATION OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION, OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. COUNTY WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. TEGRO DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY IN RELATION TO THE CONTENT MADE AVAILABLE THROUGH THE SERVICES, INCLUDING THE CUSTOMER CONTENT, OR ANY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. TEGRO DOES NOT CONTROL OR VET CUSTOMER CONTENT AND IS NOT LIABLE OR BOUND BY ANY GUARANTEESRESPONSIBLE FOR WHAT USERS POST, PROMISES, STATEMENTS, REPRESENTATIONSTRANSMIT, OR INFORMATION PERTAINING SHARE ON OR THROUGH THE SERVICES. TEGRO IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY THIRD-PARTY SERVICES ASSOCIATED WITH OR UTILIZED IN CONNECTION WITH THE SERVICES, INCLUDING THE FAILURE OF ANY SUCH THIRD-PARTY SERVICES OR SUPPORTED PLATFORMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE PROPERTY MADE OR FURNISHED BY ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, OR OTHER PERSON REPRESENTING OR PURPORTING ABOVE LIMITATION MAY NOT APPLY TO REPRESENT COUNTY, EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTYOU.

Disclaimers. NOTWITHSTANDING ANYTHING TO EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT OR IN THE CONTRARY HEREINCLOSING DOCUMENTS: IT IS UNDERSTOOD AND AGREED THAT SELLER IS NOT MAKING AND HAS NOT AT ANY TIME MADE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR CHARACTER, PURCHASER IS PURCHASING THE PROPERTY "AS IS" AND "WHERE IS," AND WITH ALL FAULTS. COUNTY IS MAKING NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION, EQUITY INTERESTS OR VALUE OF THE PROPERTY, THE INCOME INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OR EXPENSES FROM THE PROPERTYREPRESENTATIONS AS TO HABITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ZONING, TAX CONSEQUENCES, LATENT, PATENT, PHYSICAL OR ENVIRONMENTAL CONDITION, UTILITIES, OPERATING HISTORY OR PROJECTIONS, VALUATION, GOVERNMENTAL APPROVALS, THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING GOVERNMENTAL LAWS, THE TRUTH, ACCURACY OR FIRE CODES COMPLETENESS OF ANY DOCUMENTS OR ANY OTHER LAWS INFORMATION PROVIDED BY OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY ON BEHALF OF HABITABILITY, SUITABILITY, MERCHANTABILITYSELLER TO PURCHASER, OR FITNESS FOR A PARTICULAR PURPOSEANY OTHER MATTER OR THING REGARDING THE EQUITY INTERESTS, THE COMPANY, THE SUBSIDIARIES OR THE PROPERTY. COUNTY PURCHASER ACKNOWLEDGES AND AGREES THAT UPON CLOSING SELLER SHALL SELL AND CONVEY TO PURCHASER AND PURCHASER SHALL ACCEPT THE EQUITY INTERESTS AND THE PROPERTY “AS IS, WHERE IS, WITH ALL FAULTS”, EXCEPT TO THE EXTENT EXPRESSLY PROVIDED OTHERWISE IN THIS AGREEMENT OR THE CLOSING DOCUMENTS. PURCHASER HAS NOT RELIED AND WILL NOT RELY ON, AND SELLER IS NOT LIABLE FOR OR BOUND BY BY, ANY GUARANTEESEXPRESS OR IMPLIED WARRANTIES, PROMISESGUARANTIES, STATEMENTS, REPRESENTATIONS, REPRESENTATIONS OR INFORMATION PERTAINING TO THE EQUITY INTERESTS OR THE PROPERTY OR RELATING THERETO (INCLUDING SPECIFICALLY, WITHOUT LIMITATION, PROPERTY INFORMATION PACKAGES DISTRIBUTED WITH RESPECT TO THE EQUITY INTERESTS AND/OR PROPERTY) MADE OR FURNISHED BY ANY REAL ESTATE AGENTSELLER, BROKER, EMPLOYEE, SERVANTTHE MANAGER OF THE PROPERTY, OR OTHER PERSON ANY AGENT REPRESENTING OR PURPORTING TO REPRESENT COUNTYSELLER, EXCEPT TO WHOMEVER MADE OR GIVEN, DIRECTLY OR INDIRECTLY, ORALLY OR IN WRITING, UNLESS SPECIFICALLY SET FORTH IN THIS AGREEMENT. PURCHASER REPRESENTS TO SELLER THAT PURCHASER HAS CONDUCTED, OR WILL CONDUCT PRIOR TO CLOSING, SUCH INVESTIGATIONS OF THE EQUITY INTERESTS AND PROPERTY, INCLUDING BUT NOT LIMITED TO, THE PHYSICAL AND ENVIRONMENTAL CONDITIONS THEREOF, AS AND PURCHASER DEEMS NECESSARY TO SATISFY ITSELF AS TO THE EXTENT CONDITION OF THE PROPERTY AND THE EXISTENCE OR NONEXISTENCE OR CURATIVE ACTION TO BE TAKEN WITH RESPECT TO ANY HAZARDOUS OR TOXIC SUBSTANCES ON OR DISCHARGED FROM THE PROPERTY, AND WILL RELY SOLELY UPON SAME AND NOT UPON ANY INFORMATION PROVIDED BY OR ON BEHALF OF SELLER OR ITS AGENTS OR EMPLOYEES WITH RESPECT THERETO, OTHER THAN SUCH REPRESENTATIONS, WARRANTIES AND COVENANTS OF SELLER AS ARE EXPRESSLY SET FORTH HEREININ THIS AGREEMENT. UPON CLOSING, SUBJECT TO THE CLOSING DOCUMENTS, PURCHASER SHALL ASSUME RESPONSIBILITY FOR THE RISK THAT ADVERSE MATTERS, INCLUDING BUT NOT LIMITED TO, CONSTRUCTION DEFECTS AND ADVERSE PHYSICAL AND ENVIRONMENTAL CONDITIONS, MAY NOT HAVE BEEN REVEALED BY PURCHASER’S INVESTIGATIONS, AND PURCHASER, UPON CLOSING, SHALL BE DEEMED TO HAVE WAIVED, RELINQUISHED AND RELEASED SELLER AND ALL OTHER SELLER PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION (INCLUDING CAUSES OF ACTION IN TORT), LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL (INCLUDING ATTORNEYS’ FEES AND COURT COSTS) OF ANY AND EVERY KIND OR CHARACTER, KNOWN OR UNKNOWN, WHICH PURCHASER MIGHT HAVE ASSERTED OR ALLEGED AGAINST SELLER AT ANY TIME BY REASON OF OR ARISING OUT OF ANY LATENT OR PATENT CONSTRUCTION DEFECTS OR PHYSICAL CONDITIONS, VIOLATIONS OF ANY APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS LAWS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, ENVIRONMENTAL LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). SUBJECT TO THE PROVISIONS PRECEDING SENTENCE, PURCHASER AGREES THAT SHOULD ANY CLEANUP, REMEDIATION OR REMOVAL OF THIS PARAGRAPH SHALL SURVIVE HAZARDOUS MATERIALS OR OTHER ENVIRONMENTAL CONDITIONS ON THE CLOSING PROPERTY BE REQUIRED AFTER THE DATE OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTCLOSING, PURCHASER HEREBY WAIVES ANY RIGHT TO PURSUE ANY ACTION AGAINST SELLER WITH RESPECT TO SUCH CLEAN-UP, REMOVAL OR REMEDIATION. By initialing below, Purchaser acknowledges that (a) this Section 8.2 has been read and fully understood, (b) Purchaser has had the chance to ask questions of its counsel about its meaning and significance, and (c) Purchaser has accepted and agreed to the terms set forth in this Section 8.2.

Disclaimers. NOTWITHSTANDING ANYTHING THE SITE AND CONTENT ARE PROVIDED TO THE CONTRARY HEREIN, PURCHASER IS PURCHASING THE PROPERTY "YOU STRICTLY ON AN “AS IS" ” AND "WHERE IS," “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND WHATSOEVER, AND THE XXXX.XX ENTITIES HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES OR GUARANTEES IN CONNECTION WITH ALL FAULTS. COUNTY IS MAKING NO REPRESENTATIONS OR WARRANTIESTHE SITE, CONTENT, AND THESE TERMS, WHETHER EXPRESS OR EXPRESS, IMPLIED, BY OPERATION OF LAW STATUTORY, OR OTHERWISE, WITH RESPECT INCLUDING BUT NOT LIMITED TO THE QUALITYANY IMPLIED WARRANTIES OF MERCHANTABILITY, PHYSICAL CONDITIONFITNESS FOR A PARTICULAR PURPOSE, OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONSAND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITYTHE XXXX.XX ENTITIES DO NOT MAKE ANY REPRESENTATIONS, SUITABILITYWARRANTIES OR GUARANTEES WITH RESPECT TO THE COMPLETENESS, MERCHANTABILITYSECURITY, RELIABILITY, QUALITY, ACCURACY, PERFORMANCE, OR FITNESS FOR A PARTICULAR PURPOSE. COUNTY IS NOT LIABLE AVAILABILITY OF THE SITE OR BOUND BY CONTENT, NOR DO THE XXXX.XX ENTITIES REPRESENT, WARRANT OR GUARANTEE THAT ANY GUARANTEESDEFECTS, PROMISESERRORS OR MALFUNCTIONS IN OR CONNECTED WITH THE SITE OR CONTENT WILL BE CORRECTED, STATEMENTSTHAT THE SITE, REPRESENTATIONSCONTENT, OR INFORMATION PERTAINING TO THE PROPERTY MADE SERVERS THAT MAKES ANY OF THEM AVAILABLE, ARE FREE OF VIRUSES, TRAPS OR FURNISHED BY ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANTOTHER HARMFUL CODE OR COMPONENTS, OR OTHER PERSON REPRESENTING THAT THE SITE OR PURPORTING TO REPRESENT COUNTY, EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH HEREINCONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATIONACCORDINGLY, THE AMERICANS XXXX.XX ENTITIES SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM OR IN CONNECTION WITH DISABILITIES ACT AND ANY CODESTHE SITE OR CONTENT, MUNICIPAL ORDINANCESFOR EXAMPLE, LAWSFROM THE SITE OR CONTENT INOPERABILITY, RULESUNAVAILABILITY, OR REGULATIONS REGARDING RETROFITTING SECURITY VULNERABILITIES OR PLUMBING FIXTURES). FROM YOUR RELIANCE ON THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING QUALITY, ACCURACY, OR RELIABILITY OF THE TRANSACTION CONTEMPLATED BY SITE OR CONTENT, OR ANY INFORMATION FOUND ON, USED ON, OR MADE AVAILABLE IN OR THROUGH THE SITE OR CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO SOME OF THE EXCLUSIONS AND/OR LIMITATIONS IN THIS AGREEMENTSECTION 10 MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE SITE AND/OR CONTENT FOR ANY REASON, YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IS TO DISCONTINUE ALL YOUR ACCESS TO AND USE OF THE SITE AND CONTENT.

Disclaimers. NOTWITHSTANDING ANYTHING YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE CONTRARY HEREINFULLEST EXTENT PERMITTED BY APPLICABLE LAW, PURCHASER YOUR USE OF THE SERVICES AND ANY PRODUCTS OFFERED THROUGH THE SERVICES IS PURCHASING AT YOUR SOLE RISK, AND THE PROPERTY SERVICES AND ANY PRODUCTS ARE PROVIDED ON AN "AS IS" AND "WHERE IS,AS AVAILABLE" AND BASIS, WITH ALL FAULTS. COUNTY IS MAKING NO REPRESENTATIONS OR TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, BY OPERATION INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF LAW MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICES AND PRODUCTS. THE COMPANY PARTIES MAKE NO WARRANTY, REPRESENTATION OR OTHERWISECONDITION THAT: (1) THE SERVICES OR ANY PRODUCTS WILL MEET YOUR REQUIREMENTS OR (2) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, WITH RESPECT TIMELY, SECURE OR ERROR-FREE. TO THE QUALITYMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PHYSICAL CONDITIONTHE COMPANY PARTIES SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS OR REVENUE OR FOR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, OR VALUE DAMAGES OR COSTS DUE TO LOSS OF DATA, PRODUCTION, OR USE, BUSINESS INTERRUPTION OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE PROPERTYPOSSIBILITY OF SUCH DAMAGES. THE COMPANY PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, THE INCOME DELETION, MISDELIVERY OR EXPENSES FROM THE PROPERTYFAILURE TO STORE ANY CONTENT, USER COMMUNICATIONS OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONSPERSONALIZATION SETTINGS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY THE COMPANY WILL NOT BE LIABLE FOR DAMAGES OF HABITABILITY, SUITABILITY, MERCHANTABILITYANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE OR FROM ANY PRODUCTS OR TRANSACTIONS OR TRANSFERS RELATING TO PRODUCTS, OR FITNESS FOR A PARTICULAR PURPOSE. COUNTY IS NOT LIABLE OR BOUND BY FROM ANY GUARANTEESTHIRD PARTY MATERIALS, PROMISES, STATEMENTS, REPRESENTATIONS, OR INFORMATION PERTAINING TO THE PROPERTY MADE OR FURNISHED BY INCLUDING FROM ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT COUNTY, EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCESVIRUS THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH, AND INCLUDING FROM ANY DISPUTE WITH ANY OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING USER OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTSERVICE.

Disclaimers. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, PURCHASER IS PURCHASING THE PROPERTY "AS IS" LIMITED WARRANTIES SET FORTH HEREIN ARE IN LIEU OF AND "WHERE IS," AND WITH EXCLUDE ALL FAULTS. COUNTY IS MAKING NO REPRESENTATIONS OTHER EXPRESS OR IMPLIED WARRANTIES, WHETHER EXPRESS OR IMPLIED, BY OPERATION INCLUDING BUT NOT LIMITED TO WARRANTIES OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION, OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR APPLICATION, AND ALL OTHER OBLIGATIONS ON THE PART OF CANADIAN SOLAR UNLESS SUCH OTHER WARRANTIES AND OBLIGATIONS ARE AGREED TO IN WRITING BY CANADIAN SOLAR. COUNTY IS SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO THE BUYER. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CANADIAN SOLAR HEREBY DISCLAIMS, AND SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR, DAMAGE OR INJURY TO PERSONS OR PROPERTY OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO ANY OF ITS PRODUCTS OR THEIR USE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL CANADIAN SOLAR BE LIABLE OR BOUND BY ANY GUARANTEES, PROMISES, STATEMENTS, REPRESENTATIONSTO THE BUYER, OR INFORMATION PERTAINING TO ANY THIRD PARTY CLAIMING THROUGH OR UNDER THE BUYER, FOR ANY LOST PROFITS, LOSS OF USE, OR EQUIPMENT DOWNTIME, OR FOR ANY INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY KIND, HOWSOEVER ARISING, RELATED TO THE PROPERTY MADE OR FURNISHED BY ANY REAL ESTATE AGENTPRODUCTS, BROKER, EMPLOYEE, SERVANT, OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT COUNTY, EXCEPT AS AND EVEN IF CANADIAN SOLAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT EXPRESSLY SET FORTH HEREINPERMITTED BY APPLICABLE LAW, CANADIAN SOLAR’S AGGREGATE LIABILITY, IF ANY, IN DAMAGES OR OTHERWISE, SHALL NOT EXCEED THE PURCHASE PRICE PAID TO CANADIAN SOLAR BY THE BUYER FOR THE PRODUCT IN THE CASE OF A WARRANTY CLAIM. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS THE BUYER ACKNOWLEDGES THAT THE FOREGOING LIMITATIONS ON LIABILITY ARE AN ESSENTIAL ELEMENT OF THE AGREEMENT BETWEEN THE PARTIES AND EXPENSES REQUIRED THAT IN THE ABSENCE OF SUCH LIMITATIONS THE PURCHASE PRICE OF THE PRODUCTS WOULD BE SUBSTANTIALLY DIFFERENT. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO CAUSE THE PROPERTY BUYER. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON THE EXCLUSION OF DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCESTHE BUYER. YOU MAY HAVE SPECIFIC LEGAL RIGHTS OUTSIDE THIS WARRANTY, AND YOU MAY ALSO HAVE OTHER LAWSRIGHTS THAT VARY FROM STATE TO STATE OR COUNTRY TO COUNTRY. THIS LIMITED WARRANTY DOES NOT AFFECT ANY ADDITIONAL RIGHTS YOU HAVE UNDER LAWS IN YOUR JURISDICTION GOVERNING THE SALE OF CONSUMER GOODS. SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTIAL OR CONSEQUENTIAL DAMAGES, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, SO THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, LIMITATIONS OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS OF EXCLUSIONS IN THIS PARAGRAPH SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTLIMITED WARRANTY STATEMENT MAY NOT APPLY.

Disclaimers. NOTWITHSTANDING ANYTHING TO THE CONTRARY ANY OTHER PROVISION CONTAINED HEREIN, PURCHASER IT IS PURCHASING UNDERSTOOD AND AGREED THAT THE PROPERTY "AS IS" CITY IS NOT MAKING AND "WHERE IS," AND WITH ALL FAULTS. COUNTY IS MAKING NO HAS NOT AT ANY TIME MADE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR WARRANTIESCHARACTER, WHETHER EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITYPROPERTY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OR REPRESENTATIONS AS TO HABITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, LEASING, ZONING, TAX CONSEQUENCES, LATENT OR PATENT PHYSICAL CONDITION, UTILITIES, OPERATING HISTORY OR VALUE OF THE PROPERTYPROJECTIONS, THE INCOME OR EXPENSES FROM THE PROPERTYVALUATION, GOVERNMENTAL APPROVALS, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONSLAWS. WITHOUT LIMITING XXXXX ACKNOWLEDGES AND AGREES THAT AT THE FOREGOINGCLOSING, COUNTY MAKES NO WARRANTY OF HABITABILITYTHE CITY SHALL SELL AND CONVEY TO BUYER AND BUYER SHALL ACCEPT THE PROPERTY “AS IS, SUITABILITYWHERE IS, MERCHANTABILITYWITH ALL FAULTS”. XXXXX HAS NOT RELIED AND WILL NOT RELY ON, OR FITNESS FOR A PARTICULAR PURPOSE. COUNTY AND THE CITY IS NOT LIABLE FOR OR BOUND BY BY, ANY GUARANTEESEXPRESS OR IMPLIED WARRANTIES, PROMISESGUARANTIES, STATEMENTS, REPRESENTATIONS, OR INFORMATION PERTAINING TO THE PROPERTY OR RELATING THERETO (INCLUDING SPECIFICALLY, WITHOUT LIMITATION, PROPERTY INFORMATION PACKAGES DISTRIBUTED WITH RESPECT TO THE PROPERTY) MADE OR FURNISHED BY ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANTTHE CITY, OR OTHER PERSON REPRESENTING THE CITY’S OFFICERS, EMPLOYEES, AND AGENTS, TO WHOMEVER MADE OR PURPORTING TO REPRESENT COUNTYGIVEN, EXCEPT AS AND DIRECTLY OR INDIRECTLY, ORALLY OR IN WRITING. BUYER REPRESENTS TO THE EXTENT EXPRESSLY SET FORTH HEREINCITY THAT BUYER HAS CONDUCTED, OR WILL CONDUCT PRIOR TO CLOSING, SUCH INVESTIGATIONS OF THE PROPERTY, INCLUDING BUT NOT LIMITED TO THE PHYSICAL AND ENVIRONMENTAL CONDITION THEREOF, AS BUYER DEEMS NECESSARY TO SATISFY ITSELF AS TO THE CONDITION OF THE PROPERTY. PURCHASER AT THE CLOSING, BUYER SHALL ASSUME RESPONSIBILITY FOR BE DEEMED TO HAVE WAIVED, RELINQUISHED AND RELEASED THE CITY (AND CITY’S OFFICERS, EMPLOYEES, AND AGENTS) FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION (INCLUDING CAUSES OF ACTION IN TORT), LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES REQUIRED TO CAUSE (INCLUDING ATTORNEYS' FEES AND COURT COSTS) OF ANY AND EVERY KIND OR CHARACTER, KNOWN OR UNKNOWN, WHICH BUYER MIGHT HAVE ASSERTED OR ALLEGED AGAINST THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING CITY (AND FIRE CODESCITY’S OFFICERS, MUNICIPAL ORDINANCESEMPLOYEES, AND OTHER LAWSAGENTS) AT ANY TIME BY REASON OF OR ARISING OUT OF ANY LATENT OR PATENT CONSTRUCTION DEFECTS OR PHYSICAL CONDITIONS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT VIOLATIONS OF ANY APPLICABLE LAWS AND ANY CODESAND ALL OTHER ACTS, MUNICIPAL ORDINANCESOMISSIONS, LAWSEVENTS, RULES, CIRCUMSTANCES OR REGULATIONS MATTERS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTPROPERTY.

Disclaimers. NOTWITHSTANDING ANYTHING TO EXCEPT FOR THE CONTRARY HEREINREPRESENTATIONS, PURCHASER WARRANTIES AND COVENANTS OF SELLER EXPRESSLY SET FORTH IN THIS AGREEMENT, IT IS PURCHASING THE PROPERTY "AS IS" UNDERSTOOD AND "WHERE IS," AGREED THAT SELLER IS NOT MAKING AND WITH ALL FAULTS. COUNTY IS MAKING NO HAS NOT AT ANY TIME MADE ANY REPRESENTATIONS OR WARRANTIESWARRANTIES OF ANY KIND OR CHARACTER, WHETHER EXPRESS EXPRESSED OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE PROPERTY, INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATIONS OR WARRANTIES AS TO HABITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ZONING, TAX CONSEQUENCES, LATENT OR PATENT PHYSICAL OR ENVIRONMENTAL CONDITION, THE QUALITY, NATURE, ADEQUACY AND PHYSICAL CONDITIONCONDITION OF THE PROPERTY (INCLUDING, OR VALUE BUT NOT LIMITED TO, THE STRUCTURAL ELEMENTS, FOUNDATION, ROOF, APPURTENANCES, ACCESS, LANDSCAPING, PARKING FACILITIES AND THE ELECTRICAL, MECHANICAL, HVAC, PLUMBING, SEWAGE, AND UTILITY SYSTEMS, FACILITIES AND APPLIANCES), THE DEVELOPMENT POTENTIAL OF THE PROPERTY, THE INCOME PRESENCE OF HAZARDOUS SUBSTANCES ON, IN, UNDER OR EXPENSES FROM ABOUT THE PROPERTY OR ANY ADJOINING OR NEIGHBORING PROPERTY, UTILITIES, OPERATING HISTORY OR PROJECTIONS, VALUATION, GOVERNMENTAL APPROVALS, THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING GOVERNMENTAL LAWS, THE TRUTH, ACCURACY OR FIRE CODES COMPLETENESS OF THE DUE DILIGENCE DOCUMENTS OR ANY OTHER LAWS INFORMATION PROVIDED BY OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY ON BEHALF OF HABITABILITY, SUITABILITY, MERCHANTABILITYSELLER TO PURCHASER, OR FITNESS ANY OTHER MATTER OR THING REGARDING THE PROPERTY. PURCHASER ACKNOWLEDGES AND AGREES THAT, UPON CLOSING, SELLER SHALL SELL AND CONVEY TO PURCHASER, AND PURCHASER SHALL ACCEPT, THE PROPERTY “AS IS, WHERE IS, WITH ALL FAULTS”, EXCEPT TO THE EXTENT OF THE REPRESENTATIONS, WARRANTIES AND COVENANTS OF SELLER EXPRESSLY SET FORTH IN THIS AGREEMENT OR AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT. EXCEPT FOR A PARTICULAR PURPOSE. COUNTY THE REPRESENTATIONS, WARRANTIES AND COVENANTS AND EXPRESS TERMS OF THIS AGREEMENT, PURCHASER HAS NOT RELIED AND SHALL NOT RELY ON, AND SELLER IS NOT LIABLE FOR OR BOUND BY BY, ANY GUARANTEESEXPRESSED OR IMPLIED WARRANTIES, PROMISESGUARANTIES, STATEMENTS, REPRESENTATIONS, REPRESENTATIONS OR INFORMATION PERTAINING TO THE PROPERTY OR RELATING THERETO MADE OR FURNISHED BY SELLER, THE MANAGER OF THE PROPERTY, ANY OF THE SELLER PARTIES, OR ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, COUNSEL OR OTHER PERSON AGENT REPRESENTING OR PURPORTING TO REPRESENT COUNTYSELLER, EXCEPT AS AND TO WHOMEVER MADE OR GIVEN, DIRECTLY OR INDIRECTLY, ORALLY OR IN WRITING, UNLESS SPECIFICALLY SET FORTH IN THIS AGREEMENT. PURCHASER REPRESENTS TO SELLER THAT PURCHASER HAS CONDUCTED, OR WILL CONDUCT PRIOR TO THE EXTENT EXPIRATION OF THE DUE DILIGENCE PERIOD, SUCH INVESTIGATIONS OF THE PROPERTY, INCLUDING BUT NOT LIMITED TO, THE PHYSICAL AND ENVIRONMENTAL CONDITIONS THEREOF, AS PURCHASER DEEMS NECESSARY TO SATISFY ITSELF AS TO THE CONDITION OF THE PROPERTY AND THE EXISTENCE OR NONEXISTENCE OF CURATIVE ACTION TO BE TAKEN WITH RESPECT TO ANY HAZARDOUS OR TOXIC SUBSTANCES ON OR DISCHARGED FROM THE PROPERTY, AND SHALL RELY SOLELY UPON SAME AND NOT UPON ANY INFORMATION PROVIDED BY OR ON BEHALF OF SELLER OR ITS AGENTS OR EMPLOYEES WITH RESPECT THERETO, OTHER THAN SUCH REPRESENTATIONS, WARRANTIES AND COVENANTS OF SELLER AS ARE EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED BY IN THIS AGREEMENT.

Disclaimers. NOTWITHSTANDING ANYTHING SLS AND ITS AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION BY YOU OR INVESTOR BASED ON THE INFORMATION, SERVICES OR OTHER MATERIAL ON THE WEBSITE. WHILE SLS AND ITS CONTRACTORS INTEND TO KEEP THE SERVICING INFORMATION ON THE WEBSITE ACCURATE, COMPLETE AND UP-TO- DATE, SLS AND ITS CONTRACTORS CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR LIABILITY RELATED TO, THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE SERVICING INFORMATION. EXCEPT TO THE CONTRARY HEREINEXTENT OTHERWISE EXPRESSLY PROVIDED BY THE APPLICABLE DOCUMENTATION THAT GOVERNS THE SERVICING OF THE RELATED MORTGAGE LOANS BY SLS, PURCHASER ALL SERVICING INFORMATION ON THE WEBSITE IS PURCHASING THE PROPERTY PROVIDED TO YOU AND INVESTOR "AS IS" AND "WHERE IS,AS AVAILABLE" AND WITHOUT ANY REPRESENTATIONS, ENDORSEMENTS, WARRANTIES OR CONDITIONS, OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITH RESPECT TO YOUR ACCESS AND USE OF THE WEBSITE, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SLS DISCLAIMS ALL FAULTS. COUNTY IS MAKING NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, BY OPERATION INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION, OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT. COUNTY IS NOT LIABLE OR BOUND BY ANY GUARANTEES, PROMISES, STATEMENTS, REPRESENTATIONS, OR INFORMATION PERTAINING TO THE PROPERTY MADE OR FURNISHED BY ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT COUNTY, EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR THAT APPLICABLE LAW DOES NOT PERMIT THE DISCLAIMER OF WARRANTIES, ALL COSTS AND EXPENSES REQUIRED CONTENT ACCESSIBLE ON THIS WEBSITE, OR ANY OTHER WEBSITE TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCESWHICH WE LINK, AND ALL OPERATIONS ON THIS WEBSITE ARE WARRANTED ONLY TO THE MINIMUM AMOUNT LEGALLY REQUIRED. SLS AND ITS AFFILIATES SHALL NOT BE LIABLE TO YOU OR INVESTOR FOR ANY LOSS, COST, DAMAGE, LIABILITY OR OTHER LAWSINJURY, RULESWHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE, ARISING OUT OF OR CAUSED IN WHOLE OR IN PART BY YOUR USE OR INVESTOR’S USE OF OR RELIANCE ON THE WEBSITE OR SLS’ PERFORMANCE OF ITS OBLIGATIONS UNDER OR IN CONNECTION WITH THIS AGREEMENT. YOU AND INVESTOR ACKNOWLEDGE AND AGREE THAT SLS AND ITS AFFILIATES CANNOT AND DO NOT GUARANTEE OR WARRANT THAT ANY SERVICING INFORMATION, INCLUDING ANY FILES, AVAILABLE FOR VIEWING AND DOWNLOADING FROM THE WEBSITE WILL BE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU AND INVESTOR ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND SAFETY MEASURES TO SATISFY YOUR REQUIREMENTS FOR PROTECTION OF AND ACCURACY OF DATA INPUT AND OUTPUT, AND REGULATIONS (FOR MAINTAINING A MEANS EXTERNAL TO THE WEBSITE FOR THE RECONSTRUCTION OF ANY LOST DATA. IT IS SOLELY YOUR AND INVESTOR’S RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL SERVICING INFORMATION AND OTHER SERVICES PROVIDED THROUGH THE WEBSITE OR ON THE INTERNET GENERALLY WITH RESPECT TO THE RELATED MORTGAGE LOANS. UNDER NO CIRCUMSTANCES WILL SLS AND ITS AFFILIATES BE LIABLE TO YOU OR INVESTOR FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND RELATING TO OR ARISING FROM THE WEBSITE OR YOUR ACCESS OR USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, REIMBURSEMENT OR DAMAGES ON ACCOUNT OF THE AMERICANS WITH DISABILITIES ACT LOSS OF PRESENT OR PROSPECTIVE PROFITS, INVESTMENTS OR COMMITMENTS, WHETHER MADE IN THE ESTABLISHMENT, DEVELOPMENT OR MAINTENANCE OF BUSINESS REPUTATION OR GOODWILL, FOR LOSS OF DATA, COST OF CAPITAL AND CLAIMS OF ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULESTHIRD PARTY, OR REGULATIONS REGARDING RETROFITTING FOR ANY OTHER REASON WHATSOEVER, EVEN IF SLS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. TO THE EXTENT PERMITTED BY LAW, SLS AND ITS AFFILIATES DISCLAIM LIABILITY FOR ANY DIRECT DAMAGES BASED ON YOUR USE OR PLUMBING FIXTURES). THE PROVISIONS INVESTOR’S USE OR ANY AUTHORIZED USER’S USE OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTWEBSITE OR ITS CONTENTS.

Disclaimers. NOTWITHSTANDING ANYTHING EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY HEREININ A WRITING BY NUMBERS, PURCHASER IS PURCHASING THE PROPERTY "SITE CONTENT CONTAINED THEREIN, AND XVCARE PROVIDED ON AN “AS IS" ” AND "WHERE IS," “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. NUMBERS (AND WITH ITS SUPPLIERS) MAKE NO WARRANTY THAT THE SITE: A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. NUMBERS DISCLAIMS ALL FAULTS. COUNTY IS MAKING NO REPRESENTATIONS OTHER WARRANTIES OR WARRANTIESCONDITIONS, WHETHER EXPRESS OR IMPLIED, BY OPERATION INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION, OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT AS TO THE SITE, CONTENT CONTAINED THEREIN AND XVC. COUNTY NUMBERS DOES NOT REPRESENT OR WARRANT THAT CONTENT ON THE SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WE WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR BOUND BY TAKEN IN RELIANCE ON MATERIAL OR INFORMATION, CONTAINED ON THE SITE. WHILE NUMBERS ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SITE, CONTENT AND XVC SAFE, NUMBERS CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE, CONTENT, XVC OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY GUARANTEESDATA THAT YOU DISCLOSE ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR AND WILL NOT BE LIABLE TO YOU FOR ANY USE OF XVC, PROMISESINCLUDING BUT NOT LIMITED TO ANY LOSSES, STATEMENTSDAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR SUCH AS FORGOTTEN PASSWORDS, REPRESENTATIONSINCORRECTLY CONSTRUCTED TRANSACTIONS, OR INFORMATION PERTAINING MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) UNAUTHORIZED ACCESS TO APPLICATIONS; (E) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE PROPERTY MADE OR FURNISHED BY ANY REAL ESTATE AGENTUSE OF VIRUSES, BROKERPHISHING, EMPLOYEE, SERVANT, BRUTEFORCING OR OTHER PERSON REPRESENTING MEANS OF ATTACK AGAINST THE SITE OR PURPORTING TO REPRESENT COUNTY, EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH HEREINXVC. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES)XVC IS AN INTANGIBLE DIGITAL ASSET. THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING XVCEXISTS ONLY BY VIRTUE OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTOWNERSHIP RECORD MAINTAINED IN THE EOS NETWORK. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY XVC OCCURS ON THE DECENTRALIZED LEDGER WITHIN THE EOS PLATFORM. WE DO NOT GUARANTEE THAT NUMBERS OR ANY NUMBERS PARTY CAN EFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY XVC. Numbers is not responsible for sustained casualties due to vulnerability or any kind of failure, abnormal behavior of software (e.g., wallet, smart contract), blockchains or any other features of the XVC. Numbers is not responsible for casualties due to late report by developers or representatives (or no report at all) of any issues with the blockchain supporting XVC including forks, technical node issues or any other issues having fund losses as a result. Nothing in this Agreement shall exclude or limit liability of either party for fraud, death or bodily injury caused by negligence, violation of laws, or any other activity that cannot be limited or excluded by legitimate means. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Disclaimers. NOTWITHSTANDING ANYTHING TO EXCEPT FOR THE CONTRARY HEREINEXPRESS REPRESENTATIONS AND WARRANTIES OF POST SET FORTH IN SECTION 6.1 HEREOF, PURCHASER JUPITER UNDERSTANDS AND AGREES THAT POST IS PURCHASING THE PROPERTY "AS IS" NOT MAKING AND "WHERE IS," AND WITH ALL FAULTS. COUNTY IS MAKING NO HAS NOT AT ANY TIME MADE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR WARRANTIESCHARACTER, WHETHER EXPRESS EXPRESSED OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITYPROPERTY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OR REPRESENTATIONS AS TO HABITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE (OTHER THAN POST'S LIMITED OR SPECIAL WARRANTY OF TITLE TO BE SET FORTH IN THE DEED), ZONING, TAX CONSEQUENCES, LATENT OR PATENT PHYSICAL OR ENVIRONMENTAL CONDITION, UTILITIES, OPERATING HISTORY OR VALUE OF THE PROPERTYPROJECTIONS, THE INCOME OR EXPENSES FROM THE PROPERTYVALUATION, OR GOVERNMENTAL APPROVALS, THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING GOVERNMENTAL LAWS, THE ABSENCE OR FIRE CODES PRESENCE OF HAZARDOUS MATERIALS OR OTHER LAWS TOXIC SUBSTANCES (INCLUDING WITHOUT LIMITATION MOLD OR REGULATIONS. WITHOUT LIMITING ANY MOLD CONDITION), COMPLIANCE WITH ENVIRONMENTAL LAWS, THE FOREGOINGTRUTH, COUNTY MAKES NO WARRANTY ACCURACY OR COMPLETENESS OF HABITABILITY, SUITABILITY, MERCHANTABILITYTHE PROPERTY DOCUMENTS OR ANY OTHER INFORMATION PROVIDED BY OR ON BEHALF OF POST TO JUPITER, OR FITNESS FOR A PARTICULAR PURPOSEANY OTHER MATTER OR THING REGARDING THE PROPERTY. COUNTY JUPITER ACKNOWLEDGES AND AGREES THAT UPON CLOSING POST SHALL TRANSFER AND CONVEY TO JUPITER AND JUPITER SHALL ACCEPT THE PROPERTY "AS IS, WHERE IS, WITH ALL FAULTS", EXCEPT TO THE EXTENT EXPRESSLY PROVIDED OTHERWISE IN THIS AGREEMENT. JUPITER HAS NOT RELIED AND WILL NOT RELY ON, AND POST IS NOT LIABLE FOR OR BOUND BY BY, ANY GUARANTEESEXPRESSED OR IMPLIED WARRANTIES, PROMISESGUARANTIES, STATEMENTS, REPRESENTATIONS, REPRESENTATIONS OR INFORMATION PERTAINING TO THE PROPERTY OR RELATING THERETO (INCLUDING SPECIFICALLY, WITHOUT LIMITATION, PROPERTY INFORMATION PACKAGES DISTRIBUTED WITH RESPECT TO THE PROPERTY) MADE OR FURNISHED BY POST, THE MANAGER OF THE PROPERTY, OR ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, BROKER OR OTHER PERSON AGENT REPRESENTING OR PURPORTING TO REPRESENT COUNTYPOST, EXCEPT TO WHOMEVER MADE OR GIVEN, DIRECTLY OR INDIRECTLY, ORALLY OR IN WRITING, UNLESS SPECIFICALLY SET FORTH IN THIS AGREEMENT. JUPITER REPRESENTS TO POST THAT JUPITER HAS CONDUCTED, OR WILL CONDUCT PRIOR TO CLOSING, SUCH INVESTIGATIONS OF THE PROPERTY, INCLUDING BUT NOT LIMITED TO, THE PHYSICAL AND ENVIRONMENTAL CONDITIONS THEREOF, AS AND JUPITER DEEMS NECESSARY 50 TO SATISFY ITSELF AS TO THE EXTENT CONDITION OF THE PROPERTY AND THE EXISTENCE OR NONEXISTENCE OR CURATIVE ACTION TO BE TAKEN WITH RESPECT TO ANY HAZARDOUS MATERIALS OR TOXIC SUBSTANCES ON OR DISCHARGED FROM THE PROPERTY (INCLUDING WITHOUT LIMITATION ANY MOLD OR MOLD CONDITION), AND WILL RELY SOLELY UPON SAME AND NOT UPON ANY INFORMATION PROVIDED BY OR ON BEHALF OF POST OR ITS AGENTS OR EMPLOYEES WITH RESPECT THERETO, OTHER THAN SUCH REPRESENTATIONS, WARRANTIES AND COVENANTS OF POST AS ARE EXPRESSLY SET FORTH HEREININ THIS AGREEMENT. PURCHASER UPON CLOSING, JUPITER SHALL ASSUME RESPONSIBILITY FOR THE RISK THAT ADVERSE MATTERS, INCLUDING BUT NOT LIMITED TO, CONSTRUCTION DEFECTS AND ADVERSE PHYSICAL AND ENVIRONMENTAL CONDITIONS, MAY NOT HAVE BEEN REVEALED BY JUPITER'S INVESTIGATIONS, AND, SUBJECT TO SECTION 10.3, JUPITER, UPON CLOSING, SHALL BE DEEMED TO HAVE WAIVED, RELINQUISHED AND RELEASED POST (AND POST'S AND ITS PARTNERS' RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS) FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION (INCLUDING CAUSES OF ACTION IN TORT OR UNDER ANY ENVIRONMENTAL LAW), LOSSES, DAMAGES, LIABILITIES (WHETHER BASED ON STRICT LIABILITY OR OTHERWISE), LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL (INCLUDING ATTORNEYS' FEES AND COURT COSTS) OF ANY AND EVERY KIND OR CHARACTER, KNOWN OR UNKNOWN, WHICH JUPITER MIGHT HAVE ASSERTED OR ALLEGED AGAINST POST (AND POST'S AND ITS PARTNERS' RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS) AT ANY TIME BY REASON OF OR ARISING OUT OF ANY LATENT OR PATENT CONSTRUCTION DEFECTS OR PHYSICAL CONDITIONS, VIOLATIONS OF ANY APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS LAWS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT ANY ENVIRONMENTAL LAWS) AND ANY CODESAND ALL OTHER ACTS, MUNICIPAL ORDINANCESOMISSIONS, LAWSEVENTS, RULES, CIRCUMSTANCES OR REGULATIONS MATTERS REGARDING RETROFITTING OR PLUMBING FIXTURES)THE PROPERTY. THE PROVISIONS FOREGOING SHALL NOT BE INTERPRETED TO WAIVE ANY CLAIM OF JUPITER WITH RESPECT TO ANY BREACH BY POST OF ANY EXPRESS REPRESENTATIONS AND WARRANTIES MADE BY POST IN SECTION 6.1 THAT EXPRESSLY SURVIVE CLOSING PURSUANT TO SECTION 6.3 . SUBJECT TO SECTION 10.3, JUPITER AGREES THAT SHOULD ANY INVESTIGATION, CLEANUP, REMEDIATION OR REMOVAL OF HAZARDOUS SUBSTANCES OR OTHER ENVIRONMENTAL CONDITIONS (INCLUDING WITHOUT LIMITATION ANY MOLD OR MOLD CONDITION) ON OR RELATED TO THE PROPERTY BE REQUIRED AFTER THE DATE OF CLOSING, POST SHALL HAVE NO LIABILITY TO JUPITER TO PERFORM OR PAY FOR SUCH INVESTIGATION, CLEAN-UP, REMOVAL OR REMEDIATION, AND JUPITER EXPRESSLY WAIVES AND RELEASES ANY CLAIM TO THE CONTRARY. THE FOREGOING SHALL NOT BE INTERPRETED TO WAIVE ANY CLAIM OF JUPITER WITH RESPECT TO ANY BREACH BY POST OF ANY EXPRESS REPRESENTATIONS AND WARRANTIES MADE BY POST IN SECTION 6.1 THAT EXPRESSLY SURVIVE CLOSING PURSUANT TO SECTION 6.3 . JUPITER REPRESENTS AND WARRANTS THAT THE TERMS OF THE RELEASE CONTAINED HEREIN AND ITS CONSEQUENCES HAVE BEEN COMPLETELY READ AND UNDERSTOOD BY JUPITER, AND JUPITER HAS HAD THE OPPORTUNITY TO CONSULT WITH, AND HAS CONSULTED WITH, LEGAL COUNSEL OF JUPITER'S CHOICE WITH REGARD TO THE TERMS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING RELEASE. JUPITER ACKNOWLEDGES AND WARRANTS THAT JUPITER'S EXECUTION OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTRELEASE IS FREE AND VOLUNTARY.

Disclaimers. NOTWITHSTANDING ANYTHING ▪ DISCLAIMER OF IMPLIED WARRANTIES ▪ THE Uniapply SOLUTION, INCLUDING FOR GREATER CERTAINTY, THE CONTENT, AND REFERENCES, LINKS AND INFORMATION IN THE CONTENT, IS PROVIDED TO THE CONTRARY HEREIN, PURCHASER IS PURCHASING THE PROPERTY "YOU “AS IS" AND "WHERE IS," AND WITH ALL FAULTS. COUNTY IS MAKING NO REPRESENTATIONS ” WITHOUT WARRANTY OR WARRANTIESCONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, BY OPERATION INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION, OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. COUNTY IS NOT LIABLE ▪ YOUR RELIANCE ON CONTENT ▪ Uniapply HAS NO SPECIAL RELATIONSHIP WITH OR BOUND FIDUCIARY DUTY TO YOU, AND YOU ACKNOWLEDGE THAT Uniapply HAS NO CONTROL OVER, AND NO DUTY TO TAKE ANY ACTION REGARDING ANY ACTS OR OMISSIONS TAKEN BY YOU OR ANY GUARANTEESOTHER USER OF THE Uniapply SOLUTION, PROMISES, STATEMENTS, REPRESENTATIONSINCLUDING HOW YOU OR ANY OTHER USER MAY INTERPRET OR USE CONTENT ACCESSED OR DEVELOPED THROUGH THE Uniapply SOLUTION, OR WHAT ACTIONS YOU MAY TAKE AS A RESULT OF HAVING BEEN EXPOSED TO CONTENT OBTAINED THROUGH THE Uniapply SOLUTION. ▪ THE CONTENT ON THE Uniapply SOLUTION INCLUDES REFERENCES TO THIRD PARTIES, INCLUDING THE Uniapply PARTNERS, LINKS TO THIRD PARTY WEBSITES OR DOCUMENTS, AND INCORPORATES INFORMATION PERTAINING OBTAINED FROM THIRD PARTIES, INCLUDING Uniapply PARTNERS. CONTENT MAY ALSO BE CREATED BY Uniapply BASED ON SUCH THIRD PARTY INFORMATION, WHICH MAY CHANGE FROM TIME TO THE PROPERTY MADE OR FURNISHED BY TIME WITHOUT NOTICE TO Uniapply. ▪ Uniapply ASSUMES NO RESPONSIBILITY FOR ANY REAL ESTATE AGENTERRORS, BROKEROMISSIONS, EMPLOYEEINACCURACIES, SERVANTEFFECTIVENESS, STANDARDS COMPLIANCE, COPYRIGHT COMPLIANCE, LEGALITY, DECENCY, OR ANY OTHER PERSON REPRESENTING ASPECT OF THE CONTENT PROVIDED THROUGH THE Uniapply SOLUTION. ▪ UNDER NO CIRCUMSTANCES WILL Uniapply BE LIABLE FOR ANY LOSS OR PURPORTING DAMAGE CAUSED BY YOUR RELIANCE ON CONTENT OBTAINED THROUGH USE OF THE Uniapply SOLUTION, INCLUDING ANY THIRD PARTY LINKED SITE (INCLUDING ANY OPINIONS, STATEMENTS OR ADVICE). ▪ IT IS YOUR RESPONSIBILITY TO REPRESENT COUNTYEVALUATE THE ACCURACY, EXCEPT AS COMPLETENESS AND TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCESUSEFULNESS OF ANY CONTENT PROVIDED, AND OTHER LAWSUSE OF THE Uniapply SOLUTION IS SOLELY AT YOUR OWN RISK. ▪ Uniapply WILL HAVE NO LIABILITY WHATSOEVER RESPECTING ANY CLAIM BY YOU OR ANY THIRD PARTY WHOSE CONTENT IS COLLECTED IN YOUR USE OF THE Uniapply SOLUTION, RULESWHETHER RELATED TO PRIVACY OR OTHERWISE, AND REGULATIONS (INCLUDINGIN RELATION TO Uniapply’S USE OF YOUR DATA TO PROVIDE THE Uniapply SOLUTION. ▪ Control of Third Parties ▪ Uniapply has no control over Uniapply Partners or any other entity granting visas, WITHOUT LIMITATIONadmissions, THE AMERICANS WITH DISABILITIES ACT AND ANY CODESpermits or other authorizations in connection with the Application; you acknowledge that the success of your Application is solely within the control of such third parties, MUNICIPAL ORDINANCESnot Uniapply, LAWSand therefore release Uniapply from all liability in relation to your Application. ▪ Rejection of Applications ▪ Uniapply is not responsible in any way for your Application, RULESmistakes in Your Data, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURESor your failure to obtain entrance to your selected Program(s) or Uniapply Partner(s). ▪ Issues with Uniapply Partners ▪ All issues respecting Applications, Programs, and your failure to comply with Uniapply Partner policies, are solely as between you and the applicable Uniapply Partner, and Uniapply bears no responsibility or liability in relation to such matters. ▪ Inability to Access Country ▪ You are solely responsible for fulfilling any entry requirements necessary to gain admission into the country where your Program is located in compliance with Applicable Law and any requirements of Governmental or Regulatory Authorities. ▪ Service Providers ▪ Although Uniapply has made reasonable efforts to verify that its agreements with its service providers are reasonably protective of Your Data, you acknowledge that Uniapply has no liability for any acts or omissions of third parties in relation to such servers and the data stored on them. You therefore hereby release Uniapply from all liability for any governmental or third party action taken in such jurisdictions with respect to such information and data or the servers on which Your Data resides, and you acknowledge that you retain sole responsibility to back up and retain copies of such information and data. ▪ Unauthorized use of Access Information ▪ Uniapply is not responsible or liable in any way for any use of the Uniapply Solution (authorized or unauthorized) by any third party accessing the Uniapply Solution using your Access Information, and you accept all responsibility for such use of the Uniapply Solution and any consequences resulting from such use of the Uniapply Solution. ▪ Use for Time Sensitive Applications ▪ You agree that Uniapply will not be liable for any claims or damages arising from such use if you use the Uniapply Solution for a time sensitive use. ▪ Availability of the Uniapply Solution ▪ Uniapply WILL HAVE NO LIABILITY WHATSOEVER TO YOU OR ANY PARTY CLAIMING BY OR THROUGH YOU FOR THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING TIMELINESS OR CONTINUED AVAILABILITY OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTUniapply SOLUTION. ▪ Applicable Law ▪ Some jurisdictions do not allow the exclusion of certain warranties or liability, so the above limitations or exclusions may not apply to you. ▪ Viruses ▪ The downloading and viewing of Content is done at your own risk. Uniapply cannot and does not guarantee or warrant that the Uniapply Solution or the Content are compatible with your computer system or that the Uniapply Solution, or any links from the Uniapply Solution or the Content, will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and your are responsible for the entire cost of any service, repairs or connections of and to your computer system that may be necessary as a result of your use of the Uniapply Solution. ▪ Communications Not Confidential or Secure ▪ Uniapply does not guarantee the confidentiality of any communications made by your through the Uniapply Solution, over the internet or over the telephone. Although Uniapply generally adheres to the accepted industry practices in securing the transmission of data to, from and through the Uniapply Solution, you understand, agree and acknowledge that Uniapply cannot and does not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the Uniapply Solution.

Disclaimers. NOTWITHSTANDING ANYTHING SSG, ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM TO THE CONTRARY HEREINMAXIMUM EXTENT PERMITTED BY LAW, PURCHASER IS PURCHASING THE PROPERTY "AS IS" AND "WHERE IS," AND WITH ALL FAULTS. COUNTY IS MAKING NO REPRESENTATIONS OR OTHER WARRANTIES, WHETHER EITHER EXPRESS OR IMPLIED. SSG MAKES NO WARRANTY OR REPRESENTATION WITH RESPECT TO THE SERVICES AND ANY RELATED INSTALLATION, CONFIGURATION, MAINTENANCE OR OTHER SUPPORT SERVICES, EXPRESS OR IMPLIED, BY OPERATION OF AT LAW OR OTHERWISE, WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION, OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO INCLUDING ANY IMPLIED WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. COUNTY IS NOT LIABLE OR BOUND BY ANY GUARANTEES, PROMISES, STATEMENTS, REPRESENTATIONS, OR INFORMATION PERTAINING NON-INFRINGEMENT, ALL OF WHICH ARE HEREBY DISCLAIMED TO THE PROPERTY MADE OR FURNISHED MAXIMUM EXTENT PERMITTED BY ANY REAL ESTATE AGENTAPPLICABLE LAW. WITHOUT LIMITING THE FOREGOING SSG MAKES NO PROMISE: (A) AS TO THE RELIABILITY, BROKERTIMELINESS, EMPLOYEEQUALITY, SERVANTSUITABILITY, TRUTH, AVAILABILITY, ACCURACY, OR OTHER PERSON REPRESENTING COMPLETENESS OF THE SERVICES OR PURPORTING ANY CONTENT, ALL OF WHICH ARE PROVIDED STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS; (B) AS TO REPRESENT COUNTYANY THIRD-PARTY PROVIDER OR ANY OF ITS PRODUCTS OR SERVICES, EXCEPT WHETHER OR NOT SSG MAY HAVE DESIGNATED IT OR ITS SERVICES AS AND TO “CERTIFIED,” “VALIDATED,” OR OTHERWISE; (C) THAT THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE USE OF THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODESSERVICES WILL BE SECURE, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULESUNINTERRUPTED, OR REGULATIONS REGARDING RETROFITTING ERROR-FREE OR PLUMBING FIXTURES). OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; (D) THAT THE PROVISIONS SERVICES WILL MEET CLIENT’S REQUIREMENTS OR EXPECTATIONS; (E) THAT ANY CLIENT DATA WILL BE ACCURATELY OR RELIABLY STORED, (F) THAT ALL ERRORS OR DEFECTS WILL BE CORRECTED, OR (G) THAT THE SERVICE WILL BE FREE OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTANY VIRUS OR OTHER HARMFUL COMPONENT, ALTHOUGH SSG WILL NOT KNOWINGLY INSERT ANY SUCH HARMFUL CODE.

Disclaimers. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREINTHIS LIMITED, PURCHASER EXPRESS WARRANTY IS PURCHASING THE PROPERTY "AS IS" EXCLUSIVE, EXPRESSLY GIVEN, AND "WHERE IS," ACCEPTED IN LIEU OF ANY AND WITH ALL FAULTS. COUNTY IS MAKING NO REPRESENTATIONS OTHER GUARANTIES OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION, OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. INCLUDING WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO LIMITATION ANY WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COUNTY IS NOT LIABLE OR BOUND BY ANY GUARANTEES, PROMISES, STATEMENTS, REPRESENTATIONS, OR INFORMATION PERTAINING TO THE PROPERTY MADE OR FURNISHED BY ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, OR OTHER PERSON REPRESENTING WARRANTIES IMPLIED IN LAW. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THAT WHICH IS DESCRIBED IN JABIRU’S LIMITED, EXPRESS WARRANTY. FOR ANY OTHER OBLIGATION AND/OR PURPORTING LIABILTIY OF JABIRU AND/OR ITS AFFILIATES, WHETHER FOR NEGLIGENCE, STRICT LIABILITY, OR BREACH OF WARRANTY, THE OWNER’S REMEDIES SHALL BE LIMITED TO REPRESENT COUNTY, EXCEPT AS AND THE REMEDIES PROVIDED FOR IN THIS WARRANTY. TO THE EXTENT EXPRESSLY SET FORTH HEREINTHAT THE IMPLIED WARRANTIES CANNOT BE DISCLAIMED, THEY ARE LIMITED IN DURATION TO THE LIFE OF THIS LIMITED EXRESS WARRANTY. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED IN ADDITION, THIS WARRANTY DOES NOT COVER CONSEQUENTIAL DAMAGES, SUCH AS LOSS OF REVENUE, RENTAL COSTS, OR MISSED OPPORTUNITIES, NO MATTER HOW ARISING, INCLUDING, BUT NOT LIMITED TO, THOSE ARISING OUT OF ANY DEFECT IN ANY COMPONENT OF AIRCRAFT, ARISING OUT OF THE FAILURE OF ANY COMPONENT TO CAUSE OPERATE PROPERLY, OR ARISING OUT OF ANY BREACH OF THIS LIMITED WARRANTY. SOME STATES DO NOT ALLOW THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODESDISCLAIMERS AND/OR LIMITATIONS IDENTIFIED IN THIS WARRANTY. THEREFORE, MUNICIPAL ORDINANCESTHE ABOVE-STATED DISCLAIMERS AND/OR LIMITATIONS MAY BE INAPPLICABLE. THIS WARRANTY GIVES THE OWNER SPECIFIC LEGAL RIGHTS, AND THE OWNER MAY ALSO HAVE OTHER LAWSRIGHTS WHICH MAY VARY FROM STATE TO STATE. If the governing law of a state disallows the disclaimers and/or limitations set forth in this Warranty, RULESthen only those specific disclaimers that are disallowed will be deemed to be stricken, AND REGULATIONS (INCLUDINGand all other provisions of this Warranty will remain effective and enforceable. No JABIRU Dealer/Distributor or other person is authorised or permitted to give or make any statement assertion or undertaking in relation to the quality, WITHOUT LIMITATIONperformance, THE AMERICANS WITH DISABILITIES ACT AND ANY CODEScharacteristics, MUNICIPAL ORDINANCESdescriptions or fitness for any purpose of any JABIRU product or in connection with the supply of any JABIRU product, LAWSwhich is at variance with any written statement assertion or undertaking on any of these subjects given or made by JABIRU in its published sales literature, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTand the company does not accept any such unauthorised action.

Disclaimers. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREINEXCEPT AS EXPRESSLY SET FORTH IN SECTION 5.1 OF THIS AGREEMENT, PURCHASER IT IS PURCHASING THE PROPERTY "AS IS" UNDERSTOOD AND "WHERE IS," AGREED THAT SELLER IS NOT MAKING AND WITH ALL FAULTS. COUNTY IS MAKING NO HAS NOT AT ANY TIME MADE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR WARRANTIESCHARACTER, WHETHER EXPRESS EXPRESSED OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITYPROPERTY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OR REPRESENTATIONS AS TO HABITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ZONING, TAX CONSEQUENCES, LATENT OR PATENT PHYSICAL OR ENVIRONMENTAL CONDITION, UTILITIES, OPERATING HISTORY OR VALUE OF THE PROPERTYPROJECTIONS, THE INCOME OR EXPENSES FROM THE PROPERTYVALUATION, OR GOVERNMENTAL APPROVALS, THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING GOVERNMENTAL LAWS, THE TRUTH, ACCURACY OR FIRE CODES COMPLETENESS OF THE PROPERTY DOCUMENTS OR ANY OTHER LAWS INFORMATION PROVIDED BY OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY ON BEHALF OF HABITABILITY, SUITABILITY, MERCHANTABILITYSELLER TO PURCHASER, OR FITNESS FOR A PARTICULAR PURPOSEANY OTHER MATTER OR THING REGARDING THE PROPERTY. COUNTY PURCHASER ACKNOWLEDGES AND AGREES THAT UPON CLOSING SELLER SHALL SELL AND CONVEY TO PURCHASER AND PURCHASER SHALL ACCEPT THE PROPERTY “AS IS, WHERE IS, WITH ALL FAULTS”, EXCEPT TO THE EXTENT EXPRESSLY PROVIDED OTHERWISE IN SECTION 5.1 OF THIS AGREEMENT. PURCHASER HAS NOT RELIED AND WILL NOT RELY ON, AND SELLER IS NOT LIABLE FOR OR BOUND BY BY, ANY GUARANTEESEXPRESSED OR IMPLIED WARRANTIES, PROMISESGUARANTIES, STATEMENTS, REPRESENTATIONS, REPRESENTATIONS OR INFORMATION PERTAINING TO THE PROPERTY OR RELATING THERETO (INCLUDING SPECIFICALLY, WITHOUT LIMITATION, PROPERTY INFORMATION PACKAGES DISTRIBUTED WITH RESPECT TO THE PROPERTY AND ANY ACTUAL OR PROPOSED BUDGETS FOR THE REAL PROPERTY) MADE OR FURNISHED BY SELLER, THE MANAGER OF THE PROPERTY, OR ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, BROKER OR OTHER PERSON AGENT REPRESENTING OR PURPORTING TO REPRESENT COUNTYSELLER, EXCEPT TO WHOMEVER MADE OR GIVEN, DIRECTLY OR INDIRECTLY, ORALLY OR IN WRITING, UNLESS SPECIFICALLY SET FORTH IN THIS AGREEMENT. PURCHASER REPRESENTS TO SELLER THAT PURCHASER IS A SOPHISTICATED INSTITUTIONAL INVESTOR WITH SUBSTANTIAL EXPERIENCE AND EXPERTISE WITH INVESTMENT PROPERTIES AND HAS CONDUCTED, OR WILL CONDUCT PRIOR TO CLOSING, SUCH INVESTIGATIONS OF THE PROPERTY, INCLUDING BUT NOT LIMITED TO, THE PHYSICAL AND ENVIRONMENTAL CONDITIONS THEREOF, AS AND PURCHASER DEEMS NECESSARY TO SATISFY ITSELF AS TO THE EXTENT CONDITION OF THE PROPERTY AND THE EXISTENCE OR NONEXISTENCE OR CURATIVE ACTION TO BE TAKEN WITH RESPECT TO ANY HAZARDOUS OR TOXIC SUBSTANCES ON OR DISCHARGED FROM THE PROPERTY, AND WILL RELY SOLELY UPON SAME AND NOT UPON ANY INFORMATION PROVIDED BY OR ON BEHALF OF SELLER OR ITS AGENTS OR EMPLOYEES WITH RESPECT THERETO, OTHER THAN SUCH REPRESENTATIONS, WARRANTIES AND COVENANTS OF SELLER AS ARE EXPRESSLY SET FORTH HEREININ THIS AGREEMENT AND THE DOCUMENTS DELIVERED AT CLOSING. UPON CLOSING AND SUBJECT TO THE REPRESENTATIONS AND WARRANTIES OF SELLER EXPRESSLY SET FORTH 41 IN SECTION 5.1 AND THE DOCUMENTS DELIVERED AT CLOSING, PURCHASER SHALL ASSUME RESPONSIBILITY FOR THE RISK THAT ADVERSE MATTERS, INCLUDING BUT NOT LIMITED TO, CONSTRUCTION DEFECTS AND ADVERSE PHYSICAL AND ENVIRONMENTAL CONDITIONS, MAY NOT HAVE BEEN REVEALED BY PURCHASER’S INVESTIGATIONS, AND PURCHASER, UPON CLOSING, SHALL BE DEEMED TO HAVE WAIVED, RELINQUISHED AND RELEASED SELLER (AND SELLER’S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS) FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION (INCLUDING CAUSES OF ACTION IN TORT), LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL (INCLUDING ATTORNEYS’ FEES AND COURT COSTS) OF ANY AND EVERY KIND OR CHARACTER, KNOWN OR UNKNOWN, WHICH PURCHASER MIGHT HAVE ASSERTED OR ALLEGED AGAINST SELLER (AND SELLER’S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS) AT ANY TIME BY REASON OF OR ARISING OUT OF ANY LATENT OR PATENT CONSTRUCTION DEFECTS OR PHYSICAL CONDITIONS, VIOLATIONS OF ANY APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS LAWS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT ANY ENVIRONMENTAL LAWS) AND ANY CODESAND ALL OTHER ACTS, MUNICIPAL ORDINANCESOMISSIONS, LAWSEVENTS, RULESCIRCUMSTANCES OR MATTERS REGARDING THE PROPERTY EXCEPT FOR FRAUD AND OBLIGATIONS OF SELLER UNDER THIS AGREEMENT OR ANY AGREEMENTS EXECUTED AND DELIVERED BY SELLER AT CLOSING. PURCHASER AGREES THAT SHOULD ANY CLEANUP, REMEDIATION OR REGULATIONS REGARDING RETROFITTING REMOVAL OF HAZARDOUS SUBSTANCES OR PLUMBING FIXTURES). OTHER ENVIRONMENTAL CONDITIONS ON THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE PROPERTY BE REQUIRED AFTER THE CLOSING DATE, SUCH CLEAN-UP, REMOVAL OR REMEDIATION SHALL BE THE RESPONSIBILITY OF AND SHALL BE PERFORMED AT THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTSOLE COST AND EXPENSE OF PURCHASER. The waivers and releases set forth in Sections 5.7(a) and (b) and in the immediately preceding paragraph include claims of which Purchaser is presently unaware or which Purchaser does not presently suspect to exist which, if known by Purchaser, would materially affect Purchaser’s waiver or release of Seller and the other parties referenced in this Section. Purchaser specifically waives the provisions of California Civil Code Section 1542, which provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR EXPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN TO HIM MUST HAVE MATERIALLY AFFECTED THE SETTLEMENT WITH THE DEBTOR.” INITIALS: Purchaser

Disclaimers. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREINEXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, PURCHASER IT IS PURCHASING THE PROPERTY "AS IS" UNDERSTOOD AND "WHERE IS," AGREED THAT SELLER IS NOT MAKING AND WITH ALL FAULTS. COUNTY IS MAKING NO HAS NOT AT ANY TIME MADE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR WARRANTIESCHARACTER, WHETHER EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITYPROPERTY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OR REPRESENTATIONS AS TO HABITABILITY, MERCHANTABILTY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ZONING, TAX CONSEQUENCES, PHYSICAL OR ENVIRONMENTAL CONDITION, UTILITIES, OPERATING HISTORY OR VALUE OF THE PROPERTYPROJECTIONS, THE INCOME OR EXPENSES FROM THE PROPERTYVALUATION, OR GOVERNMENTAL APPROVALS, THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITYGOVERNMENTAL LAWS, OR FITNESS FOR A PARTICULAR PURPOSEANY OTHER MATTER OR THING REGARDING THE PROPERTY. COUNTY PURCHASER ACKNOWLEDGES AND AGREES THAT UPON CLOSING SELLER SHALL SELL AND CONVEY TO PURCHASER AND PURCHASER SHALL ACCEPT THE PROPERTY “AS IS, WHERE IS, WITH ALL FAULTS.” PURCHASER HAS NOT RELIED AND WILL NOT RELY ON, AND SELLER IS NOT LIABLE FOR OR BOUND BY BY, ANY GUARANTEESEXPRESS OR IMPLIED WARRANTIES, PROMISESGUARANTIES, STATEMENTSSTATEMENT S, REPRESENTATIONS, REPRESENTATIONS OR INFORMATION PERTAINING TO THE PROPERTY OR RELATING THERETO MADE OR FURNISHED BY ANY REAL ESTATE AGENTSELLER, BROKERTO WHOMEVER MADE OR GIVEN, EMPLOYEEDIRECTLY OR INDIRECTLY, SERVANTVERBALLY OR IN WRITING, UNLESS SPECIFICALLY SET FORTH IN THIS AGREEMENT. PURCHASER REPRESENTS TO SELLER THAT PURCHASER HAS CONDUCTED, OR OTHER PERSON REPRESENTING OR PURPORTING WILL CONDUCT PRIOR TO REPRESENT COUNTYCLOSING, EXCEPT SUCH INVESTIGATIONS OF THE PROPERTY, INCLUDING BUT NOT LIMITED TO, THE PHYSICAL AND ENVIRONMENTAL CONDITIONS THEREOF, AS AND PURCHASER DEEMS NECESSARY TO SATISFY ITSELF AS TO THE EXTENT CONDITION OF THE PROPERTY AND THE EXISTENCE OR NONEXISTENCE OR CURATIVE ACTION TO BE TAKEN WITH RESPECT TO ANY HAZARDOUS OR TOXIC SUBSTANCES ON OR DISCHARGED FROM THE PROPERTY, AND WILL RELY SOLELY UPON SAME AND NOT UPON ANY INFORMATION PROVIDED BY OR ON BEHALF OF SELLER OR ITS AGENTS OR EMPLOYEES WITH RESPECT THERETO, OTHER THAN SUCH REPRESENTATIONS, WARRANTIES AND COVENANTS OF SELLER AS ARE EXPRESSLY SET FORTH HEREININ THIS AGREEMENT. UPON CLOSING, PURCHASER SHALL ASSUME RESPONSIBILITY FOR THE RISK THAT ADVERSE MATTERS, INCLUDING BUT NOT LIMITED TO, CONSTRUCTION DEFECTS AND ADVERSE PHYSICAL AND ENVIRONMENTAL CONDITIONS, MAY NOT HAVE BEEN REVEALED BY PURCHASER’S INVESTIGATIONS, AND PURCHASER, UPON CLOSING, SHALL BE DEEMED TO HAVE WAIVED, RELINQUISHED AND RELEASED SELLER FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION (INCLUDING CAUSES OF ACTION IN TORT), LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES REQUIRED TO CAUSE (INCLUDING ATTORNEY’S FEES AND COURT COSTS) OF ANY AND EVERY KIND OR CHARACTER, KNOWN OR UNKNOWN, WHICH PURCHASER MIGHT HAVE ASSERTED OR ALLEGED AGAINST SELLER AT ANY TIME BY REASON OF OR ARISING OUT OF ANY CONSTRUCTION DEFECTS, PHYSICAL CONDITIONS, VIOLATIONS OF ANY APPLICABLE LAWS (INCLUDING ANY ENVIRONMENTAL LAWS) AND ANY AND ALL OTHER ACTS, OMISSIONS, EVENTS, CIRCUMSTANCES OR MATTERS REGARDING THE PROPERTY. PURCHASER AGREES THAT SHOULD ANY CLEANUP, REMEDIATION OR REMOVAL OF HAZARDOUS SUBSTANCES OR OTHER ENVIRONMENTAL CONDITIONS ON THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING BE REQUIRED BY ANY GOVERNMENTAL ENTITY AFTER THE DATE OF CLOSING, SUCH CLEAN-UP, REMOVAL OR REMEDIATION SHALL, AS BETWEEN THE SELLER AND FIRE CODESPURCHASER, MUNICIPAL ORDINANCES, BE THE RESPONSIBILITY OF AND OTHER LAWS, RULES, SHALL BE PERFORMED AT THE SOLE COST AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING EXPENSE OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTPURCHASER.

Disclaimers. NOTWITHSTANDING ANYTHING TO EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, THE CONTRARY HEREIN, PURCHASER IS PURCHASING SPECIAL LIMITED WARRANTY OF TITLE AND WARRANTY OF ENVIRONMENT AND OPERATING CONDITION ARE THE PROPERTY "AS IS" SOLE AND "WHERE IS," EXCLUSIVE WARRANTIES PROVIDED HEREUNDER AND WITH ARE IN LIEU OF ALL FAULTS. COUNTY IS MAKING NO OTHER REPRESENTATIONS OR AND WARRANTIES, WHETHER EXPRESS OR EXPRESS, IMPLIED, BY OPERATION OF LAW STATUTORY OR OTHERWISE, WITH RESPECT AND SELLER EXPRESSLY DISCLAIMS ANY AND ALL SUCH OTHER REPRESENTATIONS AND WARRANTIES, IT BEING ACKNOWLEDGED AND AGREED THAT, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THAT THE PROPERTIES SHALL BE CONVEYED PURSUANT HERETO WITHOUT ANY WARRANTY OR REPRESENTATION, RELATING TO TITLE TO THE PROPERTIES OR RELATING TO THE CONDITION, QUANTITY, QUALITY, PHYSICAL CONDITION, OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. COUNTY IS NOT LIABLE OR BOUND BY ANY GUARANTEES, PROMISES, STATEMENTS, REPRESENTATIONS, OR INFORMATION PERTAINING CONFORMITY TO THE PROPERTY MADE MODELS OR FURNISHED BY SAMPLES OF MATERIALS OR MERCHANTIBILITY OF ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, EQUIPMENT OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT COUNTYITS FITNESS FOR ANY PURPOSE AND, EXCEPT AS AND PROVIDED OTHERWISE IN THE FIRST SENTENCE OF THIS PARAGRAPH, WITHOUT ANY OTHER EXPRESS, IMPLIED, STATUTORY OR OTHER WARRANTY OR REPRESENTATION WHATSOEVER. EXCEPT AS PROVIDED OTHERWISE HEREIN, BUYER SHALL ACCEPT ALL OF THE SAME IN THEIR "AS IS, WHERE IS" CONDITION. ALSO WITHOUT LIMITATION OF THE FOREGOING, SELLER MAKES NO WARRANTY OR REPRESENTATION, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AS TO THE EXTENT EXPRESSLY SET FORTH HEREINACCURACY OR COMPLETENESS OF ANY DATA, REPORTS, RECORDS, PROJECTIONS, INFORMATION OR MATERIALS NOW, HERETOFORE OR HEREAFTER FURNISHED OR MADE AVAILABLE TO BUYER IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION RELATIVE TO PRICING ASSUMPTIONS, THE QUALITY OR QUANTITY OF HYDROCARBON RESERVES (IF ANY) ATTRIBUTABLE TO THE PROPERTIES, THE ABILITY OR POTENTIAL OF THE REAL PROPERTIES TO PRODUCE HYDROCARBONS, THE ENVIRONMENTAL CONDITION OF THE PROPERTIES, OR ANY OTHER MATTERS CONTAINED IN THE DATA OR ANY OTHER MATERIALS FURNISHED OR MADE AVAILABLE TO BUYER BY SELLER OR BY SELLER'S AGENTS OR REPRESENTATIVES OR BY ANY OTHER PARTY. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ANY AND ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODESSUCH DATA, MUNICIPAL ORDINANCESRECORDS, REPORTS, PROJECTIONS, INFORMATION AND OTHER LAWS, RULES, MATERIALS (WRITTEN OR ORAL) FURNISHED OR OTHERWISE MADE AVAILABLE OR DISCLOSED TO BUYER ARE PROVIDED TO BUYER AS A CONVENIENCE AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT SHALL NOT CREATE OR GIVE RISE TO ANY LIABILITY OF OR AGAINST SELLER AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, RELIANCE ON OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING USE OF THE TRANSACTION CONTEMPLATED SAME SHALL BE AT BUYER'S SOLE RISK TO THE MAXIMUM EXTENT PERMITTED BY THIS AGREEMENTLAW.

Disclaimers. NOTWITHSTANDING ANYTHING TO THE CONTRARY (a) EXCEPT AS EXPLICITLY STATED HEREIN, PURCHASER IS PURCHASING NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS A REPRESENTATION MADE OR WARRANTY GIVEN BY INCYTE THAT ANY PATENT WILL ISSUE BASED UPON ANY PENDING PATENT APPLICATION WITHIN THE PROPERTY "AS IS" AND "WHERE IS," AND WITH ALL FAULTSINCYTE PATENT RIGHTS, THAT ANY PATENT WITHIN THE INCYTE PATENT RIGHTS THAT HAS ISSUED OR ISSUES WILL BE VALID, OR THAT THE USE OF ANY LICENSE GRANTED HEREUNDER OR THAT THE USE OF ANY INCYTE PATENT RIGHTS WILL NOT INFRINGE THE PATENT OR PROPRIETARY RIGHTS OF ANY THIRD PARTY. COUNTY IS MAKING INCYTE MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO CORVAS' USE OF THE INFORMATION TO BE PROVIDED TO IT HEREUNDER. EXCEPT AS EXPLICITLY STATED HEREIN, ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, BY OPERATION INCLUDING WARRANTIES OF LAW MERCHANTABILITY, NOVELTY OR OTHERWISEFITNESS OF GENE PRODUCTS OR DATABASE INFORMATION FOR ANY PARTICULAR PURPOSE, WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION, OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONSARE EXCLUDED. WITHOUT LIMITING THE FOREGOING, COUNTY INCYTE MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. COUNTY IS THAT THE DATABASE INFORMATION DOES NOT LIABLE OR BOUND BY ANY GUARANTEES, PROMISES, STATEMENTS, REPRESENTATIONS, OR INFORMATION PERTAINING TO THE PROPERTY MADE OR FURNISHED BY ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT COUNTY, EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTCONTAIN ERRORS.

Disclaimers. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, PURCHASER IS PURCHASING THE PROPERTY "NUANCE SERVICES ARE PROVIDED “AS IS" AND "WHERE IS," AND WITH ALL FAULTS. COUNTY IS MAKING .” NUANCE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE NUANCE SERVICES, INCLUDING ANY WARRANTY THAT THE NUANCE SERVICE WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING YOUR CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. EXCEPT TO THE EXTENT PROHIBITED BY LAW, NUANCE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIEDINCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE SATISFACTORY QUALITY, PHYSICAL CONDITION, OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. COUNTY IS NOT LIABLE OR BOUND BY ANY GUARANTEES, PROMISES, STATEMENTS, REPRESENTATIONSNON-INFRINGEMENT, OR INFORMATION PERTAINING QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. 10 LIMITATION OF LIABILITY. IN NO EVENT WILL NUANCE OR ITS LICENSORS OR SUPPLIERS BE LIABLE TO THE PROPERTY MADE YOU OR FURNISHED BY ANY REAL ESTATE AGENTTHIRD PARTY FOR ANY DIRECT, BROKERINDIRECT, EMPLOYEEINCIDENTAL, SERVANTSPECIAL, CONSEQUENTIAL, PUNITIVE, OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT COUNTYEXEMPLARY DAMAGES, EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY INCLUDING BUT NOT LIMITED TO, DAMAGES FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODESLOSS OF PROFITS, MUNICIPAL ORDINANCESLOSS OF DATA, AND OTHER LAWSLOSS OF USE, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULESBUSINESS INTERRUPTION, OR REGULATIONS REGARDING RETROFITTING COST OF COVER, ARISING FROM THE USE OF THE NUANCE SERVICE, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. XXXXXX’S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING UNDER OR PLUMBING FIXTURESIN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION, WILL NOT EXCEED TEN THOUSAND DOLLARS US ($10,000.00 US). THE PROVISIONS EXISTENCE OF THIS PARAGRAPH MORE THAN ONE CLAIM SHALL SURVIVE NOT ENLARGE OR EXTEND THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTLIMIT.

Disclaimers. PURCHASER AGREES THAT IT WILL PERFORM SUCH EXAMINATIONS AND INVESTIGATIONS OF THE PROPERTY PRIOR TO THE EXPIRATION OF THE INSPECTION PERIOD AS PURCHASER DEEMS NECESSARY, INCLUDING SPECIFICALLY, WITHOUT LIMITATION, EXAMINATIONS AND INVESTIGATIONS FOR THE PRESENCE OF ASBESTOS, PCB EMISSIONS AND HAZARDOUS SUBSTANCES, MATERIALS OR WASTES (AS THOSE TERMS MAY BE DEFINED BY APPLICABLE FEDERAL OR STATE LAW, RULE OR REGULATION) ON THE PROPERTY, AND THAT PURCHASER WILL RELY SOLELY UPON SUCH EXAMINATIONS AND INVESTIGATIONS IN PURCHASING THE PROPERTY. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT PURCHASER IS PURCHASING THE PROPERTY "AS IS" AND "WHERE IS," AND WITH ALL FAULTS. COUNTY FAULTS AND THAT SELLER IS MAKING NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION, CONDITION OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM OR OF THE PROPERTY, THE BOOKS AND RECORDS RELATING TO THE PROPERTY OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY IT IS UNDERSTOOD AND AGREED THAT SELLER MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COUNTY PURCHASER AGREES THAT SELLER IS NOT LIABLE OR BOUND BY ANY GUARANTEES, PROMISES, STATEMENTS, REPRESENTATIONS, REPRESENTATIONS OR INFORMATION PERTAINING TO THE PROPERTY MADE OR FURNISHED BY ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, SERVANT OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT COUNTYSELLER, EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FURTHER ACKNOWLEDGES AND AGREES THAT THE COMPENSATION TO BE PAID TO SELLER FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY HAS BEEN DECREASED TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, TAKE INTO ACCOUNT THAT THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). PROPERTY IS BEING SOLD SUBJECT TO THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTFOREGOING DISCLAIMERS.

Disclaimers. NOTWITHSTANDING ANYTHING TO EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT AND ANY OF THE CONTRARY HEREINCLOSING DOCUMENTS, PURCHASER IT IS PURCHASING THE PROPERTY "AS IS" UNDERSTOOD AND "WHERE IS," AGREED THAT SELLER IS NOT MAKING AND WITH ALL FAULTS. COUNTY IS MAKING NO HAS NOT AT ANY TIME MADE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR WARRANTIESCHARACTER, WHETHER EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITYPROPERTY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OR REPRESENTATIONS AS TO HABITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, LEASING, ZONING, TAX CONSEQUENCES, LATENT OR PATENT PHYSICAL OR ENVIRONMENTAL CONDITION, UTILITIES, OPERATING HISTORY OR VALUE OF THE PROPERTYPROJECTIONS, THE INCOME OR EXPENSES FROM THE PROPERTYVALUATION, OR GOVERNMENTAL APPROVALS, THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING LAWS, THE TRUTH, ACCURACY OR FIRE CODES COMPLETENESS OF THE DOCUMENTS OR ANY OTHER LAWS INFORMATION PROVIDED BY OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY ON BEHALF OF HABITABILITY, SUITABILITY, MERCHANTABILITYSELLER TO BUYER, OR FITNESS FOR A PARTICULAR PURPOSEANY OTHER MATTER OR THING REGARDING THE PROPERTY. COUNTY BUYER ACKNOWLEDGES AND AGREES THAT AT THE CLOSING SELLER SHALL SELL AND CONVEY TO BUYER AND BUYER SHALL ACCEPT THE PROPERTY “AS IS, WHERE IS, WITH ALL FAULTS”, EXCEPT TO THE EXTENT EXPRESSLY PROVIDED OTHERWISE IN THIS AGREEMENT OR IN THE CLOSING DOCUMENTS. BUYER HAS NOT RELIED AND WILL NOT RELY ON, AND SELLER IS NOT LIABLE FOR OR BOUND BY BY, ANY GUARANTEESEXPRESS OR IMPLIED WARRANTIES, PROMISESGUARANTIES, STATEMENTS, REPRESENTATIONS, REPRESENTATIONS OR INFORMATION PERTAINING TO THE PROPERTY OR RELATING THERETO (INCLUDING SPECIFICALLY, WITHOUT LIMITATION, PROPERTY INFORMATION PACKAGES DISTRIBUTED WITH RESPECT TO THE PROPERTY) MADE OR FURNISHED BY SELLER, THE MANAGER OF THE PROPERTY, OR ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, BROKER OR OTHER PERSON AGENT REPRESENTING OR PURPORTING TO REPRESENT COUNTYSELLER, TO WHOMEVER MADE OR GIVEN, DIRECTLY OR INDIRECTLY, ORALLY OR IN WRITING, UNLESS SPECIFICALLY SET FORTH IN THIS AGREEMENT OR IN THE CLOSING DOCUMENTS. BUYER REPRESENTS TO SELLER THAT BUYER HAS CONDUCTED, OR WILL CONDUCT PRIOR TO CLOSING, SUCH INVESTIGATIONS OF THE PROPERTY, INCLUDING BUT NOT LIMITED TO THE PHYSICAL AND ENVIRONMENTAL CONDITION THEREOF, AS BUYER DEEMS NECESSARY TO SATISFY ITSELF AS TO THE CONDITION OF THE PROPERTY AND THE EXISTENCE OR NONEXISTENCE OR CURATIVE ACTION TO BE TAKEN WITH RESPECT TO ANY HAZARDOUS SUBSTANCES ON, IN, UNDER OR DISCHARGED FROM THE PROPERTY, AND WILL RELY SOLELY UPON SAME AND NOT UPON ANY INFORMATION PROVIDED BY OR ON BEHALF OF SELLER OR ITS AGENTS OR EMPLOYEES WITH RESPECT THERETO. AT THE CLOSING, BUYER SHALL ASSUME THE RISK THAT ADVERSE MATTERS, INCLUDING BUT NOT LIMITED TO, CONSTRUCTION DEFECTS AND ADVERSE PHYSICAL AND ENVIRONMENTAL CONDITIONS, MAY NOT HAVE BEEN REVEALED BY BUYER’S INVESTIGATIONS, AND BUYER, UPON CLOSING, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED HEREIN, SHALL BE DEEMED TO HAVE WAIVED, RELINQUISHED AND TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR RELEASED SELLER (AND SELLER’S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS) FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION (INCLUDING CAUSES OF ACTION IN TORT), LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL (INCLUDING ATTORNEYS’ FEES AND COURT COSTS) OF ANY AND EVERY KIND OR CHARACTER, KNOWN OR UNKNOWN, WHICH BUYER MIGHT HAVE ASSERTED OR ALLEGED AGAINST SELLER (AND SELLER’S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS) AT ANY TIME BY REASON OF OR ARISING OUT OF ANY LATENT OR PATENT CONSTRUCTION DEFECTS OR PHYSICAL CONDITIONS, VIOLATIONS OF ANY APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS LAWS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT ANY ENVIRONMENTAL LAWS) AND ANY CODESAND ALL OTHER ACTS, MUNICIPAL ORDINANCESOMISSIONS, LAWSEVENTS, RULESCIRCUMSTANCES OR MATTERS REGARDING THE PROPERTY. BUYER AGREES THAT SHOULD ANY CLEANUP, REMEDIATION OR REGULATIONS REGARDING RETROFITTING REMOVAL OF HAZARDOUS SUBSTANCES OR PLUMBING FIXTURESOTHER ENVIRONMENTAL CONDITIONS ON THE PROPERTY BE REQUIRED AFTER THE CLOSING DATE, SUCH CLEAN-UP, REMOVAL OR REMEDIATION SHALL BE THE RESPONSIBILITY OF AND SHALL BE PERFORMED AT THE SOLE COST AND EXPENSE OF BUYER AND THAT BUYER SHALL HAVE NO CLAIM, INCLUDING, WITHOUT LIMITATION, ANY STATUTORY CLAIMS OR CLAIMS FOR CONTRIBUTION OR JOINT LIABILITY, AGAINST SELLER (OR SELLER’S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS). NOTWITHSTANDING ANYTHING HEREIN TO THE PROVISIONS OF THIS PARAGRAPH CONTRARY (INCLUDING THE FOREGOING RELEASE), (A) BUYER SHALL SURVIVE HAVE THE RIGHT TO DEFEND (BUT BUYER HAS NO RIGHT TO ASSERT, FILE OR OTHERWISE PROCEED WITH A CONTRIBUTION, INDEMNITY OR OTHER CLAIM AGAINST SELLER) GOVERNMENT AND THIRD-PARTY CLAIMS BY ALLEGING THAT SELLER (OR SOMEONE ACTING ON SELLER’S BEHALF), NOT BUYER, IS LIABLE FOR SUCH CLAIMS AND BUYER HAS NO OBLIGATION TO INDEMNIFY SELLER FOR GOVERNMENTAL OR THIRD PARTY CLAIMS ASSERTED BEFORE OR AFTER THE CLOSING AS A RESULT OF ANY ACT OR OMISSION TAKEN OR FAILED TO BE TAKEN BY OR ON SELLER’S BEHALF PRIOR TO THE CLOSING AND (B) THE RELEASE SHALL NOT APPLY TO CLAIMS MADE BY TENANTS OF THE TRANSACTION CONTEMPLATED PROPERTY (1) WHO DID NOT DELIVER AN ESTOPPEL CERTIFICATE TO BUYER AND (2) WHO ALLEGE DEFAULTS BY THIS AGREEMENTSELLER, AS LANDLORD, RELATED TO THE PERIOD OF SELLER’S OWNERSHIP OF THE PROPERTY.

Disclaimers. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREINNOTHING IN THIS LEASE OR ANY OTHER AGREEMENT, PURCHASER IS PURCHASING THE PROPERTY "AS IS" AND "WHERE IS," AND WITH ALL FAULTS. COUNTY IS MAKING NO REPRESENTATIONS CONDUCT OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION, OR VALUE ACTION OF THE PROPERTYPARTIES WILL BE CONSTRUED TO LIMIT LANDLORD'S RIGHT TO MERGE WITH OR INTO ANY PARENT, AFFILIATED OR OTHER ENTITY OR TO LIMIT THE INCOME TRADE NAME(S), STYLE OF OPERATION OR EXPENSES OTHER ASPECTS OF LANDLORD'S BUSINESS OPERATIONS. WHETHER OR NOT LANDLORD MAY CONTINUE TO OPERATE A BUILDING AS A XXXX XXXXX RETAIL STORE IS A DECISION THAT THE SENIOR MANAGEMENT OF LANDLORD (AND OF LANDLORD'S CORPORATE PARENT(S)) MAY MAKE IN THE FUTURE ON A STORE-BY-STORE BASIS. NOTHING IN THIS LEASE OR ANY OTHER AGREEMENT, CONDUCT OR ACTION OF THE PARTIES WILL BE DEEMED TO REQUIRE LANDLORD TO CONTINUE TO OPERATE A BUILDING AS A XXXX XXXXX RETAIL STORE. FURTHERMORE, LANDLORD (OR ITS CORPORATE PARENT(S)) MAY FROM TIME TO TIME DECIDE TO SHUT DOWN THE PROPERTYXXXX XXXXX RETAIL STORE OR CHANGE ITS FORMAT, TRADE NAME AND/OR STYLE OF OPERATION TO THAT OF A NON-XXXX XXXXX RETAIL FACILITY, IN WHICH CASE SUCH SHUT DOWN OR CHANGE WILL BE TREATED AS IF IT WERE A STORE CLOSURE UNDER PARAGRAPH 5 ABOVE, AND LANDLORD AND TENANT WILL HAVE THE COMPLIANCE RIGHT TO TERMINATE THE LEASE OF THE PROPERTY WITH APPLICABLE BUILDING AT SUCH DEVELOPMENT AS IS INVOLVED IN THE SHUT DOWN OR FIRE CODES CHANGE, ON THE SAME BASIS AND AFTER NOTICE AS IS PROVIDED IN PARAGRAPH 5 ABOVE. NOTHING IN THIS LEASE OR ANY OTHER LAWS AGREEMENT, CONDUCT OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. COUNTY IS NOT LIABLE OR BOUND BY ANY GUARANTEES, PROMISES, STATEMENTS, REPRESENTATIONS, OR INFORMATION PERTAINING TO THE PROPERTY MADE OR FURNISHED BY ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT COUNTY, EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING ACTION OF THE TRANSACTION CONTEMPLATED BY PARTIES WILL BE CONSTRUED AS AN EXPRESS OR IMPLIED FMI FORM 201 (Jan 1992 - REVISED 4/96) RETAIL LEASE AGREEMENT March 22, 1999 COMMITMENT TO LEASE ONLY TO TENANT ANY SPACE AT ANY STORE OF LANDLORD (AND/OR LANDLORD'S AFFILIATES OR CORPORATE PARENT(S)) THAT IT OR THEY DECIDE TO USE FOR THE USE PERMITTED UNDER THIS AGREEMENT.LEASE. FMI FORM 201 (Jan 1992 - REVISED 4/96) RETAIL LEASE AGREEMENT March 22, 1999

Disclaimers. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREINEXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, PURCHASER IT IS PURCHASING THE PROPERTY "AS IS" UNDERSTOOD AND "WHERE IS," AGREED THAT SELLER IS NOT MAKING AND WITH ALL FAULTS. COUNTY IS MAKING NO HAS NOT AT ANY TIME MADE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR WARRANTIESCHARACTER, WHETHER EXPRESS EXPRESSED OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITYPROPERTY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OR REPRESENTATIONS AS TO HABITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE (OTHER THAN SELLER’S LIMITED COVENANT OF TITLE TO BE SET FORTH IN THE DEED), ZONING, TAX CONSEQUENCES, LATENT OR PATENT PHYSICAL OR ENVIRONMENTAL CONDITION, UTILITIES, OPERATING HISTORY OR VALUE OF THE PROPERTYPROJECTIONS, THE INCOME OR EXPENSES FROM THE PROPERTYVALUATION, OR GOVERNMENTAL APPROVALS, THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING GOVERNMENTAL LAWS, THE TRUTH, ACCURACY OR FIRE CODES COMPLETENESS OF THE PROPERTY DOCUMENTS OR ANY OTHER LAWS INFORMATION PROVIDED BY OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY ON BEHALF OF HABITABILITY, SUITABILITY, MERCHANTABILITYSELLER TO PURCHASER, OR FITNESS FOR A PARTICULAR PURPOSEANY OTHER MATTER OR THING REGARDING THE PROPERTY. COUNTY PURCHASER ACKNOWLEDGES AND AGREES THAT UPON CLOSING SELLER SHALL SELL AND CONVEY TO PURCHASER AND PURCHASER SHALL ACCEPT THE PROPERTY “AS IS, WHERE IS, WITH ALL FAULTS”, EXCEPT TO THE EXTENT EXPRESSLY PROVIDED OTHERWISE IN THIS AGREEMENT. PURCHASER HAS NOT RELIED AND WILL NOT RELY ON, AND SELLER IS NOT LIABLE FOR OR BOUND BY BY, ANY GUARANTEESEXPRESSED OR IMPLIED WARRANTIES, PROMISESGUARANTIES, STATEMENTS, REPRESENTATIONS, REPRESENTATIONS OR INFORMATION PERTAINING TO THE PROPERTY OR RELATING THERETO (INCLUDING SPECIFICALLY, WITHOUT LIMITATION, PROPERTY INFORMATION PACKAGES DISTRIBUTED WITH RESPECT TO THE PROPERTY) MADE OR FURNISHED BY SELLER, THE MANAGER OF THE PROPERTY, OR ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, BROKER OR OTHER PERSON AGENT REPRESENTING OR PURPORTING TO REPRESENT COUNTYSELLER, EXCEPT TO WHOMEVER MADE OR GIVEN, DIRECTLY OR INDIRECTLY, ORALLY OR IN WRITING, UNLESS SPECIFICALLY SET FORTH IN THIS AGREEMENT. PURCHASER REPRESENTS TO SELLER THAT PURCHASER HAS CONDUCTED, OR WILL CONDUCT PRIOR TO CLOSING, SUCH INVESTIGATIONS OF THE PROPERTY, INCLUDING BUT NOT LIMITED TO, THE PHYSICAL AND ENVIRONMENTAL CONDITIONS THEREOF, AS AND PURCHASER DEEMS NECESSARY TO SATISFY ITSELF AS TO THE EXTENT CONDITION OF THE PROPERTY AND THE EXISTENCE OR NONEXISTENCE OR CURATIVE ACTION TO BE TAKEN WITH RESPECT TO ANY HAZARDOUS OR TOXIC SUBSTANCES ON OR DISCHARGED FROM THE PROPERTY, AND WILL RELY SOLELY UPON SAME AND NOT UPON ANY INFORMATION PROVIDED BY OR ON BEHALF OF SELLER OR ITS AGENTS OR EMPLOYEES WITH RESPECT THERETO, OTHER THAN SUCH REPRESENTATIONS, WARRANTIES AND COVENANTS OF SELLER AS ARE EXPRESSLY SET FORTH HEREININ THIS AGREEMENT. UPON CLOSING, PURCHASER SHALL ASSUME RESPONSIBILITY FOR THE RISK THAT ADVERSE MATTERS, INCLUDING BUT NOT LIMITED TO, CONSTRUCTION DEFECTS AND ADVERSE PHYSICAL AND ENVIRONMENTAL CONDITIONS, MAY NOT HAVE BEEN REVEALED BY PURCHASER’S INVESTIGATIONS, AND PURCHASER, UPON CLOSING, SHALL BE DEEMED TO HAVE WAIVED, RELINQUISHED AND RELEASED SELLER (AND SELLER’S OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS) FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION (INCLUDING CAUSES OF ACTION IN TORT), LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL (INCLUDING ATTORNEYS’ FEES AND COURT COSTS) OF ANY AND EVERY KIND OR CHARACTER, KNOWN OR UNKNOWN, WHICH PURCHASER MIGHT HAVE ASSERTED OR ALLEGED AGAINST SELLER (AND SELLER’S OFFICERS, DIRECTORS, SHAREHOLDERS, PARTNERS, MEMBERS, EMPLOYEES AND AGENTS) AT ANY TIME BY REASON OF OR ARISING OUT OF ANY LATENT OR PATENT CONSTRUCTION DEFECTS OR PHYSICAL CONDITIONS, VIOLATIONS OF ANY APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS LAWS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT ANY ENVIRONMENTAL LAWS) AND ANY CODESAND ALL OTHER ACTS, MUNICIPAL ORDINANCESOMISSIONS, LAWSEVENTS, RULESCIRCUMSTANCES OR MATTERS REGARDING THE PROPERTY. PURCHASER AGREES THAT SHOULD ANY CLEANUP, REMEDIATION OR REGULATIONS REGARDING RETROFITTING REMOVAL OF HAZARDOUS SUBSTANCES OR PLUMBING FIXTURES). OTHER ENVIRONMENTAL CONDITIONS ON THE PROVISIONS PROPERTY BE REQUIRED AFTER THE DATE OF THIS PARAGRAPH CLOSING, SUCH CLEAN-UP, REMOVAL OR REMEDIATION SHALL SURVIVE BE THE CLOSING RESPONSIBILITY OF AND SHALL BE PERFORMED AT THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTSOLE COST AND EXPENSE OF PURCHASER.

Disclaimers. NOTWITHSTANDING ANYTHING EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, THE INTERESTS ARE BEING CONVEYED AND ASSIGNED TO THE CONTRARY HEREIN, PURCHASER IS PURCHASING THE PROPERTY AND ACCEPTED BY BUYER IN THEIR "AS IS" AND ", WHERE IS," CONDITION AND STATE OF REPAIR, AND WITH ALL FAULTS. COUNTY IS MAKING NO REPRESENTATIONS FAULTS AND DEFECTS, WITHOUT ANY REPRESENTATION, WARRANTY OR WARRANTIESCOVENANT OF ANY KIND OR NATURE, WHETHER EXPRESS EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, BY OPERATION INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF LAW OR OTHERWISEMARKETABILITY, WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION, OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITYCONFORMITY TO SAMPLES, MERCHANTABILITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED BY SELLER AND WAIVED BY BUYER. COUNTY THE INTERESTS HAVE BEEN USED FOR GAS PIPELINE, TRANSPORTATION, TREATING, STORAGE AND RELATED OPERATIONS. PHYSICAL CHANGES IN THE INTERESTS AND IN THE LANDS BURDENED THEREBY MAY HAVE OCCURRED AS A RESULT OF SUCH USES. THE INTERESTS MAY ALSO INCLUDE BURIED PIPELINES AND OTHER EQUIPMENT, THE LOCATIONS OF WHICH MAY NOT BE KNOWN BY SELLER OR READILY APPARENT BY A PHYSICAL INSPECTION OF THE INTERESTS. IT IS UNDERSTOOD AND AGREED THAT BUYER SHALL HAVE INSPECTED PRIOR TO CLOSING (OR SHALL BE DEEMED TO HAVE WAIVED ITS RIGHT TO INSPECT) THE INTERESTS AND THE ASSOCIATED PREMISES, AND SATISFIED ITSELF AS TO THEIR PHYSICAL AND ENVIRONMENTAL CONDITION, AND THAT BUYER SHALL ACCEPT ALL OF THE SAME IN THEIR "AS IS, WHERE IS" CONDITION AND STATE OF REPAIR, AND WITH ALL FAULTS AND DEFECTS, INCLUDING, BUT NOT LIABLE LIMITED TO, THE PRESENCE OF MAN-MADE MATERIAL FIBERS (MMMF) AND THE PRESENCE, RELEASE OR BOUND BY ANY GUARANTEESDISPOSAL OF HAZARDOUS SUBSTANCES. IN ADDITION, PROMISESSELLER MAKES NO REPRESENTATION, STATEMENTSCOVENANT OR WARRANTY, REPRESENTATIONSEXPRESS, IMPLIED OR INFORMATION PERTAINING STATUTORY, AS TO THE PROPERTY MADE ACCURACY OR FURNISHED BY COMPLETENESS OF ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, DATA OR OTHER PERSON REPRESENTING OR PURPORTING RECORDS DELIVERED TO REPRESENT COUNTY, EXCEPT AS AND BUYER WITH RESPECT TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODESINTERESTS, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING DESCRIPTION OF THE TRANSACTION CONTEMPLATED BY INTERESTS, PRICING ASSUMPTIONS OR QUALITY OR QUANTITY OF THE INTERESTS. ANY RELIANCE ON OR USE OF SUCH INFORMATION SHALL BE AT BUYER'S SOLE RISK. THIS SECTION SHALL NOT OPERATE TO WAIVE OR RELEASE, AND IS EXPRESSLY SUBJECT TO, ALL REPRESENTATIONS, WARRANTIES, COVENANTS AND AGREEMENTS OF SELLER CONTAINED IN THIS AGREEMENT. THIS SECTION SHALL NOT OPERATE TO WAIVE OR RELEASE ANY REPRESENTATIONS, WARRANTIES, COVENANTS AND AGREEMENTS OF SELLER CONTAINED IN THE TRANSACTION AGREEMENTS.

Disclaimers. NOTWITHSTANDING ANYTHING TO EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT OR IN THE CONTRARY HEREINCLOSING DOCUMENTS: IT IS UNDERSTOOD AND AGREED THAT SELLER IS NOT MAKING AND HAS NOT AT ANY TIME MADE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR CHARACTER, PURCHASER IS PURCHASING THE PROPERTY "AS IS" AND "WHERE IS," AND WITH ALL FAULTS. COUNTY IS MAKING NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION, EQUITY INTERESTS OR VALUE OF THE PROPERTY, THE INCOME INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OR EXPENSES FROM THE PROPERTYREPRESENTATIONS AS TO HABITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ZONING, TAX CONSEQUENCES, LATENT, PATENT, PHYSICAL OR ENVIRONMENTAL CONDITION, UTILITIES, OPERATING HISTORY OR PROJECTIONS, VALUATION, GOVERNMENTAL APPROVALS, THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING GOVERNMENTAL LAWS, THE TRUTH, ACCURACY OR FIRE CODES COMPLETENESS OF ANY DOCUMENTS OR ANY OTHER LAWS INFORMATION PROVIDED BY OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY ON BEHALF OF HABITABILITY, SUITABILITY, MERCHANTABILITYSELLER TO PURCHASER, OR FITNESS FOR A PARTICULAR PURPOSEANY OTHER MATTER OR THING REGARDING THE EQUITY INTERESTS, THE COMPANY, THE SUBSIDIARIES OR THE PROPERTY. COUNTY PURCHASER ACKNOWLEDGES AND AGREES THAT UPON CLOSING SELLER SHALL SELL AND CONVEY TO PURCHASER AND PURCHASER SHALL ACCEPT THE EQUITY INTERESTS AND THE PROPERTY “AS IS, WHERE IS, WITH ALL FAULTS”, EXCEPT TO THE EXTENT EXPRESSLY PROVIDED OTHERWISE IN THIS AGREEMENT OR THE CLOSING DOCUMENTS. PURCHASER HAS NOT RELIED AND WILL NOT RELY ON, AND SELLER IS NOT LIABLE FOR OR BOUND BY BY, ANY GUARANTEESEXPRESS OR IMPLIED WARRANTIES, PROMISESGUARANTIES, STATEMENTS, REPRESENTATIONS, REPRESENTATIONS OR INFORMATION PERTAINING TO THE EQUITY INTERESTS OR THE PROPERTY OR RELATING THERETO (INCLUDING SPECIFICALLY, WITHOUT LIMITATION, PROPERTY INFORMATION PACKAGES DISTRIBUTED WITH RESPECT TO THE EQUITY INTERESTS AND/OR PROPERTY) MADE OR FURNISHED BY ANY REAL ESTATE AGENTSELLER, BROKER, EMPLOYEE, SERVANTTHE MANAGER OF THE PROPERTY, OR OTHER PERSON ANY AGENT REPRESENTING OR PURPORTING TO REPRESENT COUNTYSELLER, EXCEPT TO WHOMEVER MADE OR GIVEN, DIRECTLY OR INDIRECTLY, ORALLY OR IN WRITING, UNLESS SPECIFICALLY SET FORTH IN THIS AGREEMENT. PURCHASER REPRESENTS TO SELLER THAT PURCHASER HAS CONDUCTED, OR WILL CONDUCT PRIOR TO CLOSING, SUCH INVESTIGATIONS OF THE EQUITY INTERESTS AND PROPERTY, INCLUDING BUT NOT LIMITED TO, THE PHYSICAL AND ENVIRONMENTAL CONDITIONS THEREOF, AS AND PURCHASER DEEMS NECESSARY TO SATISFY ITSELF AS TO THE EXTENT CONDITION OF THE PROPERTY AND THE EXISTENCE OR NONEXISTENCE OR CURATIVE ACTION TO BE TAKEN WITH RESPECT TO ANY HAZARDOUS OR TOXIC SUBSTANCES ON OR DISCHARGED FROM THE PROPERTY, AND WILL RELY SOLELY UPON SAME AND NOT UPON ANY INFORMATION PROVIDED BY OR ON BEHALF OF SELLER OR ITS AGENTS OR EMPLOYEES WITH RESPECT THERETO, OTHER THAN SUCH REPRESENTATIONS, WARRANTIES AND COVENANTS OF SELLER AS ARE EXPRESSLY SET FORTH HEREININ THIS AGREEMENT. UPON CLOSING, SUBJECT TO THE CLOSING DOCUMENTS, PURCHASER SHALL ASSUME RESPONSIBILITY FOR THE RISK THAT ADVERSE MATTERS, INCLUDING BUT NOT LIMITED TO, CONSTRUCTION DEFECTS AND ADVERSE PHYSICAL AND ENVIRONMENTAL CONDITIONS, MAY NOT HAVE BEEN REVEALED BY PURCHASER’S INVESTIGATIONS, AND PURCHASER, UPON CLOSING, SHALL BE DEEMED TO HAVE WAIVED, RELINQUISHED AND RELEASED SELLER AND ALL OTHER SELLER PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION (INCLUDING CAUSES OF ACTION IN TORT), LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL (INCLUDING ATTORNEYS’ FEES AND COURT COSTS) OF ANY AND EVERY KIND OR CHARACTER, KNOWN OR UNKNOWN, WHICH PURCHASER MIGHT HAVE ASSERTED OR ALLEGED AGAINST SELLER AT ANY TIME BY REASON OF OR ARISING OUT OF ANY LATENT OR PATENT CONSTRUCTION DEFECTS OR PHYSICAL CONDITIONS, VIOLATIONS OF ANY APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS LAWS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, ENVIRONMENTAL LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). SUBJECT TO THE PROVISIONS PRECEDING SENTENCE, PURCHASER AGREES THAT SHOULD ANY CLEANUP, REMEDIATION OR REMOVAL OF THIS PARAGRAPH SHALL SURVIVE HAZARDOUS MATERIALS OR OTHER ENVIRONMENTAL CONDITIONS ON THE CLOSING PROPERTY BE REQUIRED AFTER THE DATE OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENT.CLOSING, PURCHASER HEREBY WAIVES ANY RIGHT TO PURSUE ANY ACTION AGAINST SELLER WITH RESPECT TO SUCH CLEAN-UP, REMOVAL OR REMEDIATION. By initialing below, Purchaser acknowledges that (a) this Section 8.2 has been read and fully understood, (b) Purchaser has had the chance to ask questions of its counsel about its meaning and significance, and (c) Purchaser has accepted and agreed to the terms set forth in this Section 8.2. ________________ _______________ Buyer’s Initials Seller’s Initials

Disclaimers. NOTWITHSTANDING ANYTHING THE PROPERTY IS BEING SOLD “AS IS,” “WHERE IS,” AND “WITH ALL FAULTS” AS OF CLOSING, WITHOUT ANY REPRESENTATION OR WARRANTY WHATSOEVER AS TO ITS CONDITION (PHYSICAL OR OTHERWISE), FITNESS FOR ANY PARTICULAR PURPOSE, MERCHANTABILITY, OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED. SELLER SPECIFICALLY DISCLAIMS ANY WARRANTY, GUARANTY, OR REPRESENTATION, ORAL OR WRITTEN, PAST OR PRESENT, EXPRESS OR IMPLIED, CONCERNING THE CONTRARY HEREIN, PROPERTY. PURCHASER ACKNOWLEDGES THAT PURCHASER IS PURCHASING THE PROPERTY "AS IS" BASED SOLELY UPON PURCHASER’S OWN INDEPENDENT INVESTIGATIONS AND "WHERE IS," FINDINGS AND WITH NOT IN RELIANCE UPON ANY INFORMATION PROVIDED BY SELLER OR SELLER’S AGENTS OR CONTRACTORS. Furthermore, Purchaser acknowledges, understands and agrees that (a) any document and/or information delivered or made available to Purchaser in connection with the transaction contemplated under the Purchase Agreement (collectively, the “Property Documents”) are provided as a courtesy only and may have been prepared by parties other than Seller, and (b) Seller makes no representation or warranty whatsoever, express or implied, as to the completeness, content, or accuracy of the Property Documents. PURCHASER EXPRESSLY RELEASES SELLER FROM ALL FAULTS. COUNTY IS MAKING NO REPRESENTATIONS CLAIMS ASSERTED AGAINST OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCURRED BY OPERATION PURCHASER BY REASON OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITY, PHYSICAL CONDITIONINFORMATION CONTAINED IN, OR VALUE OF THE PROPERTYTHAT SHOULD HAVE BEEN CONTAINED IN, THE INCOME OR EXPENSES FROM THE PROPERTYPROPERTY DOCUMENTS. In addition to the foregoing, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOINGSeller shall not make and expressly disclaims any and all express or implied warranty or representation as to (i) matters of zoning, COUNTY MAKES NO WARRANTY OF HABITABILITYacreage, SUITABILITYtax consequences, MERCHANTABILITYphysical or environmental condition (including, OR FITNESS FOR A PARTICULAR PURPOSE. COUNTY IS NOT LIABLE OR BOUND BY ANY GUARANTEESwithout limitation, PROMISESlaws, STATEMENTSrules, REPRESENTATIONSregulations, OR INFORMATION PERTAINING TO THE PROPERTY MADE OR FURNISHED BY ANY REAL ESTATE AGENTorders, BROKERand requirements pertaining to the use, EMPLOYEEhandling, SERVANTgeneration, OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT COUNTYtreatment, EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODESstorage, MUNICIPAL ORDINANCESor disposal of any toxic, AND OTHER LAWShazardous, RULESor regulated substance on the Property), AND REGULATIONS (INCLUDINGii) valuation of the Property, WITHOUT LIMITATIONor any portion thereof, THE AMERICANS WITH DISABILITIES ACT AND ANY CODES(iii) governmental approvals and governmental regulations, MUNICIPAL ORDINANCES(iv) whether any particular Property Document will be in force or effect as of the date of Closing or that the counterparty (or counterparties) thereunder will not be in default thereunder, LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTor (iv) any other matter or thing relating to or affecting the Property or Seller.

Disclaimers. NOTWITHSTANDING ANYTHING Except to the extent otherwise expressly set forth in this Agreement, NOTHING CONTAINED IN THIS AGREEMENT WILL BE CONSTRUED AS: A WARRANTY OR REPRESENTATION BY EITHER PARTY AS TO THE CONTRARY HEREINVALIDITY, PURCHASER IS PURCHASING ENFORCEABILITY, OR SCOPE OF ANY PATENT; A WARRANTY OR REPRESENTATION THAT ANY MANUFACTURE, SALE, OFFER FOR SALE, LEASE, IMPORT, USE OR OTHER DISPOSITION OF ANY PRODUCTS OR SERVICES HEREUNDER WILL BE FREE FROM INFRINGEMENT OF PATENT, COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES; A WARRANTY OR REPRESENTATION BY EITHER PARTY WITH RESPECT TO THEIR ENFORCEMENT OF ANY PATENT INCLUDING WITHOUT LIMITATION THE PROPERTY "AS IS" AND "WHERE IS," AND WITH ALL FAULTS. COUNTY IS MAKING NO REPRESENTATIONS PROSECUTION, DEFENSE OR WARRANTIESCONDUCT OF ANY ACTION OR SUIT CONCERNING INFRINGEMENT OF ANY SUCH PATENT; CONFERRING ANY RIGHT TO USE IN ADVERTISING, WHETHER EXPRESS OR IMPLIEDPUBLICITY, BY OPERATION OF LAW OR OTHERWISE, ANY TRADEMARK, TRADE NAME OR NAMES, OR ANY CONTRACTION, ABBREVIATION OR SIMULATION THEREOF, OF EITHER PARTY; AN OBLIGATION UPON EITHER PARTY TO MAKE ANY DETERMINATION AS TO THE APPLICABILITY OF ANY OF ITS PATENTS TO ANY PRODUCT OR SERVICE; AN INDUCEMENT BY ONE PARTY TO THE OTHER TO USE ANY PATENTS OR TO MAKE, USE, OR SELL PRODUCTS COVERED BY ANY PATENTS, OR AN INDUCEMENT OF THE OTHER PARTY'S CUSTOMERS TO PURCHASE OR OTHERWISE USE PRODUCTS COVERED BY ANY PATENTS; AN ADMISSION BY EITHER PARTY THAT ANY OF ITS PRODUCTS INFRINGE ANY PATENTS OF THE OTHER PARTY; OR A WARRANTY OR REPRESENTATION BY EITHER PARTY WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION, OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. COUNTY IS NOT LIABLE , OF ANY PRODUCTS OR BOUND BY ANY GUARANTEES, PROMISES, STATEMENTS, REPRESENTATIONS, OR INFORMATION PERTAINING TO THE PROPERTY MADE OR FURNISHED BY ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT COUNTY, EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTSERVICES HEREUNDER.

Disclaimers. NOTWITHSTANDING ANYTHING TO THE CONTRARY (a) EXCEPT AS EXPLICITLY STATED HEREIN, PURCHASER IS PURCHASING NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS A REPRESENTATION MADE OR WARRANTY GIVEN BY INCYTE THAT ANY PATENT WILL ISSUE BASED UPON ANY PENDING PATENT APPLICATION WITHIN THE PROPERTY "AS IS" AND "WHERE IS," AND WITH ALL FAULTSINCYTE PATENT RIGHTS, THAT ANY PATENT WITHIN THE INCYTE PATENT RIGHTS THAT HAS ISSUED OR ISSUES WILL BE VALID, OR THAT THE USE OF ANY LICENSE GRANTED HEREUNDER OR THAT THE USE OF ANY INCYTE PATENT RIGHTS WILL NOT INFRINGE THE PATENT OR PROPRIETARY RIGHTS OF ANY THIRD PARTY. COUNTY IS MAKING INCYTE MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO SENOMYX's USE OF THE INFORMATION TO BE PROVIDED TO IT HEREUNDER. EXCEPT AS EXPLICITLY STATED HEREIN, ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, BY OPERATION INCLUDING WARRANTIES OF LAW MERCHANTABILITY, NOVELTY OR OTHERWISEFITNESS OF GENE PRODUCTS OR DATABASE INFORMATION FOR ANY PARTICULAR PURPOSE, ARE EXCLUDED. INCYTE MAKES NO WARRANTY THAT THE DATABASE INFORMATION DOES NOT CONTAIN ERRORS. LIKEWISE, SENOMYX MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE QUALITYINFORMATION PROVIDED BY SENOMYX HEREUNDER EXCEPT AS EXPLICITLY STATED HEREIN, PHYSICAL CONDITIONALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, NOVELTY OR FITNESS OF SENOMYX SEQUENCES, OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, OR FITNESS COLLABORATIVE GENE PRODUCTS FOR A ANY PARTICULAR PURPOSE. COUNTY IS NOT LIABLE OR BOUND BY ANY GUARANTEES, PROMISES, STATEMENTS, REPRESENTATIONS, OR INFORMATION PERTAINING TO THE PROPERTY MADE OR FURNISHED BY ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT COUNTY, EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTARE EXCLUDED.

Disclaimers. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREINBUYER ACKNOWLEDGES AND AGREES THAT, PURCHASER IS PURCHASING THE PROPERTY "EXCEPT AS IS" SET FORTH ----------- IN THIS AGREEMENT, SELLER HAS NOT MADE OR GIVEN, DOES NOT MAKE, AND "WHERE IS," AND WITH ALL FAULTS. COUNTY IS MAKING NO SPECIFICALLY DISCLAIMS ANY STATEMENTS, OPINIONS, ADVICE, GUARANTIES, PROMISES, COVENANTS, AGREEMENTS, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, OF ANY KIND OR CHARACTER, WRITTEN OR ORAL, PAST, PRESENT OR FUTURE, CONCERNING ANY OF THE ASSETS, OR THE MARKETABILITY, VALUE, NATURE, QUALITY OR CONDITION OF OR ANY USES TO WHICH THE ASSETS MAY OR MAY NOT BE PUT, INCLUDING BUT NOT LIMITED TO (A) THE CONDITION OR TITLE TO THE ASSETS; (B) THE NATURE OR PHYSICAL CONDITION OF THE ASSETS; (C) THE INCOME OR EXPENSES, GENERATED, PAID OR INCURRED IN CONNECTION WITH THE ASSETS; (D) THE SUITABILITY, SALEABILITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE OF THE ASSETS BY OPERATION BUYER; (E) THE CONFORMITY OF LAW THE ASSETS WITH ANY APPLICABLE LAWS, RULES OR OTHERWISEREGULATIONS; (F) THE VALIDITY, PRIORITY OR PERFECTION OF ANY COLLATERAL DOCUMENT; (G) THE STATE OF TITLE, PRIORITY OF LIENS, ZONING, TAX CONSEQUENCES, PHYSICAL CONDITION, UTILITY CAPACITY OR COMMITMENT FOR UTILITY CAPACITY, OPERATING HISTORY OR PROJECTIONS, VALUATIONS, LOCATION, USE, QUALITY, DESCRIPTION, DURABILITY OR (H) THE NECESSITY OF BUYER TO OBTAIN ANY NECESSARY GOVERNMENTAL APPROVALS OR PERMITS FOR BUYER'S INTENDED USE OF THE ASSETS. BUYER ACKNOWLEDGES FOR BUYER AND BUYER'S SUCCESSORS AND ASSIGNS, (A) THAT BUYER HAS BEEN GIVEN A REASONABLE OPPORTUNITY TO INSPECT AND INVESTIGATE THE ASSETS, EITHER INDEPENDENTLY OR THROUGH AGENTS OF BUYER'S CHOOSING AND (B) THAT BUYER IS ACQUIRING THE ASSETS BASED UPON BUYER'S OWN INVESTIGATION AND INSPECTION THEREOF. BUYER AGREES THAT THE ASSETS SHALL BE SOLD AND THAT BUYER SHALL ACCEPT POSSESSION OF THE ASSETS WITHIN THIRTY (30) DAYS OF THE DATE OF THE CLOSING IN THEIR "AS-IS, WHERE-IS, WITH ALL FAULTS" CONDITION WITH NO RIGHT OF SET-OFF OR REDUCTION IN THE PURCHASE PRICE AND THAT, EXCEPT AS SET FORTH IN THIS AGREEMENT, SUCH SALE SHALL BE WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. EXCEPT AS THE SAME MAY BE SPECIFICALLY SET FORTH IN THIS AGREEMENT, THE SELLER DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND COVENANTS OF EVERY NATURE WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WITH RESPECT TO: MERCHANTABILITY; NEGOTIABILITY; STATUS AS A HOLDER IN DUE COURSE; CREDITWORTHINESS OF ANY MAKER, ACCOMMODATION PARTY, ENDORSER, GUARANTOR, OR OTHER OBLIGOR UNDER OR WITH RESPECT TO ANY LOAN, NOTE OR DOCUMENT; EXISTENCE, CONDITION, HABITABILITY, MERCHANTABILITY, MARKETABILITY, FREEDOM FROM TITLE DEFECTS, DELINQUENCY, PAYMENT HISTORY, OR VALUE OF ANY COLLATERAL FOR ANY LOAN, NOTE, EQUITY, DOCUMENT OR OTHER ASSET; COMPLIANCE OF ANY COLLATERAL WITH ANY LAW, INCLUDING ANY USURY LAWS, GOVERNMENTAL REGULATION, RESTRICTIVE COVENANT, INCLUDING WITHOUT LIMITATION, ZONING ORDINANCES, BUILDING CODES, HEALTH REGULATIONS, USE AND SET BACK RESTRICTIONS, AND THOSE PERTAINING TO HAZARDOUS, TOXIC OR SIMILAR MATERIALS; EXISTENCE OR NAMED PAYEE OF ANY INSURANCE OR THE VALIDITY OF ANY CERTIFICATE OF INSURANCE WITH RESPECT TO ANY COLLATERAL FOR ANY LOAN, NOTE , EQUITY, DOCUMENT OR OTHER ASSET OR ON THE LIFE OF ANY PERSON LIABLE FOR ANY OBLIGATION UNDER OR WITH RESPECT TO ANY LOAN, NOTE, EQUITY, DOCUMENT OR OTHER ASSET; BUYER FURTHER ACKNOWLEDGES AND AGREES THAT ANY INFORMATION PROVIDED OR TO BE PROVIDED WITH RESPECT TO THE QUALITYASSETS WAS OBTAINED FROM A VARIETY OF SOURCES AND THAT SELLER HAS NOT MADE ANY INDEPENDENT INVESTIGATION OR VERIFICATION OF SUCH INFORMATION AND OTHER THAN AS SPECIFICALLY SET FORTH IN SECTION 6.1, PHYSICAL CONDITIONSELLER MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. BUYER FURTHER ACKNOWLEDGES AND AGREES THAT CERTAIN EXCLUDED DOCUMENTS MAY HAVE BEEN OMITTED OR REMOVED FROM THE FILE(S). BUYER FURTHER ACKNOWLEDGES AND AGREES THAT SUCH EXCLUDED DOCUMENTS WHICH SELLER MAY HAVE REMOVED FROM THE LOAN FILE(S), IF DISCLOSED TO BUYER, COULD HAVE AN IMPACT UPON AND AFFECT, AMONG OTHER THINGS, THE DECISION OF BUYER TO PURCHASE THE ASSETS, THE ACTUAL OR PERCEIVED VALUE OF THE PROPERTYASSETS, AND THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE ULTIMATE RECOVERY OF THE PROPERTY WITH APPLICABLE BUILDING ASSETS. EFFECTIVENESS OR FIRE CODES ENFORCEABILITY OF ANY LOAN, NOTE, EQUITY, DOCUMENT OR OTHER LAWS ASSET IN ACCORDANCE WITH ITS TERMS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OTHERWISE; COMPLETENESS OF HABITABILITY, SUITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. COUNTY IS NOT LIABLE OR BOUND BY ANY GUARANTEES, PROMISES, STATEMENTS, REPRESENTATIONS, OR INFORMATION PERTAINING TO THE PROPERTY MADE OR FURNISHED BY FILE; GENUINENESS AND COMPLETENESS OF ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT COUNTY, EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT ITEM IN ANY FILE AND ANY CODESOTHER MATTERS CONCERNING THE ASSETS. BY INITIALING BELOW, MUNICIPAL ORDINANCES, LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). BUYER HEREBY WAIVES THE PROVISIONS OF ANY STATUTE OR BODY OF LAWS IN OREGON OR ANY OTHER JURISDICTION IN CONNECTION WITH THE MATTERS WHICH ARE SUBJECT TO THE ACKNOWLEDGMENTS, WAIVERS AND RELEASES CONTAINED IN THIS PARAGRAPH SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTSECTION 6.3.

Disclaimers. NOTWITHSTANDING ANYTHING WHILE POCN ENDEAVORS TO PROVIDE ACCURATE AND TIMELY INFORMATION, THE CONTRARY HEREININFORMATION AVAILABLE ON THESE SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. MOREOVER, PURCHASER IS PURCHASING POCN MAY MAKE MODIFICATIONS AND/OR CHANGES IN THESE SITES OR IN THE PROPERTY INFORMATION AVAILABLE ON THESE SITES AT ANY TIME, FOR ANY REASON. YOU, THE USER, ASSUME THE SOLE RISK OF MAKING USE OF, AND/OR RELYING ON, THE INFORMATION, MATERIALS AND FUNCTIONS AVAILABLE ON THESE SITES. POCN MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY IN YOUR JURISDICTION, OR ACCURACY OF THE INFORMATION, MATERIALS AND FUNCTIONS AVAILABLE ON THESE SITES FOR ANY PURPOSE. ALL SUCH INFORMATION, MATERIALS, AND FUNCTIONS ARE PROVIDED "AS IS" AND "WHERE IS," AND WITH ALL FAULTS. COUNTY IS MAKING NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION, OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITYANY KIND, SUITABILITY, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. COUNTY IS NOT IN NO EVENT SHALL POCN BE LIABLE OR BOUND BY FOR ANY GUARANTEESINDIRECT, PROMISESPUNITIVE, STATEMENTSINCIDENTAL, REPRESENTATIONSSPECIAL, OR INFORMATION PERTAINING CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THESE SITES OR WITH THE DELAY OR INABILITY TO THE PROPERTY MADE OR FURNISHED BY ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANTUSE THESE SITES, OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT COUNTYFOR ANY INFORMATION, EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCESMATERIALS, AND OTHER LAWSFUNCTIONS AVAILABLE ON THESE SITES, RULESOR OTHERWISE ARISING OUT OF THE UTILIZATION OF THESE SITES, AND REGULATIONS (INCLUDINGWHETHER BASED IN CONTRACT, WITHOUT LIMITATIONTORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF POCN HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE AMERICANS WITH DISABILITIES ACT AND ABOVE LIMITATION MAY NOT APPLY. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF POCN FOR ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS REASON WHATSOEVER RELATED TO USE OF THIS PARAGRAPH THESE SITES SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTNOT EXCEED $32.

Disclaimers. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREINEXCEPT AS EXPRESSLY SET FORTH IN SECTION 5.1 OF THIS AGREEMENT, PURCHASER IT IS PURCHASING THE PROPERTY "AS IS" UNDERSTOOD AND "WHERE IS," AGREED THAT SELLER IS NOT MAKING AND WITH ALL FAULTS. COUNTY IS MAKING NO HAS NOT AT ANY TIME MADE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR WARRANTIESCHARACTER, WHETHER EXPRESS EXPRESSED OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITYPROPERTY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OR REPRESENTATIONS AS TO HABITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ZONING, TAX CONSEQUENCES, LATENT OR PATENT PHYSICAL OR ENVIRONMENTAL CONDITION, UTILITIES, OPERATING HISTORY OR VALUE OF THE PROPERTYPROJECTIONS, THE INCOME OR EXPENSES FROM THE PROPERTYVALUATION, OR GOVERNMENTAL APPROVALS, THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING GOVERNMENTAL LAWS, THE TRUTH, ACCURACY OR FIRE CODES COMPLETENESS OF THE PROPERTY DOCUMENTS OR ANY OTHER LAWS INFORMATION PROVIDED BY OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY ON BEHALF OF HABITABILITY, SUITABILITY, MERCHANTABILITYSELLER TO PURCHASER, OR FITNESS FOR A PARTICULAR PURPOSEANY OTHER MATTER OR THING REGARDING THE PROPERTY. COUNTY PURCHASER ACKNOWLEDGES AND AGREES THAT UPON CLOSING SELLER SHALL SELL AND CONVEY TO PURCHASER AND PURCHASER SHALL ACCEPT THE PROPERTY “AS IS, WHERE IS, WITH ALL FAULTS”, EXCEPT TO THE EXTENT EXPRESSLY PROVIDED OTHERWISE IN SECTION 5.1 OF THIS AGREEMENT. PURCHASER HAS NOT RELIED AND WILL NOT RELY ON, AND SELLER IS NOT LIABLE FOR OR BOUND BY BY, ANY GUARANTEESEXPRESSED OR IMPLIED WARRANTIES, PROMISESGUARANTIES, STATEMENTS, REPRESENTATIONS, REPRESENTATIONS OR INFORMATION PERTAINING TO THE PROPERTY OR RELATING THERETO (INCLUDING SPECIFICALLY, WITHOUT LIMITATION, PROPERTY INFORMATION PACKAGES DISTRIBUTED WITH RESPECT TO THE PROPERTY AND ANY ACTUAL OR PROPOSED BUDGETS FOR THE REAL PROPERTY) MADE OR FURNISHED BY SELLER, THE MANAGER OF THE PROPERTY, OR ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, BROKER OR OTHER PERSON AGENT REPRESENTING OR PURPORTING TO REPRESENT COUNTYSELLER, EXCEPT TO WHOMEVER MADE OR GIVEN, DIRECTLY OR INDIRECTLY, ORALLY OR IN WRITING, UNLESS SPECIFICALLY SET FORTH IN THIS AGREEMENT. PURCHASER REPRESENTS TO SELLER THAT PURCHASER IS A SOPHISTICATED INSTITUTIONAL INVESTOR WITH SUBSTANTIAL EXPERIENCE AND EXPERTISE WITH INVESTMENT PROPERTIES AND HAS CONDUCTED, OR WILL CONDUCT PRIOR TO CLOSING, SUCH INVESTIGATIONS OF THE PROPERTY, INCLUDING BUT NOT LIMITED TO, THE PHYSICAL AND ENVIRONMENTAL CONDITIONS THEREOF, AS AND PURCHASER DEEMS NECESSARY TO SATISFY ITSELF AS TO THE EXTENT CONDITION OF THE PROPERTY AND THE EXISTENCE OR NONEXISTENCE OR CURATIVE ACTION TO BE TAKEN WITH RESPECT TO ANY HAZARDOUS OR TOXIC SUBSTANCES ON OR DISCHARGED FROM THE PROPERTY, AND WILL RELY SOLELY UPON SAME AND NOT UPON ANY INFORMATION PROVIDED BY OR ON BEHALF OF SELLER OR ITS AGENTS OR EMPLOYEES WITH RESPECT THERETO, OTHER THAN SUCH REPRESENTATIONS, WARRANTIES AND COVENANTS OF SELLER AS ARE EXPRESSLY SET FORTH HEREININ THIS AGREEMENT AND THE DOCUMENTS DELIVERED AT CLOSING. UPON CLOSING AND SUBJECT TO THE REPRESENTATIONS AND WARRANTIES OF SELLER EXPRESSLY SET FORTH IN SECTION 5.1 AND THE DOCUMENTS DELIVERED AT CLOSING, PURCHASER SHALL ASSUME RESPONSIBILITY FOR THE RISK THAT ADVERSE MATTERS, INCLUDING BUT NOT LIMITED TO, CONSTRUCTION DEFECTS AND ADVERSE PHYSICAL AND ENVIRONMENTAL CONDITIONS, MAY NOT HAVE BEEN REVEALED BY PURCHASER’S INVESTIGATIONS, AND PURCHASER, UPON CLOSING, SHALL BE DEEMED TO HAVE WAIVED, RELINQUISHED AND RELEASED SELLER (AND SELLER’S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS) FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION (INCLUDING CAUSES OF ACTION IN TORT), LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL (INCLUDING ATTORNEYS’ FEES AND COURT COSTS) OF ANY AND EVERY KIND OR CHARACTER, KNOWN OR UNKNOWN, WHICH PURCHASER MIGHT HAVE ASSERTED OR ALLEGED AGAINST SELLER (AND SELLER’S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS) AT ANY TIME BY REASON OF OR ARISING OUT OF ANY LATENT OR PATENT CONSTRUCTION DEFECTS OR PHYSICAL CONDITIONS, VIOLATIONS OF ANY APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS LAWS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT ANY ENVIRONMENTAL LAWS) AND ANY CODESAND ALL OTHER ACTS, MUNICIPAL ORDINANCESOMISSIONS, LAWSEVENTS, RULESCIRCUMSTANCES OR MATTERS REGARDING THE PROPERTY EXCEPT FOR FRAUD AND OBLIGATIONS OF SELLER UNDER THIS AGREEMENT OR ANY AGREEMENTS EXECUTED AND DELIVERED BY SELLER AT CLOSING. PURCHASER AGREES THAT SHOULD ANY CLEANUP, REMEDIATION OR REGULATIONS REGARDING RETROFITTING REMOVAL OF HAZARDOUS SUBSTANCES OR PLUMBING FIXTURES). OTHER ENVIRONMENTAL CONDITIONS ON THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE PROPERTY BE REQUIRED AFTER THE CLOSING DATE, SUCH CLEAN-UP, REMOVAL OR REMEDIATION SHALL BE THE RESPONSIBILITY OF AND SHALL BE PERFORMED AT THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTSOLE COST AND EXPENSE OF PURCHASER. The waivers and releases set forth in Sections 5.7(a) and (b) and in the immediately preceding paragraph include claims of which Purchaser is presently unaware or which Purchaser does not presently suspect to exist which, if known by Purchaser, would materially affect Purchaser’s waiver or release of Seller and the other parties referenced in this Section. Purchaser specifically waives the provisions of California Civil Code Section 1542, which provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR EXPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN TO HIM MUST HAVE MATERIALLY AFFECTED THE SETTLEMENT WITH THE DEBTOR.” INITIALS: Purchaser

Disclaimers. NOTWITHSTANDING ANYTHING BELLSOUTH DOES NOT AND SHALL NOT OFFER ANY WARRANTY OF ANY KIND FOR THE PRODUCT WHICH VENDOR PROVIDES TO AN END-USER OR OTHER PERSON OR ENTITY. ANY WARRANTY OBLIGATION SET FORTH IN AN END-USER'S AGREEMENT WITH VENDOR WITH REGARD TO THE CONTRARY HEREINPRODUCT SHALL BE UNDERTAKEN SOLELY BY VENDOR. VENDOR'S AGREEMENT WITH END-USERS SHALL PROVIDE THAT WARRANTIES, PURCHASER IS PURCHASING IF ANY, COME ONLY FROM THE PROPERTY "AS IS" AND "WHERE IS," AND WITH ALL FAULTSVENDOR. COUNTY IS MAKING BELLSOUTH MAKES NO REPRESENTATIONS OR WARRANTIESWARRANTIES TO VENDOR OR VENDOR'S END- USERS WITH REGARD TO THE PERFORMANCE OF THE PRODUCT OR THEIR CONFORMANCE WITH APPLICABLE SPECIFICATIONS OR DOCUMENTATION. ALL WARRANTIES WHETHER WRITTEN, WHETHER EXPRESS ORAL, EXPRESS, OR IMPLIED, BY OPERATION INCLUDING, WITHOUT LIMITING THE GENERALITY OF LAW THE FOREGOING, ANY WARRANTY OF MERCHANTABILITY OR OTHERWISEFITNESS AS TO A PARTICULAR PURPOSE, WITH RESPECT ARE HEREBY EXCLUDED. NEITHER BELLSOUTH OR VENDOR SHALL IN NO EVENT BE LIABLE TO THE QUALITY, PHYSICAL CONDITIONVENDOR'S END-USER, OR VALUE TO ANY PERSON OR ENTITY USING THE PRODUCT, IN WHOLE OR IN PART, OR TO ANY PERSON OR ENTITY TO WHOM VENDOR FURNISHES THE PRODUCT, FOR LOSS OF THE PROPERTYREVENUES, THE INCOME LOSS OF PROFITS, LOSS OF TIME, INCONVENIENCE, LOSS OF USE OR EXPENSES FROM THE PROPERTYFOR ANY OTHER INCIDENTAL, SPECIAL, DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE ARISING OUT OF THIS AGREEMENT, OR THE COMPLIANCE USE OR PERFORMANCE OF THE PROPERTY PRODUCT, IN WHOLE OR IN PART, WHETHER IN AN ACTION FOR OR ARISING OUT OF ALLEGED BREACH OF WARRANTY, ALLEGED BREACH OF CONTRACT, DELAY, NEGLIGENCE, STRICT TORT LIABILITY OR OTHERWISE. VENDOR'S AGREEMENT WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONSEND-USERS SHALL PROVIDE THAT BELLSOUTH SHALL NOT BE SUBJECT TO THE DAMAGE REFERENCED IN THIS PARAGRAPH. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES THIS CLAUSE SHALL SURVIVE FAILURE OF AN EXCLUSIVE REMEDY. IN NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITYEVENT SHALL BELLSOUTH, OR FITNESS VENDOR, THEIR PARENT CORPORATION, AFFILIATED COMPANIES OR SUPPLIERS BE LIABLE FOR A PARTICULAR PURPOSE. COUNTY IS NOT LIABLE OR BOUND BY ANY GUARANTEESSPECIAL, PROMISES, STATEMENTS, REPRESENTATIONSCONSEQUENTIAL, OR INFORMATION PERTAINING TO THE PROPERTY MADE INDIRECT DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE OR FURNISHED BY ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANTINTERRUPTION OF BUSINESS, OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT COUNTY, EXCEPT ECONOMIC LOSS AS AND TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS A RESULT OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENT.

Disclaimers. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREINEXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, PURCHASER IT IS PURCHASING THE PROPERTY "AS IS" UNDERSTOOD AND "WHERE IS," AGREED THAT SELLER IS NOT MAKING AND WITH ALL FAULTS. COUNTY IS MAKING NO HAS NOT AT ANY TIME MADE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR WARRANTIESCHARACTER, WHETHER EXPRESS EXPRESSED OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITYPROPERTY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OR REPRESENTATIONS AS TO HABITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE (OTHER THAN SELLER’S LIMITED COVENANT OF TITLE TO BE SET FORTH IN THE DEED), ZONING, TAX CONSEQUENCES, LATENT OR PATENT PHYSICAL OR ENVIRONMENTAL CONDITION, UTILITIES, OPERATING HISTORY OR VALUE OF THE PROPERTYPROJECTIONS, THE INCOME OR EXPENSES FROM THE PROPERTYVALUATION, OR GOVERNMENTAL APPROVALS, THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING GOVERNMENTAL LAWS, THE TRUTH, ACCURACY OR FIRE CODES COMPLETENESS OF THE PROPERTY DOCUMENTS OR ANY OTHER LAWS INFORMATION PROVIDED BY OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY ON BEHALF OF HABITABILITY, SUITABILITY, MERCHANTABILITYSELLER TO PURCHASER, OR FITNESS FOR A PARTICULAR PURPOSEANY OTHER MATTER OR THING REGARDING THE PROPERTY. COUNTY PURCHASER ACKNOWLEDGES AND AGREES THAT UPON CLOSING, SELLER SHALL SELL AND CONVEY TO PURCHASER AND PURCHASER SHALL ACCEPT THE PROPERTY “AS IS, WHERE IS, WITH ALL FAULTS AND DEFECTS”, EXCEPT TO THE EXTENT EXPRESSLY PROVIDED OTHERWISE IN THIS AGREEMENT. PURCHASER HAS NOT RELIED AND WILL NOT RELY ON, AND SELLER IS NOT LIABLE FOR OR BOUND BY BY, ANY GUARANTEESEXPRESSED OR IMPLIED WARRANTIES, PROMISESGUARANTIES, STATEMENTS, REPRESENTATIONS, REPRESENTATIONS OR INFORMATION PERTAINING TO THE PROPERTY OR RELATING THERETO (INCLUDING SPECIFICALLY, WITHOUT LIMITATION, PROPERTY INFORMATION PACKAGES DISTRIBUTED WITH RESPECT TO THE PROPERTY) MADE OR FURNISHED BY SELLER, THE MANAGER OF THE PROPERTY, OR ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, BROKER OR OTHER PERSON AGENT REPRESENTING OR PURPORTING TO REPRESENT COUNTYSELLER, EXCEPT TO WHOMEVER MADE OR GIVEN, DIRECTLY OR INDIRECTLY, ORALLY OR IN WRITING, UNLESS SPECIFICALLY SET FORTH IN THIS AGREEMENT. PURCHASER REPRESENTS TO SELLER THAT PURCHASER HAS CONDUCTED, OR WILL CONDUCT PRIOR TO CLOSING, SUCH INVESTIGATIONS OF THE PROPERTY, INCLUDING BUT NOT LIMITED TO, THE PHYSICAL AND ENVIRONMENTAL CONDITIONS THEREOF, AS AND PURCHASER DEEMS NECESSARY TO SATISFY ITSELF AS TO THE EXTENT CONDITION OF THE PROPERTY AND THE EXISTENCE OR NONEXISTENCE OR CURATIVE ACTION TO BE TAKEN WITH RESPECT TO ANY HAZARDOUS OR TOXIC SUBSTANCES ON OR DISCHARGED FROM THE PROPERTY, AND WILL RELY SOLELY UPON SAME AND NOT UPON ANY INFORMATION PROVIDED BY OR ON BEHALF OF SELLER OR ITS AGENTS OR EMPLOYEES WITH RESPECT THERETO, OTHER THAN SUCH REPRESENTATIONS, WARRANTIES AND COVENANTS OF SELLER AS ARE EXPRESSLY SET FORTH HEREININ THIS AGREEMENT. UPON CLOSING, PURCHASER SHALL ASSUME RESPONSIBILITY FOR THE RISK THAT ADVERSE MATTERS, INCLUDING BUT NOT LIMITED TO, CONSTRUCTION DEFECTS AND ADVERSE PHYSICAL AND ENVIRONMENTAL CONDITIONS, MAY NOT HAVE BEEN REVEALED BY PURCHASER’S INVESTIGATIONS, AND PURCHASER, UPON CLOSING, SHALL BE DEEMED TO HAVE WAIVED, RELINQUISHED AND RELEASED SELLER (AND SELLER’S OFFICERS, BOARD MEMBERS, EMPLOYEES AND AGENTS) FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION (INCLUDING CAUSES OF ACTION IN TORT), LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL (INCLUDING ATTORNEYS’ FEES, COURT COSTS AND INVESTIGATIVE FEES) OF ANY AND EVERY KIND OR CHARACTER, KNOWN OR UNKNOWN, WHICH PURCHASER MIGHT HAVE ASSERTED OR ALLEGED AGAINST SELLER (AND SELLER’S OFFICERS, PARTNERS, BOARD MEMBERS, EMPLOYEES AND AGENTS) AT ANY TIME BY REASON OF OR ARISING OUT OF ANY LATENT OR PATENT CONSTRUCTION DEFECTS OR PHYSICAL CONDITIONS, VIOLATIONS OF ANY APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS LAWS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT ANY ENVIRONMENTAL LAWS) AND ANY CODESAND ALL OTHER ACTS, MUNICIPAL ORDINANCESOMISSIONS, LAWSEVENTS, RULESCIRCUMSTANCES OR MATTERS REGARDING THE PROPERTY. PURCHASER AGREES THAT SHOULD ANY CLEANUP, REMEDIATION OR REGULATIONS REGARDING RETROFITTING REMOVAL OF HAZARDOUS SUBSTANCES OR PLUMBING FIXTURES). OTHER ENVIRONMENTAL CONDITIONS ON THE PROVISIONS PROPERTY BE REQUIRED AFTER THE DATE OF THIS PARAGRAPH CLOSING, PURCHASER SHALL SURVIVE HAVE NO RIGHT, CLAIM OR CAUSE OF ACTION AGAINST SELLER TO PERFORM OR REIMBURSE PURCHASER FOR THE CLOSING COST OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTCLEANUP, REMOVAL OR REMEDIATION AND SUCH SHALL BE PERFORMED AT THE SOLE COST AND EXPENSE OF PURCHASER.

Disclaimers. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREINEXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT OR IN ANY DOCUMENTS DELIVERED AT CLOSING, PURCHASER IT IS PURCHASING THE PROPERTY "AS IS" UNDERSTOOD AND "WHERE IS," AGREED THAT SELLER IS NOT MAKING AND WITH ALL FAULTS. COUNTY IS MAKING NO HAS NOT AT ANY TIME MADE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR WARRANTIESCHARACTER, WHETHER EXPRESS EXPRESSED OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION, OR VALUE OF THE PROPERTY, THE INCOME INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF REPRESENTATIONS AS TO HABITABILITY, SUITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, ZONING, TAX CONSEQUENCES, LATENT OR PATENT PHYSICAL OR ENVIRONMENTAL CONDITION, UTILITIES, OPERATING HISTORY OR PROJECTIONS, VALUATION, GOVERNMENTAL APPROVALS, THE COMPLIANCE OF THE LAND AND IMPROVEMENTS WITH LAWS, THE TRUTH, ACCURACY OR COMPLETENESS OF THE PROPERTY DOCUMENTS OR ANY OTHER INFORMATION PROVIDED BY OR ON BEHALF OF SELLER TO PURCHASER, OR ANY OTHER MATTER OR THING REGARDING THE PROPERTY. COUNTY PURCHASER ACKNOWLEDGES AND AGREES THAT UPON CLOSING, SELLER SHALL SELL AND CONVEY TO PURCHASER AND PURCHASER SHALL ACCEPT THE PROPERTY “AS IS, WHERE IS, WITH ALL FAULTS,” EXCEPT TO THE EXTENT EXPRESSLY PROVIDED OTHERWISE IN THIS AGREEMENT OR IN ANY DOCUMENTS DELIVERED AT CLOSING. PURCHASER HAS NOT RELIED AND WILL NOT RELY ON, AND SELLER IS NOT LIABLE FOR OR BOUND BY BY, ANY GUARANTEESEXPRESSED OR IMPLIED WARRANTIES, PROMISESGUARANTIES, STATEMENTS, REPRESENTATIONS, REPRESENTATIONS OR INFORMATION PERTAINING TO THE PROPERTY OR RELATING THERETO (INCLUDING SPECIFICALLY, WITHOUT LIMITATION, PROPERTY INFORMATION PACKAGES DISTRIBUTED WITH RESPECT TO THE PROPERTY) MADE OR FURNISHED BY SELLER, THE MANAGER OF THE LAND AND IMPROVEMENTS, OR ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, BROKER OR OTHER PERSON AGENT REPRESENTING OR PURPORTING TO REPRESENT COUNTYSELLER, EXCEPT TO WHOMEVER MADE OR GIVEN, DIRECTLY OR INDIRECTLY, ORALLY OR IN WRITING, UNLESS SPECIFICALLY SET FORTH IN THIS AGREEMENT OR IN ANY DOCUMENTS DELIVERED AT CLOSING. THE AGREEMENTS AND ACKNOWLEDGMENTS CONTAINED IN THIS SECTION 9.2 CONSTITUTE A CONCLUSIVE ADMISSION THAT BUYER, AS AND A SOPHISTICATED, KNOWLEDGEABLE INVESTOR IN REAL PROPERTY, SHALL ACQUIRE THE PROPERTY SOLELY UPON ITS OWN JUDGMENT AS TO ANY MATTER GERMANE TO THE EXTENT PROPERTY OR TO BUYER'S CONTEMPLATED USE OR INVESTMENT IN THE PROPERTY, AND NOT UPON ANY STATEMENT, REPRESENTATION OR WARRANTY BY SELLER OR ANY AFFILIATE, AGENT OR REPRESENTATIVE OF SELLER (INCLUDING SELLER'S BROKER), WHICH IS NOT EXPRESSLY SET FORTH HEREININ THIS AGREEMENT OR ANY DOCUMENT REQUIRED TO BE EXECUTED BY SELLER AND DELIVERED TO BUYER AT CLOSING. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, AS A SOPHISTICATED AND KNOWLEDGEABLE INVESTOR IN REAL PROPERTY, BUYER IS AWARE THAT MOLD, WATER DAMAGE, FUNGI, BACTERIA, INDOOR AIR POLLUTANTS OR OTHER BIOLOGICAL GROWTH OR GROWTH FACTORS (COLLECTIVELY CALLED "INDOOR AIR POLLUTANTS") MAY EXIST AT THE PROPERTY AND THAT SUCH INDOOR AIR POLLUTANTS MAY BE UNDISCOVERABLE DURING ROUTINE OR INVASIVE INSPECTIONS, OWNERSHIP, OR OPERATIONS OF THE PROPERTY. IN EVALUATING ITS PURCHASE OF THE PROPERTY AND DETERMINING THE PURCHASE PRICE, BUYER HAS TAKEN (OR SHALL TAKE) THESE MATTERS INTO ACCOUNT, AND BUYER SHALL ASSUME, AT CLOSING, THE RISK OF ALL INDOOR AIR POLLUTANTS, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM PATENT OR LATENT CONSTRUCTION DEFECTS. PURCHASER REPRESENTS TO SELLER THAT PURCHASER HAS CONDUCTED, OR WILL CONDUCT PRIOR TO CLOSING, SUCH INVESTIGATIONS OF THE PROPERTY, INCLUDING, BUT NOT LIMITED TO, THE PHYSICAL AND ENVIRONMENTAL CONDITIONS OF THE LAND AND IMPROVEMENTS, AS PURCHASER DEEMS NECESSARY TO SATISFY ITSELF AS TO THE CONDITION OF THE PROPERTY AND THE EXISTENCE OR NONEXISTENCE OR CURATIVE ACTION TO BE TAKEN WITH RESPECT TO ANY HAZARDOUS OR TOXIC SUBSTANCES ON OR DISCHARGED FROM THE LAND AND IMPROVEMENTS, AND WILL RELY SOLELY UPON SAME AND NOT UPON ANY INFORMATION PROVIDED BY OR ON BEHALF OF SELLER OR ITS AGENTS OR EMPLOYEES WITH RESPECT THERETO, OTHER THAN SUCH REPRESENTATIONS, WARRANTIES AND COVENANTS OF SELLER AS ARE EXPRESSLY SET FORTH IN THIS AGREEMENT OR IN ANY DOCUMENTS DELIVERED AT CLOSING. UPON CLOSING, PURCHASER SHALL ASSUME RESPONSIBILITY FOR THE RISK THAT ADVERSE MATTERS, INCLUDING BUT NOT LIMITED TO, CONSTRUCTION DEFECTS AND ADVERSE PHYSICAL AND ENVIRONMENTAL CONDITIONS, MAY NOT HAVE BEEN REVEALED BY PURCHASER’S INVESTIGATIONS, AND PURCHASER, UPON CLOSING, SHALL BE DEEMED TO HAVE WAIVED, RELINQUISHED AND RELEASED SELLER, SELLER’S AFFILIATED ENTITIES (INCLUDING WITHOUT LIMITATION THE PROPERTY MANAGER) AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, PARTNERS, EMPLOYEES AND AGENTS (COLLECTIVELY, “SELLER PARTIES”) FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION (INCLUDING CAUSES OF ACTION IN TORT), LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL (INCLUDING ATTORNEYS’ FEES AND EXPENSES) OF ANY AND EVERY KIND OR CHARACTER, KNOWN OR UNKNOWN, WHICH PURCHASER MIGHT HAVE ASSERTED OR ALLEGED AGAINST ANY SELLER PARTY OR PARTIES AT ANY TIME BY REASON OF OR ARISING OUT OF ANY LATENT OR PATENT CONSTRUCTION DEFECTS OR PHYSICAL CONDITIONS, VIOLATIONS OF ANY APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS LAWS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT ANY ENVIRONMENTAL LAWS) AND ANY CODESAND ALL OTHER ACTS, MUNICIPAL ORDINANCESOMISSIONS, LAWSEVENTS, RULES, CIRCUMSTANCES OR REGULATIONS MATTERS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTPROPERTY.

Disclaimers. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREINEXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT OR ANY AGREEMENTS EXECUTED AND DELIVERED BY SELLER AT CLOSING: IT IS UNDERSTOOD AND AGREED THAT SELLER IS NOT MAKING AND HAS NOT AT ANY TIME MADE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR CHARACTER, PURCHASER IS PURCHASING THE PROPERTY "AS IS" AND "WHERE IS," AND WITH ALL FAULTS. COUNTY IS MAKING NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS EXPRESSED OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITYPROPERTY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OR REPRESENTATIONS AS TO HABITABILITY, MERCHANTABILITY, PROFITABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ZONING, TAX CONSEQUENCES, LATENT OR PATENT PHYSICAL OR ENVIRONMENTAL CONDITION, UTILITIES, OPERATING HISTORY OR VALUE OF THE PROPERTYPROJECTIONS, THE INCOME OR EXPENSES FROM THE PROPERTYVALUATION, OR GOVERNMENTAL APPROVALS, THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING GOVERNMENTAL LAWS, THE TRUTH, ACCURACY OR FIRE CODES COMPLETENESS OF THE PROPERTY DOCUMENTS OR ANY OTHER LAWS INFORMATION PROVIDED BY OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY ON BEHALF OF HABITABILITY, SUITABILITY, MERCHANTABILITYSELLER TO PURCHASER, OR FITNESS FOR A PARTICULAR PURPOSEANY OTHER MATTER OR THING REGARDING THE PROPERTY. COUNTY PURCHASER ACKNOWLEDGES AND AGREES THAT UPON CLOSING SELLER SHALL SELL AND CONVEY TO PURCHASER AND PURCHASER SHALL ACCEPT THE PROPERTY “AS IS, WHERE IS, WITH ALL FAULTS”, EXCEPT TO THE EXTENT EXPRESSLY PROVIDED OTHERWISE IN THIS AGREEMENT OR ANY AGREEMENTS EXECUTED AND DELIVERED BY SELLER AT CLOSING. PURCHASER HAS NOT RELIED AND WILL NOT RELY ON, AND SELLER IS NOT LIABLE FOR OR BOUND BY BY, ANY GUARANTEESEXPRESSED OR IMPLIED WARRANTIES, PROMISESGUARANTIES, STATEMENTS, REPRESENTATIONS, REPRESENTATIONS OR INFORMATION PERTAINING TO THE PROPERTY OR RELATING THERETO (INCLUDING SPECIFICALLY, WITHOUT LIMITATION, PROPERTY INFORMATION PACKAGES DISTRIBUTED WITH RESPECT TO THE PROPERTY AND ANY ACTUAL OR PROPOSED BUDGETS FOR THE REAL PROPERTY) MADE OR FURNISHED BY SELLER, THE MANAGER OF THE PROPERTY, OR ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, BROKER OR OTHER PERSON AGENT REPRESENTING OR PURPORTING TO REPRESENT COUNTYSELLER, EXCEPT TO WHOMEVER MADE OR GIVEN, DIRECTLY OR INDIRECTLY, ORALLY OR IN WRITING, UNLESS SPECIFICALLY SET FORTH IN THIS AGREEMENT OR ANY AGREEMENTS EXECUTED AND DELIVERED BY SELLER AT CLOSING. PURCHASER REPRESENTS TO SELLER THAT PURCHASER IS A SOPHISTICATED INSTITUTIONAL INVESTOR WITH SUBSTANTIAL EXPERIENCE AND EXPERTISE WITH INVESTMENT PROPERTIES AND HAS CONDUCTED, OR WILL CONDUCT PRIOR TO CLOSING, SUCH INVESTIGATIONS OF THE PROPERTY, INCLUDING BUT NOT LIMITED TO, THE PHYSICAL AND ENVIRONMENTAL CONDITIONS THEREOF, AS AND PURCHASER DEEMS NECESSARY TO SATISFY ITSELF AS TO THE EXTENT CONDITION OF THE PROPERTY AND THE EXISTENCE OR NONEXISTENCE OR CURATIVE ACTION TO BE TAKEN WITH RESPECT TO ANY HAZARDOUS OR TOXIC SUBSTANCES ON OR DISCHARGED FROM THE PROPERTY, AND WILL RELY SOLELY UPON SAME AND NOT UPON ANY INFORMATION PROVIDED BY OR ON BEHALF OF SELLER OR ITS AGENTS OR EMPLOYEES WITH RESPECT THERETO, OTHER THAN SUCH REPRESENTATIONS, WARRANTIES AND COVENANTS OF SELLER AS ARE EXPRESSLY SET FORTH HEREININ THIS AGREEMENT AND THE DOCUMENTS DELIVERED AT CLOSING. UPON CLOSING AND SUBJECT TO THE REPRESENTATIONS AND WARRANTIES OF SELLER EXPRESSLY SET FORTH IN THIS AGREEMENT AND THE DOCUMENTS DELIVERED AT CLOSING, PURCHASER SHALL ASSUME RESPONSIBILITY FOR THE RISK THAT ADVERSE MATTERS, INCLUDING BUT NOT LIMITED TO, CONSTRUCTION DEFECTS AND ADVERSE PHYSICAL AND ENVIRONMENTAL CONDITIONS, MAY NOT HAVE BEEN REVEALED BY PURCHASER’S INVESTIGATIONS, AND PURCHASER, UPON CLOSING, SHALL BE DEEMED TO HAVE WAIVED, RELINQUISHED AND RELEASED SELLER (AND SELLER’S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS) FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION (INCLUDING CAUSES OF ACTION IN TORT), LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES REQUIRED (INCLUDING ATTORNEYS’ FEES AND COURT COSTS) OF ANY AND EVERY KIND OR CHARACTER, KNOWN OR UNKNOWN, WHICH PURCHASER MIGHT HAVE ASSERTED OR ALLEGED AGAINST SELLER (AND SELLER’S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS) AT ANY TIME BY REASON OF OR ARISING OUT OF ANY LATENT OR PATENT CONSTRUCTION DEFECTS OR PHYSICAL CONDITIONS, VIOLATIONS OF ANY APPLICABLE LAWS RELATING TO CAUSE THE CONDITION OF THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT ANY ENVIRONMENTAL LAWS) AND ANY CODESAND ALL OTHER ACTS, MUNICIPAL ORDINANCESOMISSIONS, LAWSEVENTS, RULESCIRCUMSTANCES OR MATTERS REGARDING THE PROPERTY EXCEPT FOR FRAUD AND OBLIGATIONS OF SELLER UNDER THIS AGREEMENT OR ANY AGREEMENTS EXECUTED AND DELIVERED BY SELLER AT CLOSING. EXCEPT FOR FRAUD AND OBLIGATIONS OF SELLER UNDER THIS AGREEMENT OR ANY AGREEMENTS EXECUTED AND DELIVERED BY SELLER AT CLOSING, PURCHASER AGREES THAT SHOULD ANY CLEANUP, REMEDIATION OR REGULATIONS REGARDING RETROFITTING REMOVAL OF HAZARDOUS SUBSTANCES OR PLUMBING FIXTURES). OTHER ENVIRONMENTAL CONDITIONS ON THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE PROPERTY BE REQUIRED AFTER THE CLOSING DATE, SUCH CLEAN-UP, REMOVAL OR REMEDIATION SHALL BE THE RESPONSIBILITY OF AND SHALL BE PERFORMED AT THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTSOLE COST AND EXPENSE OF PURCHASER. The waivers and releases set forth in Sections 5.5(a) and 5.5(c) and in the immediately preceding paragraph include claims of which Purchaser is presently unaware or which Purchaser does not presently suspect to exist which, if known by Purchaser, would materially affect Purchaser’s waiver or release of Seller and the other parties referenced in this Section.

Disclaimers. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, PURCHASER SERVICE IS PURCHASING THE PROPERTY "PROVIDED “AS IS" ” AND "WHERE IS," AND “WITH ALL FAULTS. COUNTY IS MAKING NO REPRESENTATIONS OR WARRANTIES” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EITHER EXPRESS OR IMPLIED, BY OPERATION AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF LAW OR OTHERWISETITLE, WITH RESPECT TO THE QUALITYNON- INFRINGEMENT, PHYSICAL CONDITIONACCURACY, OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITYCOMPLETENESS, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. COUNTY IS NOT LIABLE OR BOUND BY , ANY GUARANTEESWARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, PROMISES, STATEMENTS, REPRESENTATIONSCOURSE OF PERFORMANCE, OR INFORMATION PERTAINING USAGE OF TRADE, AND ANY WARRANTIES THAT THE SERVICE IS CURRENT AND/OR UP-TO-DATE ARE HEREBY EXPRESSLY DISCLAIMED TO THE PROPERTY MADE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. THERE IS NO WARRANTY, REPRESENTATION, OR FURNISHED BY GUARANTEE THAT THE SERVICE, OR YOUR USE OF THE SERVICE, WILL BE UNINTERRUPTED, COMPLETE, ACCURATE, CURRENT, RELIABLE, ERROR-FREE, SECURE, OR THAT ANY REAL ESTATE AGENTPROBLEMS WILL BE CORRECTED, BROKEROR THAT THE SERVICE, EMPLOYEEOR ANY INFORMATION, SERVANTSOFTWARE, OR OTHER PERSON REPRESENTING MATERIAL ACCESSIBLE FROM THE SERVICE, IS FREE OF VIRUSES OR PURPORTING TO REPRESENT COUNTYOTHER HARMFUL COMPONENTS. WE DO NOT WARRANT, EXCEPT AS GUARANTEE, OR MAKE ANY REPRESENTATION REGARDING THE USE OF, OR THE RESULTS OF THE USE OF, THE SERVICE AND TO YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCESSERVICE, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTYOUR RELIANCE THEREON.

Disclaimers. NOTWITHSTANDING ANYTHING TO EXCEPT FOR THE CONTRARY HEREINREPRESENTATIONS, PURCHASER WARRANTIES AND COVENANTS OF SELLER EXPRESSLY SET FORTH IN THIS AGREEMENT, IT IS PURCHASING THE PROPERTY "AS IS" UNDERSTOOD AND "WHERE IS," AGREED THAT SELLER IS NOT MAKING AND WITH ALL FAULTS. COUNTY IS MAKING NO HAS NOT AT ANY TIME MADE ANY REPRESENTATIONS OR WARRANTIESWARRANTIES OF ANY KIND OR CHARACTER, WHETHER EXPRESS EXPRESSED OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE PROPERTY, INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATIONS OR WARRANTIES AS TO HABITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ZONING, TAX CONSEQUENCES, LATENT OR PATENT PHYSICAL OR ENVIRONMENTAL CONDITION, THE QUALITY, NATURE, ADEQUACY AND PHYSICAL CONDITIONCONDITION OF THE PROPERTY (INCLUDING, OR VALUE BUT NOT LIMITED TO, THE STRUCTURAL ELEMENTS, FOUNDATION, ROOF, APPURTENANCES, ACCESS, LANDSCAPING, PARKING FACILITIES AND THE ELECTRICAL, MECHANICAL, HVAC, PLUMBING, SEWAGE, AND UTILITY SYSTEMS, FACILITIES AND APPLIANCES), THE DEVELOPMENT POTENTIAL OF THE PROPERTY, THE INCOME PRESENCE OF HAZARDOUS SUBSTANCES ON, IN, UNDER OR EXPENSES FROM ABOUT THE PROPERTY OR ANY ADJOINING OR NEIGHBORING PROPERTY, UTILITIES, OPERATING HISTORY OR PROJECTIONS, VALUATION, GOVERNMENTAL APPROVALS, THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING GOVERNMENTAL LAWS, THE TRUTH, ACCURACY OR FIRE CODES COMPLETENESS OF THE DUE DILIGENCE DOCUMENTS OR ANY OTHER LAWS INFORMATION PROVIDED BY OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY ON BEHALF OF HABITABILITY, SUITABILITY, MERCHANTABILITYSELLER TO PURCHASER, OR FITNESS ANY OTHER MATTER OR THING REGARDING THE PROPERTY. PURCHASER ACKNOWLEDGES AND AGREES THAT, UPON CLOSING, SELLER SHALL SELL AND CONVEY TO PURCHASER, AND PURCHASER SHALL ACCEPT, THE PROPERTY “AS IS, WHERE IS, WITH ALL FAULTS”, EXCEPT TO THE EXTENT OF THE REPRESENTATIONS, WARRANTIES AND COVENANTS OF SELLER EXPRESSLY SET FORTH IN THIS AGREEMENT OR AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT. EXCEPT FOR A PARTICULAR PURPOSE. COUNTY THE REPRESENTATIONS, WARRANTIES AND COVENANTS AND EXPRESS TERMS OF THIS AGREEMENT, PURCHASER HAS NOT RELIED AND SHALL NOT RELY ON, AND SELLER IS NOT LIABLE FOR OR BOUND BY BY, ANY GUARANTEESEXPRESSED OR IMPLIED WARRANTIES, PROMISESGUARANTIES, STATEMENTS, REPRESENTATIONS, REPRESENTATIONS OR INFORMATION PERTAINING TO THE PROPERTY OR RELATING THERETO MADE OR FURNISHED BY SELLER, THE MANAGER OF THE 140131415.4 142232567.2 PROPERTY, ANY OF THE SELLER PARTIES, OR ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, COUNSEL OR OTHER PERSON AGENT REPRESENTING OR PURPORTING TO REPRESENT COUNTYSELLER, EXCEPT AS AND TO WHOMEVER MADE OR GIVEN, DIRECTLY OR INDIRECTLY, ORALLY OR IN WRITING, UNLESS SPECIFICALLY SET FORTH IN THIS AGREEMENT. PURCHASER REPRESENTS TO SELLER THAT PURCHASER HAS CONDUCTED, OR WILL CONDUCT PRIOR TO THE EXTENT EXPIRATION OF THE DUE DILIGENCE PERIOD, SUCH INVESTIGATIONS OF THE PROPERTY, INCLUDING BUT NOT LIMITED TO, THE PHYSICAL AND ENVIRONMENTAL CONDITIONS THEREOF, AS PURCHASER DEEMS NECESSARY TO SATISFY ITSELF AS TO THE CONDITION OF THE PROPERTY AND THE EXISTENCE OR NONEXISTENCE OF CURATIVE ACTION TO BE TAKEN WITH RESPECT TO ANY HAZARDOUS OR TOXIC SUBSTANCES ON OR DISCHARGED FROM THE PROPERTY, AND SHALL RELY SOLELY UPON SAME AND NOT UPON ANY INFORMATION PROVIDED BY OR ON BEHALF OF SELLER OR ITS AGENTS OR EMPLOYEES WITH RESPECT THERETO, OTHER THAN SUCH REPRESENTATIONS, WARRANTIES AND COVENANTS OF SELLER AS ARE EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED BY IN THIS AGREEMENT.

Disclaimers. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREINFULLEST EXTENT PERMITTED BY APPLICABLE LAW, PURCHASER YOU EXPRESSLY UNDERSTAND AND AGREE THATYOUR ACCESS TO AND USE OF THE DIRECT PAYMENTS SERVICE AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE THROUGH THE DIRECT PAYMENTS SERVICE ARE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE DIRECT PAYMENTS SERVICE IS PURCHASING THE PROPERTY "PROVIDED ON AN “AS IS" ” AND "WHERE IS," “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND WITH WE EXPRESSLY DISCLAIM ANY AND ALL FAULTS. COUNTY IS MAKING NO REPRESENTATIONS OR CONDITIONS, REPRESENTATIONS, WARRANTIES, WHETHER EXPRESS OR IMPLIED, BY OPERATION OF LAW STATUTORY, OR OTHERWISE, WITH RESPECT TO THE QUALITYINCLUDING, PHYSICAL CONDITIONWITHOUT LIMITATION, OR VALUE ANY IMPLIED WARRANTY OF THE PROPERTYTITLE, THE INCOME OR EXPENSES FROM THE PROPERTYMERCHANTABILITY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONSFITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES WE MAKE NO WARRANTY OF HABITABILITYTHAT (A) THE DIRECT PAYMENTS SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE DIRECT PAYMENTS SERVICE WILL BE UNINTERRUPTED, SUITABILITYTIMELY, MERCHANTABILITYSECURE, OR FITNESS FOR A PARTICULAR PURPOSE. COUNTY IS NOT LIABLE ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE DIRECT PAYMENTS SERVICE WILL BE ACCURATE OR BOUND BY RELIABLE; (D) THE QUALITY OF ANY GUARANTEESPRODUCTS, PROMISESSERVICES, STATEMENTS, REPRESENTATIONS, OR INFORMATION PERTAINING TO THE PROPERTY MADE OR FURNISHED BY ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANTINFORMATION, OR OTHER PERSON REPRESENTING MATERIAL PURCHASED OR PURPORTING OBTAINED BY YOU THROUGH THE DIRECT PAYMENTS SERVICE WILL MEET YOUR EXPECTATIONS; OR (E) ANY ERRORS IN THE DIRECT PAYMENTS SERVICE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR ANY OF OUR AUTHORIZED REPRESENTATIVES WILL CREATE ANY WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO REPRESENT COUNTYYOU. HOWEVER, EXCEPT AS AND ANY LIMITATION WILL BE CONSTRUED TO THE MAXIMUM EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL PERMITTED UNDER APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTLAW.

Disclaimers. NOTWITHSTANDING ANYTHING CUSTOMER IS SOLELY RESPONSIBLE FOR THE ACCURACY AND CONTENT OF ANY CUSTOMER DATA. THE COX PRODUCTS ARE INTENDED ONLY TO FACILITATE THE CONTRARY HEREINMANAGEMENT AND OPERATION OF CERTAIN ASPECTS OF CUSTOMER’S BUSINESS AT THE AUTHORIZED CUSTOMER LOCATION(S). EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN OR AS SPECIFICALLY STATED IN AN APPLICABLE ORDER FORM, PURCHASER IS PURCHASING THE PROPERTY "AS IS" AND "WHERE IS," AND ADDITIONAL MATERIALS OR ATTACHMENT (INCLUDING ANY APPLICABLE SERVICE LEVEL AGREEMENTS), NEITHER COX NOR ANY OF ITS AFFILIATES (NOR ANY THIRD PARTY LICENSORS) MAKE ANY REPRESENTATION OR WARRANTY TO CUSTOMER, OR ANY OTHER PERSON WITH ALL FAULTS. COUNTY IS MAKING NO REPRESENTATIONS RESPECT TO ANY COX PRODUCT (OR WARRANTIESANY THIRD PARTY MATERIALS OR THIRD PARTY INTERFACES) OR COX SERVICE, WHETHER EXPRESS OR IMPLIED, BY OPERATION OF LAW INCLUDING ANY IMPLIED REPRESENTATION OR OTHERWISE, WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION, OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITYLEGALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY OTHER REPRESENTATION OR WARRANTY OF ANY TYPE OR NATURE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. COUNTY IS NOT LIABLE WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COX MAKES NO REPRESENTATION, WARRANTY OR BOUND BY COMMITMENT: (A) THAT THE COX PRODUCTS WILL OPERATE ERROR-FREE, WITHOUT INTERRUPTION OR IN ACCORDANCE WITH ANY GUARANTEESSPECIFICATIONS; (B) THAT THE COX PRODUCTS OR COX SERVICES ARE SUITABLE FOR ANY SPECIFIC PURPOSE, PROMISESINCLUDING ANY ADVICE REGARDING THE VALUE, STATEMENTSCOSTS, REPRESENTATIONSPROFIT TARGETS, QUALITY OR SUITABILITY OF ANY PARTICULAR TRANSACTION, SALES STRATEGY OR OTHER BUSINESS PRACTICE; OR (C) AS TO THE ACCURACY OF ANY CONTENT OR DATA MADE AVAILABLE TO CUSTOMER THROUGH OR IN CONNECTION WITH THE COX PRODUCTS OR COX SERVICES. IN NO WAY DOES ANY COX PRODUCT, COX SERVICE OR OTHER MATERIALS OR INFORMATION PERTAINING TO THE PROPERTY MADE PROVIDED BY COX OR FURNISHED BY ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT COUNTY, EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS ITS AFFILIATES (INCLUDING, AS APPLICABLE AND WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODESFORM CONTRACTS, MUNICIPAL ORDINANCESMENUS, LAWSDISCLAIMERS, RULESPRIVACY POLICIES, OR REGULATIONS REGARDING RETROFITTING TERMS AND CONDITIONS) CONSTITUTE LEGAL ADVICE. COX IS NOT ENGAGED IN THE PRACTICE OF LAW OR PLUMBING FIXTURES)IN PROVIDING LEGAL OR COMPLIANCE SERVICES. THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTACCORDINGLY, CUSTOMER SHOULD CONSULT WITH ITS OWN LEGAL ADVISOR FOR LEGAL ADVICE RELATING TO ANY COX PRODUCT OR COX SERVICE.

Disclaimers. NOTWITHSTANDING ANYTHING TO EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, (A) NEITHER SELLERS NOR THE CONTRARY HEREINLLC MAKES ANY REPRESENTATION OR WARRANTY OR EXTENDS ANY WARRANTY OF ANY KIND, PURCHASER IS PURCHASING THE PROPERTY "AS IS" AND "WHERE IS," AND WITH ALL FAULTS. COUNTY IS MAKING NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, (B) THE REAL PROPERTY AND BUSINESS BEING CONDUCTED BY OPERATION THE LLC AS OF LAW OR OTHERWISETHE CLOSING DATE IS TO BE CONVEYED HEREUNDER "AS IS, WHERE IS" ON THE CLOSING DATE, AND IN ITS PRESENT CONDITION, AND (C) NEITHER THE SELLERS NOR THE LLC MAKES ANY GUARANTY WITH RESPECT TO ANY OF THE QUALITY, PHYSICAL CONDITIONREAL PROPERY AND OTHER ASSETS BEING USED BY THE BUSINESS OF THE LLC, OR VALUE AS TO THE CONDITION OR WORKMANSHIP THEREOF OR THE ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT. IN PARTICULAR PURCHASER ACKNOWLEDGES THAT EXCEPT FOR THE EXPRESS WRITTEN WARRANTIES AND REPRESENTATIONS MADE IN THIS AGREEMENT, AT THE CLOSING, THE LLC REAL PROPERTY WILL BE IN ITS "AS IS, WHERE IS " BASIS. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SELLER EXPRESSLY DISCLAIMS ALL WARRANTIES AND HAS MADE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, CONCERNING THE LLC REAL PROPERTY, INCLUDING, WITHOUT LIMITATION, ZONING, STRUCTURAL PEST, ENTITLEMENTS AND LICENSES, COMPLIANCE WITH BUILDING CODES, FLOOD ZONE STATUS, SEISMIC, NATURAL HAZARDS, INSURANCE CLAIM HISTORY, INCOME AND EXPENSES, MAINTENANCE, THE PHYSICAL CONDITION OF THE LLC REAL PROPERTY AND ALL IMPROVEMENTS; PROPERTY, FRANCHISE AND INCOME TAXES, THE CONDITION OF TITLE, TENANT LEASES, EASEMENTS, BONDS, LEVIES, SPECIAL DISTRICTS, APPLICABLE GOVERNMENTAL FEES AND REGULATIONS, APPLICABLE CC&R’S AND ARCHITECTURAL REQUIREMENTS, ENGINEERING TESTS, SOILS TESTS, GEOLOGIC REPORTS, AS WELL AS THE ENVIRONMENTAL CONDITION OF THE PROPERTY, THE INCOME OR EXPENSES FROM TERMS OF ANY LOAN SECURED BY THE REAL PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. COUNTY IS NOT LIABLE OR BOUND BY ANY GUARANTEES, PROMISES, STATEMENTS, REPRESENTATIONS, OR INFORMATION PERTAINING TO THE PROPERTY MADE OR FURNISHED BY ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT COUNTY, EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENT.

Disclaimers. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREINEXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, PURCHASER IT IS PURCHASING THE PROPERTY "AS IS" UNDERSTOOD AND "WHERE IS," AGREED THAT SELLER IS NOT MAKING AND WITH ALL FAULTS. COUNTY IS MAKING NO HAS NOT AT ANY TIME MADE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR WARRANTIESCHARACTER, WHETHER EXPRESS EXPRESSED OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITYPROPERTY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OR REPRESENTATIONS AS TO HABITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE (OTHER THAN SELLER'S LIMITED WARRANTY OF TITLE TO BE SET FORTH IN THE DEED), ZONING, TAX CONSEQUENCES, LATENT OR PATENT PHYSICAL OR ENVIRONMENTAL CONDITION, UTILITIES, OPERATING HISTORY OR VALUE OF THE PROPERTYPROJECTIONS, THE INCOME OR EXPENSES FROM THE PROPERTYVALUATION, OR GOVERNMENTAL APPROVALS, THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING GOVERNMENTAL LAWS, THE TRUTH, ACCURACY OR FIRE CODES COMPLETENESS OF THE PROPERTY DOCUMENTS OR ANY OTHER LAWS INFORMATION PROVIDED BY OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY ON BEHALF OF HABITABILITY, SUITABILITY, MERCHANTABILITYSELLER TO PURCHASER, OR FITNESS FOR A PARTICULAR PURPOSEANY OTHER MATTER OR THING REGARDING THE PROPERTY. COUNTY PURCHASER ACKNOWLEDGES AND AGREES THAT UPON CLOSING SELLER SHALL SELL AND CONVEY TO PURCHASER AND PURCHASER SHALL ACCEPT THE PROPERTY "AS IS, WHERE IS, WITH ALL FAULTS", EXCEPT TO THE EXTENT EXPRESSLY PROVIDED OTHERWISE IN THIS AGREEMENT. PURCHASER HAS NOT RELIED AND WILL NOT RELY ON, AND SELLER IS NOT LIABLE FOR OR BOUND BY BY, ANY GUARANTEESEXPRESSED OR IMPLIED WARRANTIES, PROMISESGUARANTIES, STATEMENTS, REPRESENTATIONS, REPRESENTATIONS OR INFORMATION PERTAINING TO THE PROPERTY OR RELATING THERETO (INCLUDING SPECIFICALLY, WITHOUT LIMITATION, PROPERTY INFORMATION PACKAGES DISTRIBUTED WITH RESPECT TO THE PROPERTY) MADE OR FURNISHED BY SELLER, THE MANAGER OF THE PROPERTY, OR ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, BROKER OR OTHER PERSON AGENT REPRESENTING OR PURPORTING TO REPRESENT COUNTYSELLER, EXCEPT TO WHOMEVER MADE OR GIVEN, DIRECTLY OR INDIRECTLY, ORALLY OR IN WRITING, UNLESS SPECIFICALLY SET FORTH IN THIS AGREEMENT. PURCHASER REPRESENTS TO SELLER THAT PURCHASER HAS CONDUCTED, OR WILL CONDUCT PRIOR TO CLOSING, SUCH INVESTIGATIONS OF THE PROPERTY, INCLUDING BUT NOT LIMITED TO, THE PHYSICAL AND ENVIRONMENTAL CONDITIONS THEREOF, AS AND PURCHASER DEEMS NECESSARY TO SATISFY ITSELF AS TO THE EXTENT CONDITION OF THE PROPERTY AND THE EXISTENCE OR NONEXISTENCE OR CURATIVE ACTION TO BE TAKEN WITH RESPECT TO ANY HAZARDOUS OR TOXIC SUBSTANCES ON OR DISCHARGED FROM THE PROPERTY, AND WILL RELY SOLELY UPON SAME AND NOT UPON ANY INFORMATION PROVIDED BY OR ON BEHALF OF SELLER OR ITS AGENTS OR EMPLOYEES WITH RESPECT THERETO, OTHER THAN SUCH REPRESENTATIONS, WARRANTIES AND COVENANTS OF SELLER AS ARE EXPRESSLY SET FORTH HEREININ THIS AGREEMENT. UPON CLOSING, PURCHASER SHALL ASSUME RESPONSIBILITY FOR THE RISK THAT ADVERSE MATTERS, INCLUDING BUT NOT LIMITED TO, CONSTRUCTION DEFECTS AND ADVERSE PHYSICAL AND ENVIRONMENTAL CONDITIONS, MAY NOT HAVE BEEN REVEALED BY PURCHASER'S INVESTIGATIONS, AND PURCHASER, UPON CLOSING, SHALL BE DEEMED TO HAVE WAIVED, RELINQUISHED AND RELEASED SELLER (AND SELLER'S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS) FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION (INCLUDING CAUSES OF ACTION IN TORT), LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL (INCLUDING ATTORNEYS' FEES AND COURT COSTS) OF ANY AND EVERY KIND OR CHARACTER, KNOWN OR UNKNOWN, WHICH PURCHASER MIGHT HAVE ASSERTED OR ALLEGED AGAINST SELLER (AND SELLER'S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS) AT ANY TIME BY REASON OF OR ARISING OUT OF ANY LATENT OR PATENT CONSTRUCTION DEFECTS OR PHYSICAL CONDITIONS, VIOLATIONS OF ANY APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS LAWS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT ANY ENVIRONMENTAL LAWS) AND ANY CODESAND ALL OTHER ACTS, MUNICIPAL ORDINANCESOMISSIONS, LAWSEVENTS, RULESCIRCUMSTANCES OR MATTERS REGARDING THE PROPERTY. PURCHASER AGREES THAT SHOULD ANY CLEANUP, REMEDIATION OR REGULATIONS REGARDING RETROFITTING REMOVAL OF HAZARDOUS SUBSTANCES OR PLUMBING FIXTURES). OTHER ENVIRONMENTAL CONDITIONS ON THE PROVISIONS PROPERTY BE REQUIRED AFTER THE DATE OF THIS PARAGRAPH CLOSING, SUCH CLEAN-UP, REMOVAL OR REMEDIATION SHALL SURVIVE BE THE CLOSING RESPONSIBILITY OF AND SHALL BE PERFORMED AT THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTSOLE COST AND EXPENSE OF PURCHASER.

Disclaimers. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREINEXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, PURCHASER IT IS PURCHASING THE PROPERTY "AS IS" UNDERSTOOD AND "WHERE IS," AGREED THAT SELLER IS NOT MAKING AND WITH ALL FAULTS. COUNTY IS MAKING NO HAS NOT AT ANY TIME MADE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR WARRANTIESCHARACTER, WHETHER EXPRESS EXPRESSED OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITYPROPERTIES, PHYSICAL CONDITIONINCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF REPRESENTATIONS AS TO HABITABILITY, SUITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, TITLE (OTHER THAN SELLER'S LIMITED WARRANTY OF TITLE TO BE SET FORTH IN THE DEED), ZONING, TAX CONSEQUENCES, LATENT OR PATENT PHYSICAL OR ENVIRONMENTAL CONDITION, UTILITIES, OPERATING HISTORY OR PROJECTIONS, VALUATION, GOVERNMENTAL APPROVALS, THE COMPLIANCE OF THE PROPERTIES WITH GOVERNMENTAL LAWS, THE TRUTH, ACCURACY OR COMPLETENESS OF THE PROPERTIES DOCUMENTS OR ANY OTHER INFORMATION PROVIDED BY OR ON BEHALF OF SELLER TO PURCHASER, OR ANY OTHER MATTER OR THING REGARDING THE PROPERTIES. COUNTY PURCHASER ACKNOWLEDGES AND AGREES THAT UPON CLOSING SELLER SHALL SELL AND CONVEY TO PURCHASER AND PURCHASER SHALL ACCEPT THE PROPERTIES "AS IS, WHERE IS, WITH ALL FAULTS". EXCEPT TO THE EXTENT EXPRESSLY PROVIDED OTHERWISE IN THIS AGREEMENT, PURCHASER HAS NOT RELIED AND WILL NOT RELY ON, AND SELLER IS NOT LIABLE FOR OR BOUND BY BY, ANY GUARANTEESEXPRESSED OR IMPLIED WARRANTIES, PROMISESGUARANTIES, STATEMENTS, REPRESENTATIONS, REPRESENTATIONS OR INFORMATION PERTAINING TO THE PROPERTIES OR RELATING THERETO (INCLUDING SPECIFICALLY, WITHOUT LIMITATION, PROPERTY INFORMATION PACKAGES DISTRIBUTED WITH RESPECT TO THE PROPERTIES) MADE OR FURNISHED BY SELLER, THE MANAGER OF THE PROPERTIES, OR ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, BROKER OR OTHER PERSON AGENT REPRESENTING OR PURPORTING TO REPRESENT COUNTYSELLER, TO WHOMEVER MADE OR GIVEN, DIRECTLY OR INDIRECTLY, ORALLY OR IN WRITING, UNLESS SPECIFICALLY SET FORTH IN THIS AGREEMENT. PURCHASER REPRESENTS TO SELLER THAT PURCHASER HAS CONDUCTED, OR WILL CONDUCT PRIOR TO CLOSING, SUCH INVESTIGATIONS OF THE PROPERTIES, INCLUDING BUT NOT LIMITED TO, THE PHYSICAL AND ENVIRONMENTAL CONDITIONS THEREOF, AS PURCHASER DEEMS NECESSARY TO SATISFY ITSELF AS TO THE CONDITION OF THE PROPERTIES AND THE EXISTENCE OR NONEXISTENCE OR CURATIVE ACTION TO BE TAKEN WITH RESPECT TO ANY HAZARDOUS OR TOXIC SUBSTANCES ON OR DISCHARGED FROM THE PROPERTIES, AND WILL RELY SOLELY UPON SAME AND NOT UPON ANY INFORMATION PROVIDED BY OR ON BEHALF OF SELLER OR ITS AGENTS OR EMPLOYEES WITH RESPECT THERETO, OTHER THAN SUCH REPRESENTATIONS, WARRANTIES AND COVENANTS OF SELLER AS ARE EXPRESSLY SET FORTH IN THIS AGREEMENT. UPON CLOSING, EXCEPT AS AND TO THE EXTENT EXPRESSLY OF ANY BREACH BY SELLER OF THE REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN. IN SECTION 11.01 BELOW, AND EXCEPT WITH RESPECT TO ANY CLAIMS FOR DAMAGES, REMEDIATION, CONTRIBUTION OR INDEMNITY BY THIRD PARTIES, INCLUDING WITHOUT LIMITATION GOVERNMENTAL AUTHORITIES, RELATING TO THE PROPERTIES AND SELLER'S PERIOD OF OWNERSHIP THEREOF, PURCHASER SHALL ASSUME RESPONSIBILITY FOR THE RISK THAT ADVERSE MATTERS, INCLUDING BUT NOT LIMITED TO, CONSTRUCTION DEFECTS AND ADVERSE PHYSICAL AND ENVIRONMENTAL CONDITIONS, MAY NOT HAVE BEEN REVEALED BY PURCHASER'S INVESTIGATIONS, AND PURCHASER, UPON CLOSING, SHALL BE DEEMED TO HAVE WAIVED, RELINQUISHED AND RELEASED SELLER (AND SELLER'S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS) FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION (INCLUDING CAUSES OF ACTION IN TORT), LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL (INCLUDING ATTORNEYS' FEES AND COURT COSTS) OF ANY AND EVERY KIND OR CHARACTER, KNOWN OR UNKNOWN, WHICH PURCHASER MIGHT HAVE ASSERTED OR ALLEGED AGAINST SELLER (AND SELLER'S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS) AT ANY TIME BY REASON OF OR ARISING OUT OF ANY LATENT OR PATENT CONSTRUCTION DEFECTS OR PHYSICAL CONDITIONS, VIOLATIONS OF ANY APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS LAWS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT ANY ENVIRONMENTAL LAWS) AND ANY CODESAND ALL OTHER ACTS, MUNICIPAL ORDINANCESOMISSIONS, LAWSEVENTS, RULES, CIRCUMSTANCES OR REGULATIONS MATTERS REGARDING RETROFITTING OR PLUMBING FIXTURES)THE PROPERTIES. EXCEPT TO THE PROVISIONS EXTENT OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING ANY BREACH BY SELLER OF THE TRANSACTION CONTEMPLATED REPRESENTATIONS AND WARRANTIES SET FORTH IN SECTION 11.01 BELOW, AND EXCEPT WITH RESPECT TO ANY CLAIMS FOR DAMAGES, REMEDIATION, CONTRIBUTION OR INDEMNITY BY THIS AGREEMENTTHIRD PARTIES, INCLUDING WITHOUT LIMITATION GOVERNMENTAL AUTHORITIES, RELATING TO THE PROPERTIES AND SELLER'S PERIOD OF OWNERSHIP THEREOF, PURCHASER AGREES THAT SHOULD ANY CLEANUP, REMEDIATION OR REMOVAL OF HAZARDOUS SUBSTANCES OR OTHER ENVIRONMENTAL CONDITIONS ON THE PROPERTIES BE REQUIRED AFTER THE DATE OF CLOSING, SUCH CLEAN-UP, REMOVAL OR REMEDIATION SHALL BE THE RESPONSIBILITY OF AND SHALL BE PERFORMED AT THE SOLE COST AND EXPENSE OF PURCHASER.

Disclaimers. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREINLICENSOR MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WHATSOEVER REGARDING SOFTWARE PRODUCT’S USE, PURCHASER IS PURCHASING PERFORMANCE, OPERATION, APPLICATIONS PORTABILITY BETWEEN SUBSEQUENT VERSIONS, FINAL OR NOT, OR SUPPORT. BY WAY OF EXAMPLE, BUT NOT OF LIMITATION, THE PROPERTY "AS IS" AND "WHERE IS," AND WITH ALL FAULTS. COUNTY IS MAKING LICENSOR MAKES NO REPRESENTATIONS OR WARRANTIESWARRANTIES OF TITLE, WHETHER EXPRESS OR IMPLIEDNONINFRINGEMENT, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION, OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COUNTY IT IS NOT LIABLE OR BOUND FURTHER UNDERSTOOD BY ANY GUARANTEESTHE LICENSEE THAT NO COMMITMENT EXISTS ON THE PART OF THE LICENSOR TO PROVIDE THE SOFTWARE PRODUCT IN A CONDITION SUITABLE FOR A SPECIFIC USE BY THE LICENSEE. THE LICENSEE ACKNOWLEDGES THAT THE SOFTWARE PRODUCT IS DELIVERED ON AN "AS IS" BASIS AND THAT THE USE OF THE SOFTWARE PRODUCT IS AT THE LICENSEE SOLE RISK. THE LICENSEE ALSO AGREES THAT, PROMISES, STATEMENTS, REPRESENTATIONS, OR INFORMATION PERTAINING TO THE PROPERTY MADE OR FURNISHED BY ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT COUNTY, EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ASSUME RESPONSIBILITY THE LICENSOR BE LIABLE FOR ALL (i) ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EITHER FORCEABLE OR NOT, ARISING OUT OF OR RELATING TO THIS SOFTWARE PRODUCT, SUCH AS, BUT NOT LIMITED TO, LOSS OF DATA, LOSS OF SALES, LOSS OF PROFITS, INREASE IN THE COSTS AND EXPENSES REQUIRED TO CAUSE CHARGES OR EXEMPLARY OR PUNITIVE DAMAGES, WHETHER OR NOT FORESEEABLE AND EVEN IF ADVISED OF THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULESPOSSIBILITY OF SUCH DAMAGES, OR REGULATIONS REGARDING RETROFITTING (ii) ANY OTHER CLAIM, DEMAND OR PLUMBING FIXTURES). DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR RELATING TO THIS XXXX OR THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING USE OR PERFORMANCE OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTSOFTWARE PRODUCT, OR CONTENT DISTRIBUTED THROUGH THE SOFTWARE PRODUCT.

Disclaimers. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREINJV makes no representation or warranty that it will market a Licensed Product or, PURCHASER IS PURCHASING THE PROPERTY "AS IS" AND "WHERE IS," AND WITH ALL FAULTSif JV does market a Licensed Product, THAT IT WILL DO SO SUCCESSFULLY. COUNTY IS MAKING NO REPRESENTATIONS OR WARRANTIESFurthermore, WHETHER all business decisions including, without limitation, the design, manufacture, sale, price and promotion of Licensed Products and the decision whether to sell a Licensed Product shall be within the sole discretion of JV. NEITHER PARTY MAKES ANY OTHER EXPRESS OR IMPLIED, BY OPERATION IMPLIED WARRANTIES AND THERE ARE NO IMPLIED WARRANTIES OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION, OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COUNTY TECOGEN IS PROVIDING THE LICENSED IP AND RELATED TECHNOLOGY TO JV ON AN “AS IS” BASIS AND HEREBY DISCLAIMS ANY AND ALL WARRANTIES OF NON-INFRINGEMENT, TITLE, SUITABILITY, QUIET ENJOYMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLY, AND NOT TO LIMIT THE FOREGOING, TECOGEN MAKES NO WARRANTY OR REPRESENTATION (I) REGARDING THE VALIDITY OR SCOPE OF THE LICENSED IP, AND (II) THAT THE EXPLOITATION OF THE LICENSED IP AND THE RELATED TECHNOLOGY WILL NOT INFRINGE ANY PATENTS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY. IN NO EVENT SHALL EITHER PARTY BE LIABLE OR BOUND BY ANY GUARANTEES, PROMISES, STATEMENTS, REPRESENTATIONS, OR INFORMATION PERTAINING TO THE PROPERTY MADE OTHER FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR FURNISHED BY ANY REAL ESTATE AGENTCONSEQUENTIAL DAMAGES, BROKER, EMPLOYEE, SERVANT, OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT COUNTY, EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY DAMAGES FOR LOST PROFITS, INTERRUPTION OF BUSINESS, LOSS OF TECHNOLOGY OR LOST DATA, HOWEVER ARISING, Exhibit 10.32 WHETHER UNDER THEORIES OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES)OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PROVISIONS FOREGOING LIMITATIONS SHALL NOT APPLY TO (I) BREACH BY EITHER PARTY OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTITS CONFIDENTIALITY OBLIGATIONS HEREUNDER; OR (II) EITHER PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 11.

Disclaimers. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREINEXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, PURCHASER IT IS PURCHASING THE PROPERTY "AS IS" UNDERSTOOD AND "WHERE IS," AGREED THAT SELLER IS NOT MAKING AND WITH ALL FAULTS. COUNTY IS MAKING NO HAS NOT AT ANY TIME MADE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR WARRANTIESCHARACTER, WHETHER EXPRESS EXPRESSED OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITYPROPERTY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OR REPRESENTATIONS AS TO HABITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE (OTHER THAN SELLER'S LIMITED WARRANTY OF TITLE TO BE SET FORTH IN THE DEED), ZONING, TAX CONSEQUENCES, LATENT OR PATENT PHYSICAL OR ENVIRONMENTAL CONDITION, UTILITIES, OPERATING HISTORY OR VALUE OF THE PROPERTYPROJECTIONS, THE INCOME OR EXPENSES FROM THE PROPERTYVALUATION, OR GOVERNMENTAL APPROVALS, THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING GOVERNMENTAL LAWS, THE TRUTH, ACCURACY OR FIRE CODES COMPLETENESS OF THE PROPERTY DOCUMENTS OR ANY OTHER LAWS INFORMATION PROVIDED BY OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY ON BEHALF OF HABITABILITY, SUITABILITY, MERCHANTABILITYSELLER TO PURCHASER, OR FITNESS FOR A PARTICULAR PURPOSEANY OTHER MATTER OR THING REGARDING THE PROPERTY. COUNTY PURCHASER ACKNOWLEDGES AND AGREES THAT UPON CLOSING SELLER SHALL SELL AND CONVEY TO PURCHASER AND PURCHASER SHALL ACCEPT THE PROPERTY "AS IS, WHERE IS, WITH ALL FAULTS", EXCEPT TO THE EXTENT EXPRESSLY PROVIDED OTHERWISE IN THIS AGREEMENT. PURCHASER HAS NOT RELIED AND WILL NOT RELY ON, AND SELLER IS NOT LIABLE FOR OR BOUND BY BY, ANY GUARANTEESEXPRESSED OR IMPLIED WARRANTIES, PROMISESGUARANTIES, STATEMENTS, REPRESENTATIONS, REPRESENTATIONS OR INFORMATION PERTAINING TO THE PROPERTY OR RELATING THERETO (INCLUDING SPECIFICALLY, WITHOUT LIMITATION, PROPERTY INFORMATION PACKAGES DISTRIBUTED WITH RESPECT TO THE PROPERTY) MADE OR FURNISHED BY SELLER, THE MANAGER OF THE PROPERTY, OR ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, BROKER OR OTHER PERSON AGENT REPRESENTING OR PURPORTING TO REPRESENT COUNTYSELLER, EXCEPT TO WHOMEVER MADE OR GIVEN, DIRECTLY OR INDIRECTLY, ORALLY OR IN WRITING, UNLESS SPECIFICALLY SET FORTH IN THIS AGREEMENT. PURCHASER REPRESENTS TO SELLER THAT PURCHASER HAS CONDUCTED, OR WILL CONDUCT PRIOR TO CLOSING, SUCH INVESTIGATIONS OF THE PROPERTY, INCLUDING BUT NOT LIMITED TO, THE PHYSICAL AND ENVIRONMENTAL CONDITIONS THEREOF, AS AND PURCHASER DEEMS NECESSARY TO SATISFY ITSELF AS TO THE EXTENT CONDITION OF THE PROPERTY AND THE EXISTENCE OR NONEXISTENCE OR CURATIVE ACTION TO BE TAKEN WITH RESPECT TO ANY HAZARDOUS OR TOXIC SUBSTANCES ON OR DISCHARGED FROM THE PROPERTY, AND WILL RELY SOLELY UPON SAME AND NOT UPON ANY INFORMATION PROVIDED BY OR ON BEHALF OF SELLER OR ITS AGENTS OR EMPLOYEES WITH RESPECT THERETO, OTHER THAN SUCH REPRESENTATIONS, WARRANTIES AND COVENANTS OF SELLER AS ARE EXPRESSLY SET FORTH HEREININ THIS AGREEMENT. UPON CLOSING, PURCHASER SHALL ASSUME RESPONSIBILITY FOR THE RISK THAT ADVERSE MATTERS, INCLUDING BUT NOT LIMITED TO, CONSTRUCTION DEFECTS AND ADVERSE PHYSICAL AND ENVIRONMENTAL CONDITIONS, MAY NOT HAVE BEEN REVEALED BY PURCHASER'S INVESTIGATIONS, AND PURCHASER, UPON CLOSING, SHALL BE DEEMED TO HAVE WAIVED, RELINQUISHED AND RELEASED SELLER (AND SELLER'S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS) FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION (INCLUDING CAUSES OF ACTION IN TORT), LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL (INCLUDING ATTORNEYS' FEES AND COURT COSTS) OF ANY AND EVERY KIND OR CHARACTER, KNOWN OR UNKNOWN, WHICH PURCHASER MIGHT HAVE ASSERTED OR ALLEGED AGAINST SELLER (AND SELLER'S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS) AT ANY TIME BY REASON OF OR ARISING OUT OF ANY LATENT OR PATENT CONSTRUCTION DEFECTS OR PHYSICAL CONDITIONS, VIOLATIONS OF ANY APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS LAWS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT ANY ENVIRONMENTAL LAWS) AND ANY CODESAND ALL OTHER ACTS, MUNICIPAL ORDINANCESOMISSIONS, LAWSEVENTS, RULESCIRCUMSTANCES OR MATTERS REGARDING THE PROPERTY. PURCHASER AGREES THAT SHOULD ANY CLEANUP, REMEDIATION OR REGULATIONS REGARDING RETROFITTING REMOVAL OF HAZARDOUS SUBSTANCES OR PLUMBING FIXTURES)OTHER ENVIRONMENTAL CONDITIONS ON THE PROPERTY BE REQUIRED AFTER THE DATE OF CLOSING, SUCH CLEAN-UP, REMOVAL OR REMEDIATION SHALL BE THE RESPONSIBILITY OF AND SHALL BE PERFORMED AT THE SOLE COST AND EXPENSE OF PURCHASER AND SELLER SHALL NOT BE LIABLE TO PURCHASER FOR SUCH CLEAN-UP, REMOVAL OR REMEDIATION. AS PART OF THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE SECTION 9.2, BUT NOT AS A LIMITATION THEREON, PURCHASER HEREBY AGREES, REPRESENTS AND WARRANTS THAT THE CLOSING MATTERS RELEASED HEREIN ARE NOT LIMITED TO MATTERS WHICH ARE KNOWN OR DISCLOSED, AND PURCHASER HEREBY WAIVES ANY AND ALL RIGHTS AND BENEFITS WHICH IT NOW HAS, OR IN THE FUTURE MAY HAVE CONFERRED UPON IT, BY VIRTUE OF THE TRANSACTION CONTEMPLATED PROVISIONS OF FEDERAL, STATE OR LOCAL LAW, RULES OR REGULATIONS, INCLUDING WITHOUT LIMITATION, SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY THIS AGREEMENTHIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

Disclaimers. NOTWITHSTANDING ANYTHING THIS AGREEMENT AND ANY TOKENS WHEN TRANSFERRED PURSUANT TO IT, HAVE NOT BEEN ARE NOT BUT MAYBE REGISTERED UNDER THE CONTRARY HEREINSECURITIES ACT OF 1933, PURCHASER IS PURCHASING AS AMENDED (THE PROPERTY "AS IS" AND "WHERE IS," AND WITH ALL FAULTS. COUNTY IS MAKING NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION, OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY“SECURITIES ACT”), OR THE COMPLIANCE SECURITIES LAWS OF ANY STATE OR OTHER JURISDICTION. NEITHER THIS SECURITY NOR ANY INTEREST OR PARTICIPATION HEREIN, MAY BE OFFERED, SOLD, ASSIGNED, TRANSFERRED, PLEDGED, ENCUMBERED OR OTHERWISE DISPOSED OF UNDER ANY CIRCUMSTANCES. EACH HOLDER OF THIS SECURITY, BY ITS ACCEPTANCE HEREOF CONFIRMS ITS ELIGIBILITY AS IT IS DESCRIBED BELOW. LAWS OF ANY U.S. STATE OR ANY OTHER APPLICABLE JURISDICTION. IN ADDITION, THE COMPANY WILL REQUIRE, PRIOR TO ANY OFFER, SALE OR TRANSFER PURSUANT TO CLAUSE (III), THE DELIVERY OF AN OPINION OF COUNSEL, CERTIFICATION OR OTHER INFORMATION SATISFACTORY TO THE COMPANY AND THE COMPANY'S TRANSFER AGENT, IF ANY. THE HOLDER OF THIS SECURITY OR TOKEN BY ITS ACCEPTANCE WILL BE DEEMED TO HAVE REPRESENTED AND WARRANTED THAT EITHER (1) NO PORTION OF THE PROPERTY WITH APPLICABLE BUILDING ASSETS USED BY SUCH HOLDER TO ACQUIRE OR FIRE CODES HOLD THIS SECURITY OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING TOKEN CONSTITUTES THE FOREGOINGASSETS OF AN EMPLOYEE BENEFIT PLAN THAT IS SUBJECT TO TITLE I OF THE U.S. EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974, COUNTY MAKES NO WARRANTY AS AMENDED (“ERISA”), A PLAN TO WHICH SECTION 4975 OF HABITABILITYTHE U.S. INTERNAL REVENUE CODE OF 1986, SUITABILITYAS AMENDED (THE “CODE”) APPLIES (INCLUDING AN INDIVIDUAL RETIREMENT ACCOUNT), MERCHANTABILITYAN ENTITY WHOSE UNDERLYING ASSETS ARE CONSIDERED TO INCLUDE PLAN ASSETS OF ANY SUCH EMPLOYEE BENEFIT PLAN, OR FITNESS FOR PLAN, A PARTICULAR PURPOSE. COUNTY IS GOVERNMENTAL PLAN (AS DEFINED IN SECTION 3(32) OF ERISA), A CHURCH PLAN (AS DEFINED IN SECTION 3(33) OF ERISA) THAT HAS NOT LIABLE OR BOUND BY ANY GUARANTEES, PROMISES, STATEMENTS, REPRESENTATIONSMADE AN ELECTION UNDER SECTION 410(D) OF THE CODE, OR INFORMATION PERTAINING TO THE PROPERTY MADE OR FURNISHED BY ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANTA NON-U.S. PLAN, OR OTHER PERSON REPRESENTING (2) (A) THE HOLDER IS, OR PURPORTING TO REPRESENT COUNTY, EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATIONIS USING, THE AMERICANS WITH DISABILITIES ACT AND ANY CODESASSETS OF A GOVERNMENTAL PLAN, MUNICIPAL ORDINANCES, LAWS, RULESA CHURCH PLAN THAT HAS NOT MADE AN ELECTION UNDER SECTION 410(D) OF THE CODE, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENT.A NON-U.S. PLAN AND

Disclaimers. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREINEXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, PURCHASER IT IS PURCHASING THE PROPERTY "AS IS" UNDERSTOOD AND "WHERE IS," AGREED THAT SELLER IS NOT MAKING AND WITH ALL FAULTS. COUNTY IS MAKING NO HAS NOT AT ANY TIME MADE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR WARRANTIESCHARACTER, WHETHER EXPRESS EXPRESSED OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITYPROPERTY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OR REPRESENTATIONS AS TO HABITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE (OTHER THAN SELLER'S LIMITED WARRANTY OF TITLE TO BE SET FORTH IN THE DEED), ZONING, TAX CONSEQUENCES, LATENT OR PATENT PHYSICAL OR ENVIRONMENTAL CONDITION, UTILITIES, OPERATING HISTORY OR VALUE OF THE PROPERTYPROJECTIONS, THE INCOME OR EXPENSES FROM THE PROPERTYVALUATION, OR GOVERNMENTAL APPROVALS, THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING GOVERNMENTAL LAWS, THE TRUTH, ACCURACY OR FIRE CODES COMPLETENESS OF THE PROPERTY DOCUMENTS OR ANY OTHER LAWS INFORMATION PROVIDED BY OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY ON BEHALF OF HABITABILITY, SUITABILITY, MERCHANTABILITYSELLER TO PURCHASER, OR FITNESS FOR A PARTICULAR PURPOSEANY OTHER MATTER OR THING REGARDING THE PROPERTY. COUNTY PURCHASER ACKNOWLEDGES AND AGREES THAT UPON CLOSING SELLER SHALL SELL AND CONVEY TO PURCHASER AND PURCHASER SHALL ACCEPT THE PROPERTY "AS IS, WHERE IS, WITH ALL FAULTS" EXCEPT TO THE EXTENT EXPRESSLY PROVIDED OTHERWISE IN THIS AGREEMENT. EXCEPT TO THE EXTENT EXPRESSLY PROVIDED OTHERWISE IN THIS AGREEMENT, PURCHASER HAS NOT RELIED AND WILL NOT RELY ON, AND SELLER IS NOT LIABLE FOR OR BOUND BY BY, ANY GUARANTEESEXPRESSED OR IMPLIED WARRANTIES, PROMISESGUARANTIES, STATEMENTS, REPRESENTATIONS, REPRESENTATIONS OR INFORMATION PERTAINING TO THE PROPERTY OR RELATING THERETO (INCLUDING SPECIFICALLY, WITHOUT LIMITATION, PROPERTY INFORMATION PACKAGES DISTRIBUTED WITH RESPECT TO THE PROPERTY) MADE OR FURNISHED BY SELLER, THE MANAGER OF THE PROPERTY, OR ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, BROKER OR OTHER PERSON AGENT REPRESENTING OR PURPORTING TO REPRESENT COUNTYSELLER, TO WHOMEVER MADE OR GIVEN, DIRECTLY OR INDIRECTLY, ORALLY OR IN WRITING, UNLESS SPECIFICALLY SET FORTH IN THIS AGREEMENT. PURCHASER REPRESENTS TO SELLER THAT PURCHASER HAS CONDUCTED, OR WILL CONDUCT PRIOR TO CLOSING, SUCH INVESTIGATIONS OF THE PROPERTY, INCLUDING BUT NOT LIMITED TO, THE PHYSICAL AND ENVIRONMENTAL CONDITIONS THEREOF, AS PURCHASER DEEMS NECESSARY TO SATISFY ITSELF AS TO THE CONDITION OF THE PROPERTY AND THE EXISTENCE OR NONEXISTENCE OR CURATIVE ACTION TO BE TAKEN WITH RESPECT TO ANY HAZARDOUS OR TOXIC SUBSTANCES ON OR DISCHARGED FROM THE PROPERTY, AND WILL RELY SOLELY UPON SAME AND NOT UPON ANY INFORMATION PROVIDED BY OR ON BEHALF OF SELLER OR ITS AGENTS OR EMPLOYEES WITH RESPECT THERETO, OTHER THAN SUCH REPRESENTATIONS, WARRANTIES AND COVENANTS OF SELLER AS ARE EXPRESSLY SET FORTH IN THIS AGREEMENT. UPON CLOSING, EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PROVIDED OTHERWISE IN THIS AGREEMENT, PURCHASER SHALL ASSUME RESPONSIBILITY FOR THE RISK THAT ADVERSE MATTERS, INCLUDING BUT NOT LIMITED TO, CONSTRUCTION DEFECTS AND ADVERSE PHYSICAL AND ENVIRONMENTAL CONDITIONS, MAY NOT HAVE BEEN REVEALED BY PURCHASER'S XXXXXXXXXXXXXX, XXX XXXXXXXXX, XXXX XXXXXXX, XXXXX XX XXXMED TO HAVE WAIVED, RELINQUISHED AND RELEASED SELLER (AND SELLER'S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS) FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION (INCLUDING CAUSES OF ACTION IN TORT), LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL (INCLUDING ATTORNEYS' FEES AND COURT COSTS) OF ANY AND EVERY KIND OR CHARACTER, KNOWN OR UNKNOWN, WHICH PURCHASER MIGHT HAVE ASSERTED OR ALLEGED AGAINST SELLER (AND SELLER'S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS) AT ANY TIME BY REASON OF OR ARISING OUT OF ANY LATENT OR PATENT CONSTRUCTION DEFECTS OR PHYSICAL CONDITIONS, VIOLATIONS OF ANY APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS LAWS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT ANY ENVIRONMENTAL LAWS) AND ANY CODESAND ALL OTHER ACTS, MUNICIPAL ORDINANCESOMISSIONS, LAWSEVENTS, RULESCIRCUMSTANCES OR MATTERS REGARDING THE PROPERTY. PURCHASER AGREES THAT SHOULD ANY CLEANUP, REMEDIATION OR REGULATIONS REGARDING RETROFITTING REMOVAL OF HAZARDOUS SUBSTANCES OR PLUMBING FIXTURES). OTHER ENVIRONMENTAL CONDITIONS ON THE PROVISIONS PROPERTY BE REQUIRED AFTER THE DATE OF THIS PARAGRAPH CLOSING, SUCH CLEANUP, REMOVAL OR REMEDIATION SHALL SURVIVE BE THE CLOSING RESPONSIBILITY OF AND SHALL BE PERFORMED AT THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTSOLE COST AND EXPENSE OF PURCHASER.

Disclaimers. NOTWITHSTANDING ANYTHING ELECTRONIC TRANSMISSIONS, INCLUDING THE INTERNET, ARE PUBLIC MEDIA, AND ANY USE OF SUCH MEDIA IS PUBLIC AND NOT PRIVATE. INFORMATION RELATED TO THE CONTRARY HEREINOR ARISING FROM SUCH USE IS PUBLIC, PURCHASER IS PURCHASING OR THE PROPERTY OF THOSE COLLECTING INFORMATION, AND NOT PERSONAL OR PRIVATE INFORMATION. YOU AGREE THAT YOU USE THE SITE AT YOUR OWN RISK. THE CONTENT, SERVICES AND MATERIALS IN THE SITE ARE PROVIDED "AS IS" AND ON AN "WHERE IS,AS AVAILABLE" AND WITH ALL FAULTS. COUNTY IS MAKING NO BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY. WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS REGARDING THE ACCURACY, RELIABILITY, USEFULNESS OR COMPLETENESS OF THE SERVICES, CONTENT OR MATERIALS IN THE SITE OR ANY SITE LINKED TO IT. TO THE MAXIMUM EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, BY OPERATION INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTI_ ES- OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION, OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, DESIGN, ACCURACY, CAPABILITY, SUFFICIENCY, SUITABILITY, CAPACITY, COMPLETENESS, AVAILABILITY, COMPATIBILITY OR ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. COUNTY IS WE DO NOT LIABLE WARRANT THAT THE SITE OR BOUND BY ANY GUARANTEESTHE SERVICES, PROMISESCONTENT, STATEMENTSMATERIALS OR FUNCTIONS CONTAINED IN THE SITE WILL BE CONTINUOUSLY AVAILABLE, REPRESENTATIONSUNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, SERVICES, CONTENT, MATERIALS OR THE SERVERS THAT MAKE THE SITE OR SUCH SERVICES, CONTENT AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ARE ACCURATE OR COMPLETE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, CONTENT, MATERIALS, FUNCTIONS OR PRODUCTS AVAILABLE THROUGH THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. In the event we are held liable for any damages related to such matters, your sole and exclusive remedy will be limited to reimbursement for services or products paid by you to the entity held liable which were not provided by such entity. You hereby waive any and all rights to bring any claim or action related to such matters in any forum beyond one (1) year after the first occurrence of the kind of act, event, condition or omission upon which the claim or action is based. We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from the Site, including without limitation the Reservation Web Site. We cannot ensure that you will be satisfied with any products or services that you purchase from the Site or from a third-party site that links to or from the Site or third party content on the Site. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against the Indemnified Parties with respect to such sites and third party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. The Indemnified Parties are not responsible for telephone, electric, electronic, network, Internet, computer, hardware or software program malfunctions, failures, delays or difficulties, or late, lost, stolen, illegible, incomplete, garbled, misdirected, mutilated or postage due mail, e-mail, form postings, connections, messages or entries, or the security of any and all such matters. Further, the Indemnified Parties are not responsible for incorrect or inaccurate entry information, whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Site or by any technical or human error which may occur in the processing of any information related to the Site. We may prohibit you from participating in or utilizing the Site if in our sole and absolute discretion you show a disregard for this Agreement or act in an unprofessional manner, with the intent to annoy, abuse, threaten, or harass any other person, or in any other disruptive manner. We also reserve the right to refuse service, terminate accounts, remove or edit content or cancel orders in our sole and absolute discretion. If for any reason any portion of the Site is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the reasonable control of Company which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Site, we reserve the right (but not the obligation) in our sole and absolute discretion, to prohibit you and any member, buyer or supplier (and all of your and their Information) from using the Site, and to cancel, terminate, modify or suspend the Site or any portion thereof and void such Information. You also agree that the Indemnified Parties are not responsible or liable in any way for injury, loss or damage to your computer or interception or use of credit card information, related to or resulting from use of the Site or any sites, services or materials linked or related thereto or therefrom, whether the Reservation Web Site or otherwise, and also are not responsible or liable in any way for any injury, loss, claim or damage relating to or resulting from any part of the Site operating or not operating on computers or networks used by you or communicating with such computers or networks. To the extent we list or link to third party products or services, our site acts as the venue for suppliers to sell products and services (or, as appropriate, solicit offers to buy) and buyers to purchase such products and services. We are not involved in the actual transaction between buyers and suppliers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of suppliers to sell items or the ability of buyers to buy items. We cannot ensure that a buyer or supplier will actually complete a transaction. We do not control the information provided by other users which is made available through the Site. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Site. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretense. Although we intend that product descriptions contained in the Site be current and accurate, we make no warranty or representation that descriptions of products in the Site are accurate, complete, current, or reliable in any or all respects. In the event that a product described in the Site is not as described, your sole remedy is to return it in unused condition in accordance with the suppliers' return policy. ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 U.S.C. 2701-2711): WE MAKE NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION PERTAINING TRANSMITTED ON THE SITE OR ANY WEB SITE LINKED TO THE PROPERTY MADE SITE WHETHER THE RESERVATION WEB SITE OR FURNISHED BY ANY REAL ESTATE AGENTOTHERWISE. WE WILL NOT BE LIABLE FOR THE PRIVACY OF THE INFORMATION, BROKERE-MAIL ADDRESSES, EMPLOYEEREGISTRATION AND IDENTIFICATION INFORMATION, SERVANTDISK SPACE, COMMUNICATIONS, CONFIDENTIAL OR TRADE- SECRET INFORMATION, OR ANY OTHER PERSON REPRESENTING CONTENT TRANSMITTED OVER NETWORKS ACCESSED BY THE SITE, THE RESERVATION WEB SITE OR PURPORTING OTHERWISE, OR CONNECTED OR RELATED IN ANY WAY WITH YOUR USE OF THE SITE. NO ORAL ADVICE OR WRITTEN CORRESPONDENCE OR INFORMATION PROVIDED BY US OR ANY OF THE INDEMNIFIED PARTIES WILL CREATE A WARRANTY OF ANY KIND AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. WE RESERVE THE RIGHT, IN OUR SOLE AND ABSOLUTE DISCRETION AND WITHOUT NOTICE, TO REPRESENT COUNTYCORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE, EXCEPT AS AND OR TO DENY ACCESS TO THE EXTENT EXPRESSLY SET FORTH HEREINSITE TO ANYONE AT ANY TIME. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND NEITHER WE NOR ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTINDEMNIFIED PARTIES, SHALL HAVE ANY LIABILITY ARISING FROM YOUR RELIANCE UPON THE INFORMATION PROVIDED ON THE SITE. Search and Directory are free services which may be offered in connection with the Site. Because the Web changes constantly, no search engine technology can possibly have all accessible sites at any given time. Thus, we explicitly disclaim any responsibility for the content or availability of information contained in any search index or directory offered in connection with the Site. The Site and sites that link to or from the Site, including without limitation the Reservation Web Site, may contain technical inaccuracies or typographical errors or omissions in connection with information displayed on the Site, including without limitation rates, fees, or availability applicable to your transaction. Company is not responsible for any typographical, photographic, technical or pricing (including without limitation mistaken hotel rates) errors listed on our Site or sites that link to or from the Site, including without limitation the Reservation Web Site. Company reserves the right to make changes, corrections and/or improvements to the Site, and to the products and programs described in such information, at any time without notice, including after confirmation of a reservation.

Disclaimers. NOTWITHSTANDING ANYTHING TO EXCEPT FOR THE CONTRARY HEREINEXPRESS REPRESENTATIONS AND WARRANTIES OF SELLER SET FORTH IN SECTION 5.1 HEREOF, PURCHASER UNDERSTANDS AND AGREES THAT SELLER IS PURCHASING THE PROPERTY "AS IS" NOT MAKING AND "WHERE IS," AND WITH ALL FAULTS. COUNTY IS MAKING NO HAS NOT AT ANY TIME MADE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR WARRANTIESCHARACTER, WHETHER EXPRESS EXPRESSED OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITYPROPERTY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OR REPRESENTATIONS AS TO HABITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE (OTHER THAN SELLER'S LIMITED OR SPECIAL WARRANTY OF TITLE TO BE SET FORTH IN THE DEED), ZONING, TAX CONSEQUENCES, LATENT OR PATENT PHYSICAL OR ENVIRONMENTAL CONDITION, UTILITIES, OPERATING HISTORY OR VALUE OF THE PROPERTYPROJECTIONS, THE INCOME OR EXPENSES FROM THE PROPERTYVALUATION, OR GOVERNMENTAL APPROVALS, THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING GOVERNMENTAL LAWS, THE ABSENCE OR FIRE CODES PRESENCE OF HAZARDOUS MATERIALS OR OTHER LAWS TOXIC SUBSTANCES (INCLUDING WITHOUT LIMITATION MOLD OR REGULATIONS. WITHOUT LIMITING ANY MOLD CONDITION), COMPLIANCE WITH ENVIRONMENTAL LAWS, THE FOREGOINGTRUTH, COUNTY MAKES NO WARRANTY ACCURACY OR COMPLETENESS OF HABITABILITY, SUITABILITY, MERCHANTABILITYTHE PROPERTY DOCUMENTS OR ANY OTHER INFORMATION PROVIDED BY OR ON BEHALF OF SELLER TO PURCHASER, OR FITNESS FOR A PARTICULAR PURPOSEANY OTHER MATTER OR THING REGARDING THE PROPERTY. COUNTY PURCHASER ACKNOWLEDGES AND AGREES THAT UPON CLOSING SELLER SHALL SELL AND CONVEY TO PURCHASER AND PURCHASER SHALL ACCEPT THE PROPERTY "AS IS, WHERE IS, WITH ALL FAULTS", EXCEPT TO THE EXTENT EXPRESSLY PROVIDED OTHERWISE IN THIS AGREEMENT. PURCHASER HAS NOT RELIED AND WILL NOT RELY ON, AND SELLER IS NOT LIABLE FOR OR BOUND BY BY, ANY GUARANTEESEXPRESSED OR IMPLIED WARRANTIES, PROMISESGUARANTIES, STATEMENTS, REPRESENTATIONS, REPRESENTATIONS OR INFORMATION PERTAINING TO THE PROPERTY OR RELATING THERETO (INCLUDING SPECIFICALLY, WITHOUT LIMITATION, PROPERTY INFORMATION PACKAGES DISTRIBUTED WITH RESPECT TO THE PROPERTY) MADE OR FURNISHED BY SELLER, THE MANAGER OF THE PROPERTY, OR ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, BROKER OR OTHER PERSON AGENT REPRESENTING OR PURPORTING TO REPRESENT COUNTYSELLER, EXCEPT TO WHOMEVER MADE OR GIVEN, DIRECTLY OR INDIRECTLY, ORALLY OR IN WRITING, UNLESS SPECIFICALLY SET FORTH IN THIS AGREEMENT. PURCHASER REPRESENTS TO SELLER THAT PURCHASER HAS CONDUCTED, OR WILL CONDUCT PRIOR TO CLOSING, SUCH INVESTIGATIONS OF THE PROPERTY, INCLUDING BUT NOT LIMITED TO, THE PHYSICAL AND ENVIRONMENTAL CONDITIONS THEREOF, AS AND PURCHASER DEEMS NECESSARY TO SATISFY ITSELF AS TO THE EXTENT CONDITION OF THE PROPERTY AND THE EXISTENCE OR NONEXISTENCE OR CURATIVE ACTION TO BE TAKEN WITH RESPECT TO ANY HAZARDOUS MATERIALS OR TOXIC SUBSTANCES ON OR DISCHARGED FROM THE PROPERTY (INCLUDING WITHOUT LIMITATION ANY MOLD OR MOLD CONDITION), AND WILL RELY SOLELY UPON SAME AND NOT UPON ANY INFORMATION PROVIDED BY OR ON BEHALF OF SELLER OR ITS AGENTS OR EMPLOYEES WITH RESPECT THERETO, OTHER THAN SUCH REPRESENTATIONS, WARRANTIES AND COVENANTS OF SELLER AS ARE EXPRESSLY SET FORTH HEREININ THIS AGREEMENT. UPON CLOSING, PURCHASER SHALL ASSUME RESPONSIBILITY FOR THE RISK THAT ADVERSE MATTERS, INCLUDING BUT NOT LIMITED TO, CONSTRUCTION DEFECTS AND ADVERSE PHYSICAL AND ENVIRONMENTAL CONDITIONS, MAY NOT HAVE BEEN REVEALED BY PURCHASER'S INVESTIGATIONS, AND PURCHASER, UPON CLOSING, SHALL BE DEEMED TO HAVE WAIVED, RELINQUISHED AND RELEASED SELLER (AND SELLER'S AND ITS PARTNERS' RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS) FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION (INCLUDING CAUSES OF ACTION IN TORT OR UNDER ANY ENVIRONMENTAL LAW), LOSSES, DAMAGES, LIABILITIES (WHETHER BASED ON STRICT LIABILITY OR OTHERWISE), LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL (INCLUDING ATTORNEYS' FEES AND COURT COSTS) OF ANY AND EVERY KIND OR CHARACTER, KNOWN OR UNKNOWN, WHICH PURCHASER MIGHT HAVE ASSERTED OR ALLEGED AGAINST SELLER (AND SELLER'S AND ITS PARTNERS' RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS) AT ANY TIME BY REASON OF OR ARISING OUT OF ANY LATENT OR PATENT CONSTRUCTION DEFECTS OR PHYSICAL CONDITIONS, VIOLATIONS OF ANY APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS LAWS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT ANY ENVIRONMENTAL LAWS) AND ANY CODESAND ALL OTHER ACTS, MUNICIPAL ORDINANCESOMISSIONS, LAWSEVENTS, RULES, CIRCUMSTANCES OR REGULATIONS MATTERS REGARDING RETROFITTING OR PLUMBING FIXTURES)THE PROPERTY. THE PROVISIONS FOREGOING SHALL NOT BE INTERPRETED TO WAIVE ANY CLAIM OF PURCHASER WITH RESPECT TO ANY BREACH BY SELLER OF ANY EXPRESS REPRESENTATIONS AND WARRANTIES MADE BY SELLER IN SECTION 5.1 THAT EXPRESSLY SURVIVE CLOSING PURSUANT TO SECTION 5.3. PURCHASER AGREES THAT SHOULD ANY INVESTIGATION, CLEANUP, REMEDIATION OR REMOVAL OF HAZARDOUS SUBSTANCES OR OTHER ENVIRONMENTAL CONDITIONS (INCLUDING WITHOUT LIMITATION ANY MOLD OR MOLD CONDITION) ON OR RELATED TO THE PROPERTY BE REQUIRED AFTER THE DATE OF CLOSING, SELLER SHALL HAVE NO LIABILITY TO PURCHASER TO PERFORM OR PAY FOR SUCH INVESTIGATION, CLEAN-UP, REMOVAL OR REMEDIATION, AND PURCHASER EXPRESSLY WAIVES AND RELEASES ANY CLAIM TO THE CONTRARY. THE FOREGOING SHALL NOT BE INTERPRETED TO WAIVE ANY CLAIM OF PURCHASER WITH RESPECT TO ANY BREACH BY SELLER OF ANY EXPRESS REPRESENTATIONS AND WARRANTIES MADE BY SELLER IN SECTION 5.1 THAT EXPRESSLY SURVIVE CLOSING PURSUANT TO SECTION 5.3. PURCHASER REPRESENTS AND WARRANTS THAT THE TERMS OF THE RELEASE CONTAINED HEREIN AND ITS CONSEQUENCES HAVE BEEN COMPLETELY READ AND UNDERSTOOD BY PURCHASER, AND PURCHASER HAS HAD THE OPPORTUNITY TO CONSULT WITH, AND HAS CONSULTED WITH, LEGAL COUNSEL OF PURCHASER'S CHOICE WITH REGARD TO THE TERMS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING RELEASE. PURCHASER ACKNOWLEDGES AND WARRANTS THAT PURCHASER'S EXECUTION OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTRELEASE IS FREE AND VOLUNTARY.

Disclaimers. NOTWITHSTANDING ANYTHING EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT AND THE DOCUMENTS TO BE DELIVERED AT CLOSING PURSUANT TO SECTIONS 4.2 AND 4.3 HERETO (THE CONTRARY HEREIN“CLOSING DOCUMENTS”), PURCHASER IT IS PURCHASING THE PROPERTY "AS IS" UNDERSTOOD AND "WHERE IS," AGREED THAT SELLER IS NOT MAKING AND WITH ALL FAULTS. COUNTY IS MAKING NO HAS NOT AT ANY TIME MADE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR WARRANTIESCHARACTER, WHETHER EXPRESS EXPRESSED OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITYPROPERTY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OR REPRESENTATIONS AS TO HABITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE (OTHER THAN SELLER’S LIMITED WARRANTY OF TITLE TO BE SET FORTH IN THE DEEDS AND THE GROUND LEASE ASSIGNMENT), ZONING, TAX CONSEQUENCES, LATENT OR PATENT PHYSICAL OR ENVIRONMENTAL CONDITION, UTILITIES, OPERATING HISTORY OR VALUE OF THE PROPERTYPROJECTIONS, THE INCOME OR EXPENSES FROM THE PROPERTYVALUATION, OR GOVERNMENTAL APPROVALS, THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING GOVERNMENTAL LAWS, THE TRUTH, ACCURACY OR FIRE CODES COMPLETENESS OF THE DELIVERIES OR ANY OTHER LAWS INFORMATION PROVIDED BY OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY ON BEHALF OF HABITABILITY, SUITABILITY, MERCHANTABILITYSELLER TO PURCHASER, OR FITNESS FOR A PARTICULAR PURPOSEANY OTHER MATTER OR THING REGARDING THE PROPERTY. COUNTY PURCHASER ACKNOWLEDGES AND AGREES THAT UPON CLOSING SELLER SHALL SELL AND CONVEY TO PURCHASER AND PURCHASER SHALL ACCEPT THE PROPERTY “AS IS, WHERE IS, WITH ALL FAULTS,” EXCEPT TO THE EXTENT EXPRESSLY PROVIDED OTHERWISE IN THIS AGREEMENT AND THE CLOSING DOCUMENTS. PURCHASER HAS NOT RELIED AND SHALL NOT RELY ON, AND SELLER IS NOT LIABLE FOR OR BOUND BY BY, ANY GUARANTEESEXPRESSED OR IMPLIED WARRANTIES, PROMISESGUARANTIES, STATEMENTS, REPRESENTATIONS, REPRESENTATIONS OR INFORMATION PERTAINING TO THE PROPERTY OR RELATING THERETO (INCLUDING SPECIFICALLY, WITHOUT LIMITATION, THE DELIVERIES) MADE OR FURNISHED BY SELLER, THE MANAGER OF THE PROPERTY, OR ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, BROKER OR OTHER PERSON AGENT REPRESENTING OR PURPORTING TO REPRESENT COUNTYSELLER, EXCEPT TO WHOMEVER MADE OR GIVEN, DIRECTLY OR INDIRECTLY, ORALLY OR IN WRITING, UNLESS SPECIFICALLY SET FORTH IN THIS AGREEMENT OR THE CLOSING DOCUMENTS. PURCHASER REPRESENTS TO SELLER THAT PURCHASER HAS CONDUCTED, OR SHALL CONDUCT PRIOR TO CLOSING, SUCH INVESTIGATIONS OF THE PROPERTY, INCLUDING BUT NOT LIMITED TO, THE PHYSICAL AND ENVIRONMENTAL CONDITIONS THEREOF, AS AND PURCHASER DEEMS NECESSARY TO SATISFY ITSELF AS TO THE EXTENT CONDITION OF THE PROPERTY AND THE EXISTENCE OR NONEXISTENCE OR CURATIVE ACTION TO BE TAKEN WITH RESPECT TO ANY HAZARDOUS OR TOXIC SUBSTANCES ON OR DISCHARGED FROM THE PROPERTY, AND SHALL RELY SOLELY UPON SAME AND NOT UPON ANY INFORMATION PROVIDED BY OR ON BEHALF OF SELLER OR ITS AGENTS OR EMPLOYEES WITH RESPECT THERETO, OTHER THAN SUCH REPRESENTATIONS, WARRANTIES AND COVENANTS OF SELLER AS ARE EXPRESSLY SET FORTH HEREININ THIS AGREEMENT. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT OR THE CLOSING DOCUMENTS, UPON CLOSING, PURCHASER SHALL ASSUME RESPONSIBILITY FOR THE RISK THAT ADVERSE MATTERS, INCLUDING BUT NOT LIMITED TO, CONSTRUCTION DEFECTS AND ADVERSE PHYSICAL AND ENVIRONMENTAL CONDITIONS, MAY NOT HAVE BEEN REVEALED BY PURCHASER’S INVESTIGATIONS, AND PURCHASER, UPON CLOSING, SHALL BE DEEMED TO HAVE WAIVED, RELINQUISHED AND RELEASED SELLER (AND SELLER’S AND ITS PARTNERS’ RESPECTIVE OFFICERS, DIRECTORS, PARTNERS, MEMBERS, SHAREHOLDERS, EMPLOYEES AND AGENTS) FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION (INCLUDING CAUSES OF ACTION IN TORT), LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL (INCLUDING ATTORNEYS’ FEES AND COURT COSTS) OF ANY AND EVERY KIND OR CHARACTER, KNOWN OR UNKNOWN, WHICH PURCHASER MIGHT HAVE ASSERTED OR ALLEGED AGAINST SELLER (AND SELLER’S AND ITS PARTNERS’ RESPECTIVE OFFICERS, DIRECTORS, PARTNERS, MEMBERS, SHAREHOLDERS, EMPLOYEES AND AGENTS) AT ANY TIME BY REASON OF OR ARISING OUT OF ANY LATENT OR PATENT CONSTRUCTION DEFECTS OR PHYSICAL CONDITIONS, VIOLATIONS OF ANY APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS LAWS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT ANY ENVIRONMENTAL LAWS) AND ANY CODESAND ALL OTHER ACTS, MUNICIPAL ORDINANCESOMISSIONS, LAWSEVENTS, RULESCIRCUMSTANCES OR MATTERS REGARDING THE PROPERTY. PURCHASER AGREES THAT SHOULD ANY CLEANUP, REMEDIATION OR REGULATIONS REGARDING RETROFITTING REMOVAL OF HAZARDOUS MATERIALS OR PLUMBING FIXTURES). OTHER ENVIRONMENTAL CONDITIONS ON THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE PROPERTY BE REQUIRED AFTER THE CLOSING DATE, SUCH CLEAN-UP, REMOVAL OR REMEDIATION SHALL BE THE RESPONSIBILITY OF AND SHALL BE PERFORMED AT THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTSOLE COST AND EXPENSE OF PURCHASER.

Disclaimers. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, PURCHASER IS PURCHASING THE PROPERTY "AS IS" LIMITED WARRANTIES SET FORTH HEREIN ARE IN LIEU OF AND "WHERE IS," AND WITH EXCLUDE ALL FAULTS. COUNTY IS MAKING NO REPRESENTATIONS OTHER EXPRESS OR IMPLIED WARRANTIES, WHETHER EXPRESS OR IMPLIED, BY OPERATION INCLUDING BUT NOT LIMITED TO WARRANTIES OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION, OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR APPLICATION, AND ALL OTHER OBLIGATIONS ON THE PART OF CANADIAN SOLAR UNLESS SUCH OTHER WARRANTIES AND OBLIGATIONS ARE AGREED TO IN WRITING BY CANADIAN SOLAR. COUNTY IS SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO THE BUYER. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CANADIAN SOLAR HEREBY DISCLAIMS, AND SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR, DAMAGE OR INJURY TO PERSONS OR PROPERTY OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO ANY OF ITS PRODUCTS OR THEIR USE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL CANADIAN SOLAR BE LIABLE OR BOUND BY ANY GUARANTEES, PROMISES, STATEMENTS, REPRESENTATIONSTO THE BUYER, OR INFORMATION PERTAINING TO ANY THIRD PARTY CLAIMING THROUGH OR UNDER THE BUYER, FOR ANY LOST PROFITS, LOSS OF USE, OR EQUIPMENT DOWNTIME, OR FOR ANY INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY KIND, HOWSOEVER ARISING, RELATED TO THE PROPERTY MADE OR FURNISHED BY ANY REAL ESTATE AGENTPRODUCTS, BROKER, EMPLOYEE, SERVANT, OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT COUNTY, EXCEPT AS AND EVEN IF CANADIAN SOLAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT EXPRESSLY SET FORTH HEREINPERMITTED BY APPLICABLE LAW, CANADIAN SOLAR’S AGGREGATE LIABILITY, IF ANY, IN DAMAGES OR OTHERWISE, SHALL NOT EXCEED THE PURCHASE PRICE PAID TO CANADIAN SOLAR BY THE BUYER FOR THE PRODUCT IN THE CASE OF A WARRANTY CLAIM. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS THE BUYER ACKNOWLEDGES THAT THE FOREGOING LIMITATIONS ON LIABILITY ARE AN ESSENTIAL ELEMENT OF THE AGREEMENT BETWEEN THE PARTIES AND EXPENSES REQUIRED THAT IN THE ABSENCE OF SUCH LIMITATIONS THE PURCHASE PRICE OF THE PRODUCTS WOULD BE SUBSTANTIALLY DIFFERENT. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO CAUSE THE PROPERTY BUYER. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON THE EXCLUSION OF DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCESTHE BUYER. YOU MAY HAVE SPECIFIC LEGAL RIGHTS OUTSIDE THIS WARRANTY, AND YOU MAY ALSO HAVE OTHER LAWSRIGHTS THAT VARY FROM STATE TO STATE OR COUNRTY TO COUNTRY. THIS LIMITED WARRANTY DOES NOT AFFECT ANY ADDITIONAL RIGHTS YOU HAVE UNDER LAWS IN YOUR JURISDICTION GOVERNING THE SALE OF CONSUMER GOODS. SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTIAL OR CONSEQUENTIAL DAMAGES, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, SO THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, LIMITATIONS OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS OF EXCLUSIONS IN THIS PARAGRAPH SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTLIMITED WARRANTY STATEMENT MAY NOT APPLY.

Disclaimers. NOTWITHSTANDING ANYTHING ANY AND ALL INFORMATION, MATERIALS, SERVICES, INTELLECTUAL PROPERTY AND OTHER PROPERTY AND RIGHTS GRANTED AND/OR PROVIDED PURSUANT TO THE CONTRARY HEREINTHIS AGREEMENT (INCLUDING ANY STUDENT WORK PRODUCT), PURCHASER IS PURCHASING THE PROPERTY ARE GRANTED AND/OR PROVIDED ON AN "AS IS" AND "WHERE IS," AND WITH ALL FAULTSBASIS. COUNTY IS MAKING NO REPRESENTATIONS OR WARRANTIESPARTY MAKES ANY WARRANTIES OF ANY KIND, WHETHER EITHER EXPRESS OR IMPLIED, REGARDING ANY MATERIALS PROVIDED BY OPERATION IT, AND ALL SUCH WARRANTIES, INCLUDING WARRANTIES OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION, OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED. COUNTY IS NOT LIABLE WITHOUT LIMITING THE GENERAL NATURE OF THE PRIOR SENTENCE, NEITHER CARNEGIE MELLON NOR ANY STUDENT MAKE ANY WARRANTY OF ANY KIND RELATING TO EXCLUSIVITY, INFORMATIONAL CONTENT, ERROR-FREE OPERATION, RESULTS TO BE OBTAINED FROM USE, FREEDOM FROM PATENT, TRADEMARK AND COPYRIGHT INFRINGEMENT AND/OR BOUND BY ANY GUARANTEES, PROMISES, STATEMENTS, REPRESENTATIONS, OR INFORMATION PERTAINING FREEDOM FROM THEFT OF TRADE SECRETS WITH RESPECT TO THE STUDENT WORK PRODUCT. COURSE SPONSOR IS PROHIBITED FROM MAKING ANY EXPRESS OR IMPLIED WARRANTY TO ANY THIRD PARTY ON BEHALF OF CARNEGIE MELLON OR ANY STUDENT RELATING TO ANY MATTER, INCLUDING THE APPLICATION OF OR THE RESULTS TO BE OBTAINED FROM THE INFORMATION, MATERIALS, SERVICES, INTELLECTUAL PROPERTY MADE OR FURNISHED BY ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, OR OTHER PERSON REPRESENTING PROPERTY OR PURPORTING RIGHTS GRANTED AND/OR PROVIDED TO REPRESENT COUNTYIT PURSUANT TO THIS AGREEMENT. NEITHER CARNEGIE MELLON NOR ANY STUDENT SHALL BE LIABLE TO EDUCATIONAL PROJECT SPONSOR OR ANY THIRD PARTY FOR LOSS OF PROFITS OR FOR INCIDENTAL, EXCEPT AS AND INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES FOR ANY REASON WHATSOVER ARISING OUT OF OR RELATING TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND INCLUDING ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS BREACH OF THIS PARAGRAPH SHALL SURVIVE AGREEMENT), EVEN IF CARNEGIE MELLON OR THE CLOSING STUDENT HAS BEEN ADVISED OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENT*confidentiality language included* POSSIBILITY OF SUCH DAMAGES OR HAS OR GAINS KNOWLEDGE OF THE EXISTENCE OF SUCH DAMAGES.

Disclaimers. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREINACCORDINGLY, PURCHASER IS PURCHASING THE PROPERTY "AS IS" AND "WHERE IS," AND WITH ALL FAULTS. COUNTY IS MAKING NO EXCEPT FOR SELLER’S REPRESENTATIONS OR WARRANTIESAS EXPRESSLY STATED HEREIN OR IN ANY CLOSING DOCUMENT DELIVERED BY SELLER TO PURCHASER, WHETHER EXPRESS IT IS UNDERSTOOD AND AGREED THAT SELLER IS NOT MAKING AND HAS NOT AT ANY TIME MADE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR CHARACTER, EXPRESSED OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITYPROPERTY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OR REPRESENTATIONS AS TO HABITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ZONING, TAX CONSEQUENCES, LATENT OR PATENT PHYSICAL OR ENVIRONMENTAL CONDITION, UTILITIES, OPERATING HISTORY OR VALUE OF THE PROPERTYPROJECTIONS, THE INCOME OR EXPENSES FROM THE PROPERTYVALUATION, OR GOVERNMENTAL APPROVALS, THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING GOVERNMENTAL LAWS, THE TRUTH, ACCURACY OR FIRE CODES COMPLETENESS OF THE DUE DILIGENCE INFORMATION OR ANY OTHER LAWS INFORMATION PROVIDED BY OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY ON BEHALF OF HABITABILITY, SUITABILITY, MERCHANTABILITYSELLER TO PURCHASER, OR FITNESS FOR A PARTICULAR PURPOSEANY OTHER MATTER OR THING REGARDING THE PROPERTY. COUNTY PURCHASER ACKNOWLEDGES AND AGREES THAT UPON CLOSING SELLER SHALL SELL AND CONVEY TO PURCHASER AND PURCHASER SHALL ACCEPT THE PROPERTY “AS IS, WHERE IS, WITH ALL FAULTS”, EXCEPT TO THE EXTENT EXPRESSLY PROVIDED IN THE SELLER’S REPRESENTATIONS OR IN ANY CLOSING DOCUMENT DELIVERED BY SELLER TO PURCHASER. PURCHASER HAS NOT RELIED AND WILL NOT RELY ON, AND SELLER IS NOT LIABLE FOR OR BOUND BY BY, ANY GUARANTEESEXPRESSED OR IMPLIED WARRANTIES, PROMISESGUARANTIES, STATEMENTS, REPRESENTATIONS, REPRESENTATIONS OR INFORMATION PERTAINING TO THE PROPERTY OR RELATING THERETO (INCLUDING SPECIFICALLY, WITHOUT LIMITATION, DUE DILIGENCE INFORMATION PACKAGES DISTRIBUTED WITH RESPECT TO THE PROPERTY) MADE OR FURNISHED BY ANY REAL ESTATE AGENTSELLER, BROKER, EMPLOYEE, SERVANTTHE MANAGER OF THE PROPERTY, OR BROKER OR ANY OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT COUNTYSELLER, EXCEPT TO WHOMEVER MADE OR GIVEN, DIRECTLY OR INDIRECTLY, ORALLY OR IN WRITING, UNLESS SPECIFICALLY SET FORTH IN SELLER’S REPRESENTATIONS. PURCHASER REPRESENTS TO SELLER THAT PURCHASER HAS CONDUCTED, OR WILL CONDUCT PRIOR TO CLOSING, SUCH INVESTIGATIONS OF THE PROPERTY, INCLUDING BUT NOT LIMITED TO, THE PHYSICAL AND ENVIRONMENTAL CONDITIONS THEREOF, AS AND PURCHASER DEEMS NECESSARY TO SATISFY ITSELF AS TO THE EXTENT EXPRESSLY SET FORTH HEREINCONDITION OF THE PROPERTY AND THE EXISTENCE OR NONEXISTENCE OR CURATIVE ACTION TO BE TAKEN WITH RESPECT TO ANY HAZARDOUS OR TOXIC SUBSTANCES ON OR DISCHARGED FROM THE PROPERTY, AND WILL RELY SOLELY UPON SAME AND NOT UPON ANY INFORMATION PROVIDED BY OR ON BEHALF OF SELLER OR ITS AGENTS OR EMPLOYEES WITH RESPECT THERETO. UPON CLOSING, PURCHASER SHALL ASSUME RESPONSIBILITY FOR THE RISK THAT ADVERSE MATTERS, INCLUDING BUT NOT LIMITED TO, CONSTRUCTION DEFECTS AND ADVERSE PHYSICAL AND ENVIRONMENTAL CONDITIONS, MAY NOT HAVE BEEN REVEALED BY PURCHASER’S INVESTIGATIONS, AND PURCHASER, UPON CLOSING, SHALL BE DEEMED TO HAVE WAIVED, RELINQUISHED AND RELEASED SELLER (AND SELLER’S OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, EMPLOYEES AND AGENTS) FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION (INCLUDING CAUSES OF ACTION IN TORT), LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES REQUIRED TO CAUSE THE (INCLUDING ATTORNEYS’ FEES AND COURT COSTS) OF ANY AND EVERY KIND OR CHARACTER, KNOWN OR UNKNOWN, WHICH PURCHASER MIGHT HAVE ASSERTED OR ALLEGED AGAINST SELLER (AND SELLER’S OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, EMPLOYEES AND AGENTS) OR PROPERTY TO COMPLY WITH ALL MANAGER AT ANY TIME BY REASON OF OR ARISING OUT OF ANY LATENT OR PATENT CONSTRUCTION DEFECTS OR PHYSICAL CONDITIONS, VIOLATIONS OF ANY APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS LAWS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, ENVIRONMENTAL LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). PURCHASER AGREES THAT SHOULD ANY CLEANUP, REMEDIATION OR REMOVAL OF HAZARDOUS MATERIALS OR OTHER ENVIRONMENTAL CONDITIONS ON THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE PROPERTY BE REQUIRED AFTER THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTDATE, PURCHASER HEREBY WAIVES ANY RIGHT TO PURSUE ANY ACTION AGAINST SELLER WITH RESPECT TO SUCH CLEAN-UP, REMOVAL OR REMEDIATION.

Disclaimers. NOTWITHSTANDING ANYTHING TO THE CONTRARY (a) EXCEPT AS EXPRESSLY PROVIDED HEREIN, PURCHASER IS PURCHASING THE PROPERTY "AS IS" AND "WHERE IS," AND WITH ALL FAULTS. COUNTY IS MAKING NO NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, BY OPERATION INCLUDING ALL WARRANTIES OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION, OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. COUNTY IS NOT LIABLE OR BOUND BY ANY GUARANTEES, PROMISES, STATEMENTS, REPRESENTATIONS, OR INFORMATION PERTAINING TO THE PROPERTY MADE OR FURNISHED BY ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT COUNTYIN ADDITION AND WITHOUT LIMITATION, EXCEPT AS EXPRESSLY PROVIDED HEREIN, ALL MATERIALS, CONFIDENTIAL INFORMATION AND IP ARISING FROM THE COLLABORATION OR OTHERWISE FROM THIS AGREEMENT IS PROVIDED ON AN “AS IS” BASIS WITH NO REPRESENTATION OR WARRANTIES OF ANY KIND. LILLY ACKNOWLEDGES AND AGREES THAT ALL RIGHTS GRANTED BY APNS TO LILLY UNDER THIS AGREEMENT ARE SUBJECT TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS TERMS AND EXPENSES REQUIRED TO CAUSE CONDITIONS OF THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCESAECOM AGREEMENTS, AND THE RIGHTS OF AECOM, NIH AND THE FEDERAL GOVERNMENT UNDER THE AECOM AGREEMENTS. [***] THE CONFIDENTIAL PORTION OF THIS AGREEMENT HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIALITY. (b) UNDER NO CIRCUMSTANCES WILL EITHER PARTY BE ENTITLED TO RECOVER FROM THE OTHER LAWSPARTY ANY INCIDENTAL, RULESCONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF USE AND REGULATIONS THE LIKE), WHETHER BASED ON CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULESINCLUDING NEGLIGENCE), OR REGULATIONS REGARDING RETROFITTING ANY OTHER CAUSE OF ACTION RELATING TO THE COLLABORATION OR PLUMBING FIXTURES). OTHERWISE RELATING TO THIS AGREEMENT, EVEN IF THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING OTHER PARTY HAS BEEN INFORMED OR SHOULD HAVE KNOWN OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTPOSSIBILITY OF SUCH DAMAGES.

Disclaimers. NOTWITHSTANDING ANYTHING TO 13.1. (A) THE CONTRARY HEREINSERVICE, PURCHASER IS PURCHASING THE PROPERTY "ANY LUMIGO CONTENT, AND ANY THIRD PARTY CONTENT AND ALL OTHER SERVICES, CONTENT AND ITEMS PROVIDED AND MADE AVAILABLE BY LUMIGO ARE PROVIDED ON AN “AS IS" ” AND "WHERE IS," AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. COUNTY IS MAKING NO REPRESENTATIONS , AND WITHOUT ANY REPRESENTATION, WARRANTY, GUARANTEE OR WARRANTIESCONDITION OF ANY KIND WHATSOEVER, WHETHER EXPRESS EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, BY OPERATION INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS OF LAW OR OTHERWISEMERCHANTABILITY, WITH RESPECT TO THE SATISFACTORY QUALITY, PHYSICAL CONDITION, OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. COUNTY IS NOT LIABLE OR BOUND BY ANY GUARANTEES, PROMISESQUIET POSSESSION, STATEMENTSNON-INFRINGEMENT, REPRESENTATIONSQUALITY OF SERVICE, TITLE, OR INFORMATION PERTAINING TO THE PROPERTY MADE THAT OTHERWISE ARISE FROM A COURSE OF PERFORMANCE OR FURNISHED BY ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANTDEALING, OR OTHER PERSON REPRESENTING USAGE OF TRADE, ALL OF WHICH ARE HEREBY DISCLAIMED BY LUMIGO AND ITS LICENSORS AND SUPPLIERS; AND (B) LUMIGO DOES NOT MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE OR PURPORTING TO REPRESENT COUNTYCONDITION REGARDING THE EFFECTIVENESS, EXCEPT AS AND TO USEFULNESS, RELIABILITY, AVAILABILITY, TIMELINES, ACCURACY, COMPLETENESS, OR QUALITY OF THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE SERVICE, CONTENT OR ITEMS, THAT USE THEREOF WILL BE UNINTERRUPTED, SECURE ERROR-FREE, OR VIRUS- FREE, OR THAT DEFECTS IN THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODESSERVICE WILL BE CORRECTED, MUNICIPAL ORDINANCESTHAT CUSTOMER’S USE OF, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATIONOR RELIANCE UPON, THE AMERICANS WITH DISABILITIES ACT AND ANY CODESSERVICE, MUNICIPAL ORDINANCESLUMIGO CONTENT, LAWS, RULESTHIRD PARTY APPS, OR THIRD PARTY CONTENT WILL MEET ANY REQUIRMENTS OR EXPECTATIONS,OR REGARDING THE SATISFACTION OF, OR COMPLIANCE WITH, ANY GOVERNMENT REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTSTANDARDS.