REPRESENTATIONS AND WARRANTIES AS TO THE REAL PROPERTY. Except (A) as otherwise set forth in the written schedules attached to this Agreement (the "Schedules") which set forth the exceptions to the representations and warranties contained in this Section 10 and certain other information called for by this Agreement (unless otherwise specified, (i) each reference in this Agreement to any numbered schedule is a reference to that numbered schedule which is included in the Schedules and (ii) no disclosure made in any particular numbered schedule of the Schedules shall be deemed made in any other numbered schedule of the Schedules unless expressly made therein (by cross-reference or otherwise)), and (B) as expressly set forth in any document delivered to Acquiror by Contributor or NELPP prior to the Closing, Contributor represents and warrants to Acquiror that the following matters are true and correct as of the Contract Date, in all material respects, and shall be true and correct as of the Closing Date, in all material respects, and further covenants as follows:
REPRESENTATIONS AND WARRANTIES AS TO THE REAL PROPERTY. Except as otherwise set forth in the Exhibits attached to this Agreement which set forth the exceptions to the representations and warranties contained in this Section 10 and certain other information called for by this Agreement, in order to induce UPREIT to enter into this Agreement, Contributors represent and warrant to UPREIT that the following matters are true and correct as of the Contract Date, and shall be true and correct as of the Closing Date, and further covenant as follows, each of which is material and shall survive the Closing, notwithstanding any investigation at any time made by or on behalf of UPREIT:
