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acknowledges that the Property may be subject to the federal Americans With Disabilities Act (the "ADA ") and
<br />the federal Fair Housing Act (the "FHA "). The ADA requires, among other matters, that tenants and/or owners
<br />of "public accommodations" remove barriers in order to make the Property accessible to disabled persons and
<br />provide auxiliary aids and services for hearing, vision or speech impaired persons. Seller makes no warranty,
<br />representation or guarantee of any type or kind with respect to the Property's compliance with the ADA or the
<br />FHA (or any similar state or local law), and Seller expressly disclaims any such representation. Buyer
<br />acknowledges that it is solely responsible for determining whether the Property complies with the ADA and the
<br />FHA. The provisions of this paragraph shall survive indefinitely the Closing or earlier termination of this
<br />Agreement and shall not be merged into the Deed or other closing documents.
<br />The foregoing representations shall be true as of the date hereof and as of the date of the Closing and
<br />shall survive for a period of six (6) months from and after the date of Closing.
<br />5.4 Buyer's Release of Seller.
<br />5.4.1 Seller Released From Liability. Buyer and anyone claiming by, through or
<br />under Buyer, hereby waives its right to recover from and fully and irrevocably releases Seller and its
<br />employees, officers, directors, representatives, agents, servants, attorneys, affiliates, parent, subsidiaries,
<br />successors and assigns, and all persons, firms, corporations and organizations in its behalf ( "Released Parties ")
<br />from any and all claims, responsibility and/or liability that it may now have or hereafter acquire against any of
<br />the Released Parties for any costs, loss, liability, damage, expenses, demand, action or cause of action arising
<br />from or related to (i) the condition (including any construction defects, errors, omissions or other conditions,
<br />latent or otherwise, and the presence in the soil, air, structures and surface and subsurface waters of materials or
<br />substances that have been or may in the future be determined to be hazardous substances or otherwise toxic,
<br />hazardous, undesirable or subject to regulation and that may need to be specially treated, handled and/or
<br />removed from the Property under current or future federal, state and local laws regulations or guidelines),
<br />valuation, salability or utility of the Property, or its suitability for any purpose whatsoever, and (ii) any
<br />information furnished by the Released Parties under or in connection with this Agreement. This release
<br />includes claims of which Buyer is presently unaware or which Buyer does not presently suspect to exist which,
<br />if known by Buyer, would materially affect Buyer's release to Seller. This release shall not apply to Seller's
<br />representations and performance obligations expressly set forth in this Agreement.
<br />In this connection and to the extent permitted by law, Buyer hereby agrees, represents and warrants that Buyer
<br />realizes and acknowledges that factual matters now unknown to it may have given or may hereafter give rise to
<br />causes of action, claims, demands, debts, controversies, damages, costs, losses and expenses which are
<br />presently unknown, unanticipated and unsuspected, and Buyer further agrees, represents and warrants that the
<br />waivers and releases herein have been negotiated and agreed upon in light of that realization and that Buyer
<br />nevertheless hereby releases, discharges and acquits Seller from any such unknown causes of action, claims,
<br />demands, debts, controversies, damages, costs, losses and expenses. Seller has given Buyer material
<br />concessions regarding this transaction in exchange for Buyer agreeing to the provisions of this Section 5.4.
<br />Seller and Buyer have each initialed this Section 5.4 to further indicate their awareness and acceptance of each
<br />and every provision hereof.
<br />SELLER'S I S
<br />5.5 Interim Covenants of Seller.
<br />BUYER'S INITIALS
<br />5.5.1 From the Effective Date through the Closing Date, Seller shall maintain the
<br />Property in the same manner as it has maintained the Property prior to the date hereof pursuant to its normal
<br />course of business, subject to reasonable wear and tear and further subject to destruction by casualty or other
<br />events beyond the control of Seller.
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<br />2013 08 20 CTC land purchase 04 agreement FINAL.doc
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