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3.3.3 Purchaser's failure to elect to waive the conditions pursuant to Section 4.1
<br />or Section 4.2 shall be deemed an acknowledgment by Purchaser that Purchaser has
<br />inspected the Property, is thoroughly acquainted with and accepts its condition, and has
<br />reviewed, to the extent necessary, in its discretion, all the Property Information and Seller
<br />shall not be liable or bound in any manner by any oral or written information pertaining
<br />to the Property furnished by Seller, Seller's officers, employees, agents or
<br />representatives.
<br />3.3.4 Upon closing, Purchaser shall assume the risk that adverse physical,
<br />environmental, governmental compliance, geotechnical and other conditions from
<br />whatever source may have been revealed by Purchaser's investigations, and Purchaser,
<br />upon closing, shall be deemed to have waived, relinquished and released Seller, and
<br />Seller's officers, employees, agents and representatives, from and against any and all
<br />claims, demands, causes of action, losses, damages, liabilities, costs and expenses of any
<br />kind or character, know or unknown, which Purchaser might have asserted or alleged
<br />against Seller or Seller's officers, employees, agents and representatives at any time by
<br />reason of or arising out of any latent or patent physical conditions, violations of
<br />applicable laws (including without limitation any Environmental Laws) and any and all
<br />other acts, omissions, events, circumstances or matters regarding the condition of the
<br />Property.
<br />ARTICLE 4.
<br />CONDITIONS PRECEDENT TO PURCHASER'S PERFORMANCE
<br />The obligation of Purchaser to purchase the Property and Seller's right to delivery of the
<br />Deposit is subject to the satisfaction of the following conditions precedent in this Article 4 on or
<br />before the expiration of the Examination Period, and if the conditions are not so satisfied, the
<br />unsatisfactory conditions may either be waived by Purchaser in writing designated as a waiver,
<br />or Purchaser may terminate this Agreement in which event Purchaser shall be returned the
<br />Deposit in full from the Title Company and the parties will be released from all obligations
<br />hereunder other than those provisions hereof which expressly contemplate survival of
<br />termination.
<br />4.1 Examination Period. Purchaser shall have until sixty (60) calendar days following
<br />the Effective Date (the "Examination Period "), in which to inspect and evaluate the Property to
<br />determine the suitability of the Property for Purchaser's intended use.
<br />4.1.1 At any and all times during the term of this Agreement, Purchaser and
<br />Purchaser's representatives, agents, consultants and designees shall have the right to enter
<br />upon the Property, at Purchaser's own cost, for any purpose in connection with its
<br />proposed purchase, development or operation of the Property, including, without
<br />limitation, the right to make such inspections, investigations and tests as Purchaser may
<br />elect to make or obtain. In the event Purchaser does not close on the purchase of the
<br />Property pursuant to this Agreement, then Purchaser shall promptly restore the Property
<br />to the condition existing prior to performing any tests or activities on the Property, by
<br />Purchaser or at Purchaser's instance or request. Purchaser shall exercise care not to
<br />damage trees, curb or landscaping on the Property prior to Closing. Purchaser shall pay
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