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21. Condition of Property: BUYER ACKNOWLEDGES THAT EXCEPT AS OTHERWISE EXPRESSLY
<br />PROVIDED IN THIS AGREEMENT: (A) PRIOR TO THE CLOSING, BUYER SHALL HAVE HAD AN OPPORTUNITY TO
<br />MAKE ALL INSPECTIONS OF THE PROPERTY AS DESIRED BY BUYER, AND BUYER SHALL HAVE INSPECTED THE
<br />PROPERTY AND ACCEPTS IT "AS IS" IN ITS CURRENT CONDITION WITHOUT WARRANTY NOT
<br />OTHERWISE SET FORTH HEREIN; (B) BUYER IS AWARE OF THE PRESENT PHYSICAL CONDITION OF
<br />THE PROPERTY; AND (C) BUYER FURTHER ACKNOWLEDGES THAT (EXCEPT AS OTHERWISE
<br />PROVIDED IN THIS AGREEMENT) THE PROPERTY IS BEING PURCHASED IN ITS PRESENT PHYSICAL
<br />CONDITION AND THAT THERE HAVE BEEN NO REPRESENTATIONS, WARRANTIES OR STATEMENTS
<br />MADE CONCERNING THE CONDITION OF THE PROPERTY (INCLUDING, WITHOUT LIMITATION, ANY
<br />REPRESENTATION, WARRANTY OR STATEMENT CONCERNING TIC ENVIRONMENTAL CONDITION OF
<br />THE PROPERTY) OTHER THAN THOSE CONTAINED HEREIN, AND THAT BUYER HAS NOT RELIED ON
<br />ANY OTHER REPRESENTATIONS, WARRANTIES OR STATEMENTS. ANY REPRESENTATIONS,
<br />WARRANTIES, PROMISES OR STATEMENTS BY ANY BROKER, AGENT OR EMPLOYEE OF SELLER OR
<br />ANY OTHER PERSON THAT DIFFERS IN ANY RESPECT FROM THE TERMS AND CONDITIONS OF THIS
<br />AGREEMENT SHALL BE GIVEN NO FORCE AND EFFECT. SUBJECT TO AND EXCEPTING FOR SELLER'S
<br />REPRESENTATIONS, WARRANTIES AND COVENANTS AS SPECIFICALLY SET FORTH IN THIS
<br />AGREEMENT, BUYER WAIVES AND RELEASES SELLER FROM ALL CLAIMS AGAINST SELLER ARISING
<br />OUT OF THE CONDITION OF THE PROPERTY. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, THE
<br />PROPERTY IS BEING SOLD AS IS, WHERE IS AND WITH ALL FAULTS. THIS SECTION SHALL SURVIVE
<br />CLOSING AND THE RECORDING OF THE DEED FOR RECORD.
<br />Buyer acknowledges that the Outline of Project depicted on Exhibit "B" (the "Outline of Project") generally
<br />depicts access and egress onto and through the Property. Buyer agrees that it shall, at its sole cost and expense, build,
<br />construct and erect all roadways, sidewalks, access drives, traffic signals, signs and infrastructure necessary to comply
<br />with the general parameters set forth in Outline of Project as to and upon the Property, including but not limited to,
<br />landscaping, civic green space and grading, as required and necessary. Buyer acknowledges that Seller shall have no
<br />responsibility or liability for construction of any of the improvements enumerated in this Section or in the Outline of
<br />Project except as otherwise specifically provided in this Agreement.
<br />Buyer, on behalf of itself and all future owners and occupants of the Property, hereby waives and releases Seller
<br />from any claims for recovery of costs associated with conduct of any voluntary action or any remedial responses,
<br />corrective action or closure under any applicable federal, state or local environmental laws ("Environmental Laws"). For
<br />purposes of this Agreement, the term "Environmental Laws" shall include, without limitation, the Comprehensive
<br />Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. § 9601 et seq. and the Resource
<br />Conservation and Recovery Act ("RCRA"), 42 U.S.C. § 6901 et seq. as amended from time to time; and any similar
<br />federal, state and local laws and ordinances and the regulations and rules implementing such statutes, laws and
<br />ordinances. The foregoing waiver and release shall be set forth in the Deed and shall be binding upon all future owners
<br />and occupants of the Property.
<br />22. Entire Agreement; Survival: There are no covenants, representations, warranties, agreements or
<br />conditions, either express or implied, which in any way affect, form a part of, or relate to this Agreement except for the
<br />Terms hereof. This Agreement constitutes the entire understanding and agreement between Seller and Buyer. All of the
<br />Terms of this Agreement; including, without limitation, Seller's Covenants and Seller's other representations and
<br />warranties, shall survive Closing and the execution, delivery and recordation of the Deed.
<br />23. Covenants of Seller
<br />(a) Between the Effective Date and the Closing Date, Seller agrees that it will:
<br />(i) maintain in full force and effect until the Closing Date casualty insurance policies insuring
<br />the Property in the amounts carried as of the Effective Date;
<br />(ii) at its expense, maintain the Property in its present order and condition, and deliver the
<br />Property on the Closing Date in substantially the same condition it is in on the Effective Date, reasonable wear
<br />and tear and damages by fire and other casualty excepted;
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