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• 7.2 Purchaser's Representations. Purchaser represents, warrants and agrees as
<br />follows:
<br />(a) Purchaser has the lawful right, power, authority and capacity to purchase the
<br />Property in accordance with the terms, provisions and conditions of this
<br />Agreement.
<br />(b) There are no actions, suits or proceedings pending against, by or affecting
<br />Purchaser which question the validity or enforceability of this Agreement or of
<br />any action taken by Purchaser under this Agreement, in any court or before any
<br />governmental authority, domestic or foreign.
<br />Section 7.3. Disclaimer. OTHER THAN TO THE EXTENT OF THE
<br />EXPRESS REPRESENTATIONS SET FORTH IN THIS AGREEMENT OR N
<br />THE DOCUMENTS EXECUTED AND DELIVERED TO PURCHASER BY
<br />SELLER AT CLOSING (HEREIN CALLED THE `EXPRESS
<br />REPRESENTATIONS"), SELLER DOES NOT, BY THE EXECUTION AND
<br />DELIVERY OF THIS AGREEMENT, AND SELLER SHALL NOT, BY THE
<br />EXECUTION AND DELIVERY OF ANY DOCUMENT OR INSTRUMENT
<br />EXECUTED AND DELIVERED N CONNECTION WITH CLOSING, MAKE
<br />ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF
<br />ANY KIND OR NATURE WHATSOEVER, WITH RESPECT TO THE
<br />PROPERTY, AND ALL SUCH REPRESENTATIONS AND WARRANTIES
<br />•
<br />ARE HEREBY DISCLAIMED, WITHOUT LIMITING THE GENERALITY OF
<br />THE FOREGOING, OTHER THAN TO THE EXTENT OF THE EXPRESS
<br />REPRESENTATIONS, SELLER MAKES, AND SHALL MAKE, NO
<br />EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY AS TO
<br />MATTERS OF TITLE, ZONING, TAX CONSEQUENCES, PHYSICAL OR
<br />ENVIRONMENTAL CONDITION (INCLUDING, WITHOUT LIMITATION,
<br />LAWS, RULES, REGULATIONS, ORDERS AND REQUIREMENTS
<br />PERTAINING TO THE USE, HANDLING, GENERATION, TREATMENT,
<br />STORAGE OR DISPOSAL OF ANY TOXIC OR HAZARDOUS WASTE OR
<br />TOXIC, HAZARDOUS OR REGULATED SUBSTANCE), VALUATION,
<br />GOVERNMENTAL APPROVALS, GOVERNMENTAL REGULATIONS OR
<br />ANY OTHER MATTER OR THING RELATING TO OR AFFECTING THE
<br />PROPERTY (HEREINAFTER COLLECTIVELY CALLED THE
<br />"DISCLAIMED MATTERS"), PURCHASER AGREES THAT, OTHER THAN
<br />TO THE EXTENT OF THE EXPRESS REPRESENTATIONS, WITH
<br />RESPECT TO THE PROPERTY, (A) PURCHASER HAS NOT RELIED UPON
<br />AND WILL NOT RELY UPON, EITHER DIRECTLY OR INDIRECTLY, ANY
<br />REPRESENTATION OR WARRANTY OF SELLER, (B) WILL CONDUCT
<br />SUCH INSPECTIONS AND INVESTIGATIONS OF THE PROPERTY
<br />(INCLUDING, BUT NOT LIMITED TO, THE PHYSICAL AND
<br />ENVIRONMENTAL CONDITION THEREOF) AND RELY UPON SAME
<br />AND, (C) UPON CLOSING, SHALL ASSUME THE RISK THAT ADVERSE
<br />MATTERS, INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMED
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<br />MATTERS, MAY NOT HAVE BEEN REVEALED BY PURCHASER'S
<br />
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