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DESCRIBED IN SECTION 7.1.8 OR SECTION 7.2 (CATTLE DIP). EXCEPT AS OTHERWISE <br />EXPRESSLY SET FORTH HEREIN, PURCHASER SHALL RELY SOLELY ON ITS OWN <br />INVESTIGATION OF THE PROPERTY AND NOT ON ANY STATEMENTS, REPRESENTATIONS, <br />WARRANTIES OR INFORMATION MADE OR PROVIDED OR TO BE PROVIDED BY SELLER <br />OR ITS AGENTS OR CONTRACTORS. SELLER SHALL NOT BE LIABLE OR BOUND IN ANY <br />MANNER BY ANY VERBAL OR WRITTEN STATEMENTS, REPRESENTATIONS, <br />WARRANTIES OR INFORMATION PERTAINING TO THE PROPERTY OR THE OPERATION <br />THEREOF, FURNISHED BY ANY PARTY PURPORTING TO ACT ON BEHALF OF SELLER. <br />PURCHASER OR ANYONE CLAIMING BY, THROUGH OR UNDER PURCHASER, HEREBY <br />FULLY AND IRREVOCABLY RELEASES SELLER AND ITS AFFILIATES, AND ITS AGENTS <br />AND REPRESENTATIVES, FROM ANY AND ALL CLAIMS THAT IT MAY NOW HAVE OR <br />HEREAFTER ACQUIRE AGAINST SELLER OR ITS AFFILIATES, OR ITS AGENTS OR <br />REPRESENTATIVES FOR ANY COST, LOSS, LIABILITY, DAMAGE, EXPENSE, ACTION OR <br />CAUSE OF ACTION, WHETHER FORESEEN OR UNFORESEEN, ARISING FROM OR RELATED <br />TO ANY DEFECTS, ERRORS OR OMISSIONS ON OR IN THE PROPERTY, THE PRESENCE OF <br />HAZARDOUS SUBSTANCES, OR ANY OTHER CONDITIONS (WHETHER PATENT, LATENT <br />OR OTHERWISE) AFFECTING THE PROPERTY, EXCEPT FOR CLAIMS AGAINST SELLER <br />BASED UPON ANY OBLIGATIONS AND LIABILITIES OF SELLER EXPRESSLY PROVIDED IN <br />THIS AGREEMENT (SUBJECT TO THE REQUIREMENTS AND LIMITATIONS OF THIS <br />AGREEMENT). PURCHASER FURTHER ACKNOWLEDGES AND AGREES THAT THIS <br />RELEASE SHALL BE GIVEN FULL FORCE AND EFFECT ACCORDING TO EACH OF ITS <br />EXPRESS TERMS AND PROVISIONS, INCLUDING, BUT NOT LIMITED TO, THOSE RELATING <br />TO UNKNOWN AND SUSPECTED CLAIMS, DAMAGES AND CAUSES OF ACTION. AS A <br />MATERIAL COVENANT AND CONDITION OF THIS AGREEMENT, PURCHASER AGREES <br />THAT IN THE EVENT OF ANY SUCH DEFECTS, ERRORS OR OMISSIONS, THE PRESENCE OF <br />HAZARDOUS SUBSTANCES, OR ANY OTHER CONDITIONS AFFECTING THE PROPERTY, <br />PURCHASER SHALL NOT LOOK TO SELLER FOR ANY REDRESS OR RELIEF, EXCEPT FOR <br />CLAIMS AGAINST SELLER BASED UPON ANY OBLIGATIONS AND LIABILITIES OF SELLER <br />EXPRESSLY PROVIDED IN THIS AGREEMENT AS AFORESAID. THIS SECTION 7.10 SHALL <br />SURVIVE THE CLOSING AND THE EXPIRATION OF THIS AGREEMENT, OR, IF THE CLOSING <br />DOES NOT OCCUR, BEYOND THE TERMINATION OR BREACH OF THIS AGREEMENT. <br />8. CLOSING CONDITIONS. <br />8.1. Purchaser's Conditions. <br />Purchaser's obligation to purchase the Property and close the transaction contemplated under this <br />Agreement is subject to the satisfaction, as of the Closing, of each of the following conditions: <br />8.1.1. Purchaser having received the approval contemplated under Article 4 (Approval <br />By Board of Commissioners); <br />8.1.2. Purchaser having received the closing documents described in Section 6.2 (Items <br />to be Executed and Delivered by Seller at Closing) of this Agreement; and <br />8.1.3. There being no uncured material default by Seller in the performance of any of <br />Seller's obligations under this Agreement. <br />8.2. Seller's Conditions. <br />Seller's obligation <br />to sell the <br />Property and close the <br />transaction contemplated under this <br />Agreement is subject <br />to the <br />satisfaction, <br />as of the Closing, of each <br />of the following conditions: <br />January 8. 2008 11 <br />