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Agreement to Buyer, the requirement for Senior Management Approval shall be deemed
<br />satisfied.
<br />12.16 Limitation on Liability. Buyer expressly agrees that the obligations and liabilities of
<br />Seller under this Agreement and any document referenced herein shall not constitute personal
<br />obligations of the officers, directors, employees, agents, trustees, partners, members,
<br />representatives, stockholders or other principals and representatives of Seller. Notwithstanding
<br />anything to the contrary, Seller's liability, if any, arising in connection with this Agreement or
<br />with the Property shall be limited to Seller's linterest in the Property for the recovery of any
<br />judgment against Seller, and Seller shall not! be personally liable for any such judgment or
<br />deficiency after execution thereon. The limitations of liability contained in this paragraph shall
<br />apply equally and inure to the benefit of Selle'r's present and future officers, directors, trustees,
<br />shareholders, agents and employees, and their respective heirs, successors and assigns.
<br />12.17 Mold Disclosure. Mold and/or other microscopic organisms can be found almost
<br />anywhere. They occur naturally in the environme.nt and can grow on virtually any organic
<br />substance as long as moisture and oxygen are present. Mold and/or other microscopic organisms
<br />may cause property damage and/or health problems. Buyer acknowledges and agrees that Seller
<br />shall not be responsible for any damages, liabilities, claims or losses arising out of or relating to
<br />mold and/or other microscopic organisms at the Property including but not limited to property
<br />damages, personal injury, adverse health effects, loss of income, emotional distress, death, loss
<br />of use or loss of value and Buyer hereby 'releases Seller from the same. Buyer hereby
<br />acknowledges that it has read and understood this disclosure and release and agrees to the
<br />provisions contained herein. The provisions of this Section shall survive the Closing or
<br />termination of this Agreement.
<br />12,18 Prohibited Persons. Neither Buyer nor any of its respective officers, directors,
<br />shareholders, partners, members or affiliates (including without limitation indirect holders of
<br />equity interests in Buyer) is or will be an entity or person (i) that is listed in the Annex to, or is
<br />otherwise subject to the provisions of Executive Order 13224 issued on September 24, 2001
<br />("E013224"), (ii) whose name appears on the United States Treasury Department's Office of
<br />Foreign Assets Control ("OFAC") most current list of "Specifically Designated National and
<br />Blocked Persons" (which list may be published from time to time in various mediums
<br />including, but not limited to, the OFAC website,
<br />http://www.treas.gov/offices/enforcement/ofac/sdn/tllsdn.pdf), (iii) who commits, threatens to
<br />commit or supports "terrorism," as that term is defined in E013224, (iv) is subject to sanctions
<br />of the United States government or is in violation of any federal, state, municipal or local laws,
<br />statutes, codes, ordinances, orders, decrees, rules or regulations relating to terrorismor money
<br />laundering, including, without limitation, E013224 and the Uniting and Strengthening America
<br />by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, or (v)
<br />who is otherwise affiliated with any entity or person listed above (any and all parties described in
<br />clauses (i) — (v) above are herein referred to as a "Prohibited Person"). Buyer covenants and
<br />agrees that neither Buyer nor any of its respective officers, directors, shareholders, partners,
<br />members or affiliates (including without limitation indirect holders of equity interests in Buyer)
<br />shall (aa) conduct any business, nor engage in any transaction or dealing, with any Prohibited
<br />Person, including, but not limited to, the making or receiving of any contribution of funds,
<br />MTAMI 2957652.8 79037/33274
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