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herein, the failure of a party to assert any of its rights under this Agreement or otherwise shall <br />not constitute a waiver of such rights. A waiver by a party shall not invalidate this Agreement, <br />nor shall such waiver be construed as a waiver of any other covenant, condition, representation, <br />or warranty. A waiver by a party of the time for performing any act shall not constitute a waiver <br />of time for performing any other act or the time for performing an identical act required to be <br />performed at a later time. <br />34. NO MERGER. The statements, representations, and warranties set forth in this <br />Agreement shall not survive the Closing, except where specifically provided to the contrary. <br />35. BROKERS. Seller hereby acknowledges, represents, and warrants to Buyer that no <br />broker or finder has been employed by Seller. Buyer hereby acknowledges, represents, and <br />warrants to Seller that no broker or finder has been employed by Buyer or, if Buyer has so <br />employed any broker or finder in connection with this Agreement or the transaction <br />contemplated hereunder, Buyer shall be responsible for and pay all commissions that are payable <br />to any broker or finder in connection with this Agreement or the transaction contemplated herein, <br />and Buyer hereby agrees to indemnify, defend, save, and hold Seller harmless from and against <br />the payment of any commissions or fees or claims for commissions or fees due to Buyer <br />becoming liable for or incurring such commissions or fees; it being expressly agreed that the <br />foregoing agreement of indemnification shall survive any Closing under this Agreement. <br />36. DISCLOSURES. Radon Gas: Radon is a naturally occurring radioactive gas that, when <br />it has accumulated in a building in sufficient quantities, may present health risks to persons <br />who'are exposed to it over time. Levels of radon that exceed federal and state guidelines have <br />been found in buildings in Florida. Additional information regarding radon and radon testing <br />may be obtained from your county public health unit. <br />37. AS IS. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, THE <br />SALE OF THE PROPERTY HEREUNDER IS AND WILL BE MADE AND ACCEPTED BY <br />BUYER ON AN "AS IS", "WHERE IS", AND "WITH ALL FAULTS" BASIS, <br />WITHOUT REPRESENTATIONS AND WARRANTIES OF ANY KIND OR NATURE, <br />EXPRESS, IMPLIED OR OTHERWISE, INCLUDING ANY REPRESENTATION OR <br />WARRANTY CONCERNING THE PHYSICAL CONDITION OF THE PROPERTY <br />(INCLUDING THE CONDITION OF TI4E SOIL, AIR, WATER, OR THE <br />IMPROVEMENTS OR FIXTURES), THE ENVIRONMENTAL CONDITION OF THE <br />PROPERTY (OR ANY PORTION THEREOF) INCLUDING THE PRESENCE OR ABSENCE <br />OF HAZARDOUS SUBSTANCES ON OR AFFECTING THE PROPERTY (OR ANY <br />PORTION THEREOF), THE COMPLIANCE OF THE PROPERTY (OR ANY PORTION <br />THEREOF) WITH APPLICABLE LAWS AND REGULATIONS (INCLUDING ZONING <br />AND BUILDING CODES OR THE STATUS OF DEVELOPMENT OR USE RIGHTS <br />RESPECTING THE PROPERTY), THE FINANCIAL CONDITION OF THE PROPERTY <br />(OR ANY PORTION THEREOF) OR ANY OTHER REPRESENTATION OR <br />WARRANTY RESPECTING ANY INCOME, EXPENSES, CHARGES, LIENS OR <br />ENCUMBRANCES, RIGHTS OR CLAIMS ON, AFFECTING OR PERTAINING TO THE <br />PROPERTY OR ANY PART THEREOF. BUYER ACKNOWLEDGES THAT BUYER, <br />PRIOR TO THE EXECUTION DATE OF THIS AGREEMENT HAS HAD THE <br />OPPORTUNITY TO REVIEW AND INSPECT ALL MATTERS WHICH IN BUYER'S <br />,�/�I Page 12 of 15 <br />