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PHYSICAL OR FINANCIAL CONDITION OF THE CITY PROPERTY OR ANY PORTION <br /> THEREOF, OR ANY RIGHTS OR CLAIMS ON OR AFFECTING OR PERTAINING TO <br /> THE CITY PROPERTY OR ANY PART THEREOF INCLUDING, WITHOUT LIMITATION, <br /> WHETHER OR NOT THE IMPROVEMENTS COMPLY WITH THE REQUIREMENTS OF <br /> TITLE IIl OF THE AMERICANS WITH DISABILITIES ACT OF 1990, 42 U.S.C. §§ 12181- <br /> 12183, 12186(B)-12189 AND RELATED REGULATIONS; (7) THE PRESENCE OF <br /> HAZARDOUS MATERIALS IN OR ON, UNDER OR IN THE VICINITY OF THE CITY <br /> PROPERTY; (8) ANY BUILDABLE AREAS ON OR THE SQUARE FOOTAGE OF THE <br /> CITY PROPERTY; (9) IMPROVEMENTS AND INFRASTRUCTURE, IF ANY; <br /> (10) DEVELOPMENT RIGHTS AND EXTRACTIONS; (11) WATER OR WATER RIGHTS; <br /> (12) THE DEVELOPMENT POTENTIAL FOR THE PROPERTY; (13) THE ABILITY OF <br /> OM TO REZONE THE PROPERTY, CHANGE THE USE OF THE PROPERTY OR <br /> DEVELOP THE DEVELOPMENT; (14) THE ABILITY OF OM TO ACQUIRE ADJACENT <br /> PROPERTIES; (15) THE EXISTENCE AND POSSIBLE LOCATION OF ANY <br /> UNDERGROUND UTILITIES; (16) THE EXISTENCE AND POSSIBLE LOCATION OF <br /> ANY ENCROACHMENTS; (17) WHETHER THE IMPROVEMENTS WERE BUILT, IN <br /> WHOLE OR IN PART, IN COMPLIANCE WITH APPLICABLE BUILDING CODES OR <br /> OTHER LAWS OR WITH THE PLANS; (18) THE CHARACTER OF THE <br /> NEIGHBORHOOD IN WHICH THE PROPERTY IS SITUATED; (19) THE CONDITION OR <br /> USE OF THE PROPERTY OR COMPLIANCE OF THE PROPERTY OR THE <br /> DEVELOPMENT WITH ANY OR ALL PAST, PRESENT OR FUTURE FEDERAL, STATE <br /> OR LOCAL ORDINANCES, RULES, REGULATIONS OR LAWS, BUILDING, FIRE OR <br /> ZONING ORDINANCES, CODES OR OTHER SIMILAR LAWS; AND (OR) (20) THE <br /> MERCHANTABILITY OF THE CITY PROPERTY OR FITNESS OF THE PROPERTY FOR <br /> ANY PARTICULAR PURPOSE (OM AFFIRMING THAT OM HAS NOT RELIED ON THE <br /> CITY'S SKILL OR JUDGMENT TO SELECT THE PROPERTY FOR ANY PARTICULAR <br /> PURPOSE, AND THAT THE CITY MAKES NO WARRANTY THAT THE CITY <br /> PROPERTY IS FIT FOR ANY PARTICULAR PURPOSE). WITH LIMITING ANY OF THE <br /> REMEDIES EXPRESSLY GRANTED TO OM HEREIN, OM ACKNOWLEDGES AND <br /> AGREES THAT OM IS OBLIGATED TO AND SHALL CONDUCT ITS OWN <br /> INVESTIGATIONS AND STUDIES OF THE CITY PROPERTY AND THE <br /> DEVELOPMENT, AND ALL ASPECTS OF THE CITY PROPERTY AND THE <br /> DEVELOPMENT, INCLUDING, WITHOUT LIMITATION, THE CITY PROPERTY'S <br /> CHARACTERISTICS, ITS PHYSICAL CONDITION (INCLUDING ANY PATENT OR <br /> LATENT DEFECTS THEREIN), ALL LEGAL REQUIREMENTS APPLICABLE THERETO, <br /> THE OPERATION AND USE THEREOF, THE ENVIRONMENTAL CONDITION OF THE <br /> CITY PROPERTY AND ALL MATTERS DESCRIBED IN THE PRECEDING SENTENCE. <br /> OM, BY ITS PAYMENT OF THE PURCHASE PRICE AND ACQUISITION OF THE CITY <br /> PROPERTY, WILL BE DEEMED TO ACKNOWLEDGE THAT OM HAS FULLY <br /> INSPECTED THE CITY PROPERTY, INCLUDING THE IMPROVEMENTS, AND <br /> APPROVED ALL SUCH INVESTIGATIONS AND STUDIES AND THE CITY PROPERTY <br /> AND ALL ASPECTS THEREOF, INCLUDING ALL ITEMS DESCRIBED IN THE <br /> PRECEDING SENTENCES. OM AGREES THAT OM IS ACQUIRING THE PROPERTY IN <br /> ITS PRESENT CONDITION AND STATE OF REPAIR, "AS IS, WHERE IS," WITH ALL <br /> DEFECTS, FAULTS AND LIABILITIES, PATENT OR LATENT, EXCEPT AS MAY <br /> -10- <br /> 06107-0063%LEGAL 13023969.1 <br />