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7.3 Attorneys' Fees <br /> . In the event of a dispute between the parties resulting in litigation or arbitration with <br /> respect to the subject matter hereof, the prevailing party, as determined by a court or arbitration, <br /> shall be entitled to a judgment for its costs, including reasonable attorneys' fees, in an amount to <br /> be determined by the court or arbitrator. <br /> 8. Condition of Property <br /> 8.1 Generally <br /> . Purchaser acknowledges that during the Due Diligence Period (defined below) it shall <br /> make such inspection and examination of the Property as it deems necessary. If Purchaser's <br /> Contingencies are satisfied or waived by Purchaser in accordance with Section 10, Purchaser <br /> shall purchase and accept the Property in its condition on the Closing Date,"AS IS". Purchaser <br /> acknowledges that Seller has not made any representations or warranties regarding the Property, <br /> as further provided in Section 16. <br /> 8.2 Covenant Not to Sue <br /> . Purchaser agrees not to initiate any claims against Seller(a) in connection with or as a <br /> result of the presence of any Hazardous Material on, under, or in the Property or(b) otherwise <br /> related to the condition of the Property. "Hazardous Material" shall mean any matter(whether <br /> gaseous, liquid or solid)that is or may be harmful to persons or property, including but not <br /> limited to, petroleum products and by-products, asbestos and any other material now or hereafter <br /> designated as a hazardous substance or material or that is now or hereafter regulated by, any <br /> federal, state or local law pertaining to health, hygiene or the environment. <br /> 8.3 Representations, Warranties and Covenants <br /> . As additional consideration for this sale, Seller represents, warrants and covenants to <br /> Purchaser as follows: <br /> 8.3.1 Undisclosed Knowledge <br /> . Seller has no undisclosed knowledge of any fact that would materially impair the fair <br /> market value of the Property. <br /> 8.3.2 Litigation <br /> . To the best of Seller's knowledge,there is not pending or threatened any litigation or <br /> proceeding affecting the Property or any portion thereof that might materially impair the fair <br /> market value of the Property or would prevent Purchaser from acquiring the Property in <br /> accordance with this Agreement. <br /> 8.3.3 Actions and Defaults <br /> 3 <br /> S:\MSoine\Real Estate\Reservation\PUrcahse&Sale final corrected 11-14-00.doc <br /> Seattle/11.15.00 <br />