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insurance company licensed in the State of Colorado. All such diligence and investigations
<br /> shall be performed at Purchaser's and the Purchaser Agents' sole risk. and Purchaser shall he
<br /> responsible for any and all damages caused to the Property and any and all liens, losses, costs
<br /> or expenses incurred by Seller that arise from or are otherwise in any way related to Purchaser
<br /> and the Purchaser Agents'entry upon the Property and completion of such diligence and
<br /> investigation,and the Deposit shall be available to Seller to cover any such damages, liens.
<br /> losses,costs or expenses caused by Purchaser or the Purchaser Agents, provided, however.
<br /> that Purchaser shall remain liable for all such damages, liens, losses, costs or expenses that
<br /> exceed the amount of the Deposit. All such diligence and inspections shall be performed by
<br /> Purchaser and the Purchaser Agents at Purchaser's sole cost and expense and in a lien free
<br /> manner, and Purchaser shall assure that the results of all such diligence and inspections are
<br /> kept confidential. Purchaser further agrees to use such information solely for the purpose of
<br /> evaluating the possible acquisition of the Property; provided,however.that such information
<br /> may be disclosed to such persons or entities who, because of their involvement with the
<br /> proposed transaction, need to know such information for the purpose of giving advise with
<br /> respect to, or consummating,the proposed transaction. Purchaser shall notify Seller upon the
<br /> completion of such diligence and inspections and deliver copies of all reports and results to
<br /> Seller upon completion of such diligence and inspections. In the event Purchaser does not
<br /> close on the purchase of the Property, Purchaser shall repair any damage to the Property
<br /> caused by such diligence and inspections, which obligation shall survive the expiration or
<br /> earlier termination of this Agreement.
<br /> Purchaser is solely responsible for making such diligence and inspections concerning
<br /> the physical condition of the Property as it deems necessary and appropriate,and Purchaser
<br /> shall rely entirely on its own investigations concerning such matters. Except for the express
<br /> representations, warranties and covenants of Seller set forth in this Agreement or in any
<br /> documents or instruments executed by Seller and delivered to Purchaser as of Closing,
<br /> Purchaser hereby expressly agrees that Seller has made no representations or warranties
<br /> whatsoever, express or implied.concerning the physical condition of the Property,the
<br /> suitability of the Property for any particular use, or any other aspect of the Property, and
<br /> Purchaser is purchasing the Property "AS IS WITH ALL FAUL,'I'S" at the time of Closing.
<br /> Except for the express representations, warranties and covenants of Seller set forth in this
<br /> Agreement or in any documents or instruments executed by Seller and delivered to Purchaser
<br /> as of Closing, as of the Closing Date Purchaser hereby waives and relinquishes forever any
<br /> and all claims it may have relating to the physical condition of the Property, the suitability of
<br /> the Property for any particular use,or any other aspect of the Property. Purchaser hereby
<br /> protects, defends, indemnifies and holds Seller harmless from and against any and all costs,
<br /> demands, claims, liens,damages. losses, liabilities and causes of action which may be asserted
<br /> against Seller or the Property by Purchaser or the Purchaser Agents,or by any other third
<br /> party, arising from or otherwise in any way associated with Purchaser's or the Purchaser
<br /> Agents' entry upon or diligence and inspections with respect to the Property, provided that
<br /> such indemnification and hold harmless shall not apply to claims arising out of the negligent.
<br /> willful or wanton conduct of Seller.
<br /> 7. ELECTION AT THE END OF THE INSPECTION PERIOD. During the
<br /> Inspection Period and prior to Closing, Purchaser may review all documents or information
<br /> described herein or pertaining to the Property. and make the above-described physical and
<br /> environmental inspections, applications. reviews, studies,appraisals, evaluations or surveys
<br /> required to satisfy itself as to the acceptability and suitability of the Property for purchase
<br /> ("Condition of Property"). Should Purchaser, for any reason or no reason and in its sole
<br /> discretion, be dissatisfied that the Condition of Property is acceptable or suitable. Purchaser
<br /> ('sale(ancrctc/(onliact 2a
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