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acknowledges and agrees that having been given the opportunity to inspect the Property, Buyer is <br />relying solely on Buyer's own investigation of the Property and not on any information provided or <br />to be provided by Seller other than as is stated in this Contract. Buyer further acknowledges and <br />agrees that any information provided or to be provided by or on behalf of Seller with respect to the <br />Property was obtained from a variety of sources and that Seller has not made any independent <br />investigation or verification of such information and makes no representations as to the accuracy or <br />completeness of such information. Seller is not liable or bound in any manner by any verbal or <br />written statements, representations orinformationpertaining tothe Property, or the operation thereof, <br />furnished by any real estate broker, agent, employee, servant or other person. Buyer further <br />acknowledges and agrees that to the maximum extent permitted by law, the sale of the Property as <br />provided for herein is made on an "AS IS" condition and basis with all faults. Buyer and anyone <br />claiming by, through or under Buyer hereby fully and irrevocably releases Seller, Seller's <br />employees, representatives and agents, from any and all claims that Buyer may now have or <br />hereafter acquire against Seller, Seller's employees, representatives and agents for any cost, loss, <br />liability, damage, expense, demand, action or cause of action arising from or related to any defects, <br />errors, omissions or other conditions, including environmental matters, affecting the Property, or any <br />portion thereof; provided, however, that such release does not apply to breaches ofthe warranty of <br />title or other warranties contained in the warranty deed described in ¶12, nor to a breach of any other <br />representation, covenant or warranties specifically set forth in this Contract. It is understood and <br />agreed that the Purchase Price has been adjusted by prior negotiation to reflect that all the Property <br />is sold by Seller and purchased by Buyer subject to the foregoing. <br />d. Contin eg ncy. This Agreement is expressly contingent upon Buyer receiving <br />the necessary permit(s) and approvals to mine gravel on the subject property. Buyer, at Buyer's sole <br />expense, shall diligently pursue such permit(s) and approvals as expeditiously as is reasonably <br />possible. <br />e. Complete Agreement. This Contract embodies the complete agreement <br />between the parties hereto and cannot be vaned or terminated except by the written agreement ofthe <br />parkies. <br />f. Survival. All representations, warranties and covenants made herein shall <br />survive the closing and conveyance of title hereunder and remain enforceable thereafter. <br />g. Collection Escrow. The promissory note and rental lease payments shall be <br />made through a collection escrow with Escrow Specialists, Inc. The fees for the collection escrow <br />shall be paid one-half by Seller and one-half by Buyer. <br />21. RECOMMENDATION OF LEGAL COUNSEL. By signing this document, <br />Buyer and Seller acknowledge that the Selling Company or the Listing Company has advised that <br />this document has important legal consequences and has recommended the examination of title and <br />consultation with legal and tax or other counsel before signing this contract. <br />K:\LMSCHJO}I\Tipping-2\VACANT-CON.wpd 9 <br />