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2. Condition of the Property. <br />a. City agrees that City has: <br />(i) made an independent investigation of the physical condition of the <br />Property including but not limited to the condition of the soil, the presence of <br />hazardous materials or contaminants, other physical characteristics, and <br />compliance with any statutes, ordinances or regulations; <br />(ii) studied all aspects or circumstances of the Property which City deems <br />material or relevant. <br />(iii) requested and received from TPL all other documents and materials <br />which City deems material or relevant with respect to the transaction <br />contemplated under this Agreement; <br />(iv) had full, complete and satisfactory access to the Property, and all <br />records relating to the same which City has requested and/or deemed material or <br />relevant; and <br />(v) had the opportunity to make all inspections and verifications which <br />City deemed necessary for the completion of City's due diligence review for the <br />transactions covered by this Agreement. <br />b. City agrees that: <br />(i) TPL has made no representations or warranties with respect to the <br />Property except as set forth in this Agreement; <br />(ii) TPL shall not be responsible for any statements, representations or <br />warranties of any kind furnished to City by any real estate broker or any other <br />person, unless the same are specifically set forth in this Agreement; <br />(iii) no materials, brochures, or documents delivered by TPL to City or <br />any other person shall be, or be deemed, a representation, warranty, or agreement <br />of TPL under, or with respect to, this Agreement; and City has, and shall have, the <br />exclusive responsibility for verifying any facts or conditions set forth or described <br />in any such materials, brochures, or documents; and <br />(iv) City has not undertaken any activity and will not undertake any <br />activity which will jeopardize TPL's efforts to acquire the Property. The parties <br />agree that any activity undertaken by City as required by law is not an activity that <br />would be construed to jeopardize TPL's acquisition effort. <br />Agrmt of Sale City of San Marcos_Wildenthal Phase 2 <br />(3-46-17).doc <br />