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adverse physical and environmental conditions may not have been revealed by its
<br />investigation.
<br />
<br />4.2.
<br />
<br />"FROM AND AFTER CLOSING, TO THE MAXI31IYM EXTENT PERMITTED BY
<br />TEXAS LAW, BUYER WILL RELEASE SELLER AND INDEMNIFY, DEFEND
<br />AND SAVE HARMLESS" SELLER, AND, ITS AFFILIATES, THEIR EMPLOYEES,
<br />AGENTS, OFFICERS, SUCCESSORS AND ASSIGNS, FROM AND AGAINST ANY
<br />AND ALL SUITS, ACTIONS, CAUSES OF ACTION, LEGAL OR
<br />ADMINISTRATIVE PROCEEDINGS, CLAIMS, DEMANDS, FINES, PUNITIVE
<br />DAMAGES, LOSSES, COSTS, LIABILITIES AND EXPENSES, INCLUDING
<br />ATTORNEYS' FEES, IN ANY WAY ARISING OUT OF OR CONNECTED WITH
<br />THE KNOWN OR UNKNOWN CONDITION OF THE PROPERTY (INCLUDING,
<br />WITHOUT LIMITATION, ANY CONTAMINATION IN, ON, UNDER OR
<br />ADJACENT TO THE PROPERTY BY ANY HAZARDOUS OR TOXIC SUBSTANCE
<br />OR MATERIAL), OR ANY FEDERAL, STATE OR LOCAL LAW, ORDINANCE,
<br />RULE OR REGULATION APPLICABLE THERETO, INCLUDING, WITHOUT
<br />LIMITATION, THE TOXIC SUBSTANCES CONTROL ACT, THE
<br />COMPREHENSIVE ENVIRON1V[ENTAL RESPONSE, COMPENSATION AND
<br />LIABILITY ACT, AND THE RESOURCE CONSERVATION AND RECOVERY
<br />ACT. THE FOREGOING WILL APPLY REGARDLESS OF ANY NEGLIGENCE
<br />OR STRICT LIABILITY OF SELLER, ITS AFFILIATES, OR THEIR
<br />EMPLOYEES, AGENTS OR OFFICERS.
<br />
<br />4.3.
<br />
<br />The provisions of this Section 4 will survive the delivery of the deed and will bind and inure
<br />to the benefit of the parties hereto, their heirs, successors and assigns.
<br />
<br />5. Escrow, Title Insurance and Abstract of Title:
<br />
<br />5.1.
<br />
<br />Seller will not furnish title insurance or an abstract of title to the Property. Buyer may, at its
<br />sole option and expense, obtain a preliminary title report ("PTR') in order to revie,v the status
<br />of title to the Property during the Feasibility Review Period. If Buyer obtains a PTR, a copy
<br />will be delivered to Seller. Seller has no obligation to cure any title defects or to assist Buyer
<br />in obtaining title insurance.
<br />
<br />5.2.
<br />
<br />If Buyer desires title insurance, Buyer shall pay the cost of any title insurance and any
<br />endorsements or changes to the title policy desired by Buyer. If an escrow is used, Buyer
<br />shall pay any and all fees relating to the escrow, including, but not limited to, any City and/or
<br />County Transfer Taxes and recording fees.
<br />
<br />6. Form of Deed; Reservations:
<br />
<br />6.1.
<br />
<br />At Closing, Seller will transfer Seller's interest in the Property to Buyer by Deed Without
<br />Warrant, subject to all outstanding rights, whether or not of record.
<br />
<br />6.2.
<br />
<br />Seller will reserve from the transfer all minerals and mineral rights without right of surface
<br />entry.
<br />
<br />
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