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<br />all rights accruing under applicable statutes of limitation or prescription and all rights of action of <br />warranty against all former owners ofthe Subject Property. Any covenants implied by statute or by <br />the use of the words "grant", "convey", "bargain", "sell", "assign", "transfer", "deliver", or "set <br />over" or any of them or any other words used in this Conveyance, are hereby expressly disclaimed, <br />waived and negated. <br /> <br />(b) Grantee agrees that the disclaimers contained in this section are "conspicuous" <br />disclaimers. The Subject Property is conveyed to Grantee without recourse, covenant or warranty <br />of any kind, express, implied or statutory, except as may be expressly provided for herein. <br />WITHOUT LIMITING THE OTHER EXPRESS PROVISIONS HEREOF, GRANTEE <br />SPECIFICALLY AGREES THAT, EXCEPT AS MAY BE EXPRESSLY PROVIDED FOR <br />HEREIN, GRANTOR IS CONVEYING AND TRANSFERRING THE SUBJECT PROPERTY <br />"AS-IS" AND, EXCEPT AS EXPRESSL Y SET FORTH HEREIN, WITHOUT <br />REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY <br />(ALL OF WHICH GRANTOR HEREBY DISCLAIMS), AS TO (i) TITLE, (ii) FITNESS FOR <br />ANY P ARTICULAR PURPOSE OR MERCHANTABILITY OR DESIGN OR QUALITY, OR (iii) <br />ANY OTHERMA TTER WHATSOEVER. THE PROVISIONS OF THIS SECTION HA VE BEEN <br />NEGOTIATED BY GRANTEE AND GRANTOR AFTER DUE CONSIDERATION AND ARE <br />INTENDED TO BE A COMPLETE EXCLUSION AND NEGATION OF ANY <br />REPRESENTATIONS OR WARRANTIES OF GRANTOR, WHETHER EXPRESS, IMPLIED OR <br />STATUTORY, WITH RESPECT TO THE SUBJECT PROPERTY THAT MAY ARISE <br />PURSUANT TO ANY LAW NOW OR HEREAFTER IN EFFECT, OR OTHERWISE, EXCEPT <br />AS EXPRESSLY SET FORTH HEREIN. <br /> <br />2.3 Assumption. <br /> <br />Grantee assumes and agrees to be bound by all of the terms of the Easements. <br /> <br />ARTICLE III <br /> <br />MISCELLANEOUS <br /> <br />3.1 Further Assurances. <br /> <br />Grantor and Grantee agree to take all such further actions and to execute, acknowledge and <br />deliver all such further documents that are necessary or useful in carrying out the purposes of this <br />Conveyance. So long as authorized by applicable law so to do, Grantor agrees to execute, <br />acknowledge and deliver to Grantee all such other additional instruments, notices, affidavits, deeds, <br />conveyances, assignments and other documents and to do all such other and further acts and things <br />as may be necessary or useful to more fully and effectively grant, bargain, assign, convey, transfer <br />and deliver to Grantee the Subject Property conveyed hereby or intended so to be conveyed. <br /> <br />I [OU:590942.3 <br /> <br />-3- <br />