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-2- Texas. 4. DISCLAIMER OF WARRANTIES. IT IS UNDERSTOOD AND AGREED THAT THE PROPERTY IS BEING SOLD AND CONVEYED BY THE SELLER, AND PURCHASED AND ACCEPTED BY THE BUYER, WITHOUT REPRESENTATIONS OR WARRANTIES AS TO THE CONDITION, MERCHANTABILITY, DEVELOPABILlTY, FITNESS OR USABILITY OF THE PROPERTY FOR A PARTICULAR PURPOSE; AND WILL BE CONVEYED AND ACCEPTED "AS IS, WHERE IS, WITH ALL FAULTS, IN ITS EXISTING FORM, STATE AND CONDITION," WITHOUT RECOURSE AGAINST THE SELLER, EXCEPT FOR THE WARRANTY OF TITLE CONTAINED IN THE WARRANTY DEED. THE SELLER IS NOT MAKING AND SPECIFICALLY DISCLAIMS ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROPERTY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR REPRESENTATIONS AS TO MATTERS OF ZONING, TAX CONSEQUENCES, PHYSICAL OR ENVIRONMENTAL CONDITIONS, AVAILABILITY OF ACCESS, INGRESS OR EGRESS, OR ANY OTHER MATTER RELATING TO OR AFFECTING THE PROPERTY. IT IS UNDERSTOOD THAT THE BUYER WILL CONDUCT ITS OWN INDEPENDENT DETERMINATION OF THE CONDITION, MERCHANTABILITY, DEVELOPABllITY, FEASIBILITY, FITNESS, ACCEPTABILITY AND USABILITY OF THE PROPERTY FOR THE BUYER'S PURPOSES, AND WILL BE RELYING SOLELY ON THAT DETERMINATION IN ACQUIRING THE PROPERTY. THE TERMS AND CONDITIONS OF THIS PARAGRAPH WILL SURVIVE THE CLOSING. 5. SURVEY AND TITLE COMMITMENT. A. Survey. (a) The Buyer will deliver to the Seller and the Title Company a copy of a current on-the-ground survey (the "Survey") of the Property made by a licensed surveyor in a form acceptable to the Buyer and the Title Company before the expiration of the Review Period, at the Buyer's expense. If the survey exception to the title policy (except as to shortages in area) is to be deleted, the additional expense for the deletion will be paid by the Buyer. The Survey will be a Category 1-A Land Title Survey, as specified by the latest edition of the Manual of Practice for Land Surveying published by the Texas Surveyors Association, will be addressed to the Seller, the Buyer and the Title Company, and will include: (1) the actual boundaries and dimensions of the Property; (2) a metes and bounds description of the Property (unless the Property can be described by reference to a recorded plat);