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evaluated by the City according to its tax abatement program, notwithstanding the effect of the Circuit Breaker Tax Credit set forth in Ind. Code. 6 -1.1 -20.6. (e) Developer shall have received reasonable assurance that covered parking may be located on the Support Parcel and be satisfied, in its reasonable discretion (i) with the title to the LaSalle Property, terms and provisions of any Restrictions and any further due diligence regarding the LaSalle Property; and (ii) that certain building features of the LaSalle Property, including those listed on Exhibit D -2, will be considered grandfathered or otherwise approved by the state and local building departments as compliant under the Indiana building code. (f) The Commission shall have delivered to Developer copies of documents in Commission's possession, if any, which pertain to restrictive covenants, surveys, environmental reports and title documentation (including copies of exception documents, if any) related to the LaSalle Property. (g) As of the Closing, Developer shall have obtained or determined that it shall be able to obtain all required building permits for the Project. (h) The Parties shall have agreed to the form of lease referenced in Section 5.3(b) to be entered into upon substantial completion of the Project. 3.5 Grant of Easement. At the Closing, Developer shall grant to the Commission a temporary non - exclusive easement on, in, over and across the LaSalle Property to permit the Commission to fulfill its obligations under this Agreement, including, but not limited to the construction, equipping and delivery of the Local Public Improvements (the "Easement ") in such form as mutually agreed to between the Parties. The Easement shall (a) run with and burden the LaSalle Property; (b) inure to the benefit of the Commission and its contractors acting on behalf of the Commission in connection with the construction, equipping and completion of the Local Public Improvements; (c) bind the Developer (as owner of the LaSalle Property) and its grantees, successors and assigns; and (d) terminate upon completion of the Local Public Improvements. 3.6 As Is Transaction. Except as expressly provided herein, Commission is not making and has not at any time made any warranties or representations of any kind or character, express or implied, with respect to the LaSalle Property, including, but not limited to, any warranties or representations as to habitability, merchantability, fitness for a particular purpose, title (other than Commission's limited warranty of title to be set forth in the deed), zoning, tax consequences, physical or environmental condition, operating history or projections, valuation, governmental approvals, governmental regulations, the truth, accuracy or completeness of the items or any other information provided by or on behalf of Commission to Developer or any other matter or thing regarding the LaSalle Property. Upon Closing, Commission shall sell and convey to Developer, and Developer shall accept the LaSalle Property "as is, where is, with all faults." Developer has not relied upon and will not rely upon either directly or indirectly, any representation or warranty of Commission with respect to the LaSalle Property except as otherwise expressly provided herein. Developer will conduct such investigations of the LaSalle Property, including but not limited to, the physical and environmental conditions thereof, as Developer deems necessary to satisfy itself as to the condition of the LaSalle Property and will -5- dms.us.52637413.08