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