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terminate this Agreement pursuant to the terms hereof, Buyer will purchase the Property in its "AS IS, WHERE-IS WITH ALL FAULTS" condition as such condition exists as of the date of the Settlement Agreement. (c) Disapproval of Property Condition. No later than the expiration of the Due Diligence Period (as such may be extended pursuant to Section 12(a)), Buyer shall notify Seller in writing of Buyer's approval or disapproval of the condition of the Property. Buyer shall only have the right to disapprove if the condition materially and adversely would affect Buyer's ability to develop or to cause the Property to be developed in a manner consistent with the Redevelopment Plan and Buyer's TOD strategy. Buyer's delivery of a due diligence notice disapproving the condition of the Property as permitted herein shall constitute Buyer's election to cancel the escrow and terminate this Agreement, and recover all amounts paid by Buyer to Seller or deposited with the Escrow Agent by ar on behalf of Buyer. Such a termination shall not constitute a waiver by Buyer of any other rights Buyer may have at law or in equity. If Buyer does not timely deliver a Due Diligence Notice, Buyer shall be deemed to have approved the condition of the Property, the condition in this Section 12 shall be deemed satisfied, and Buyer shall be deemed to have waived its right to terminate this Agreement pursuant to this Section 12. If Buyer disapproves of the condition of the Property pursuant to this Section, the Parties may, but are not obligated to, renegotiate the Purchase Price. 13. Studies, Reports and Investigations. Seller shall make available to Buyer not later than one (1) business day following the Effective Date, any and all correspondence with governmental agencies other than Buyer or the City of San Leandro, information, studies, reports, investigations, contracts, leases, rental agreements and other obligations concerning or relating to the Property which are in Seller's possession or which are reasonably available to Seller, including without limitation any CC&Rs affecting the Property, surveys, studies, reports and investigations concerning the Property's physical, environmental or geological condition, habitability, or the presence or absence of Hazardous Materials in, on or under the Property and the compliance by the Property with Environmental Laws (as defined in Exhibit C) ("Property Documents"). The Property Documents do not include any documentation relating to the actions subject to the Settlement Agreement or the permit applications submitted by Seller to Buyer for the Property. Buyer acknowledges that Seller has not made nor makes any warranty or representation regarding the truth, accuracy or completeness of the Property Documents or the source(s) thereof. Buyer further acknowledges that some if not all of the Property Documents were prepared by third parties other than Seller. Seller has not made any independent investigation or verification of such information and it is Buyer's responsibility to verify the accuracy and veracity of the Property Documents. Seller expressly disclaims any and all liability for representations or warranties, express or implied, statements of fact and other matters contained in such information, or for omissions from the Property Documents, or in any other written or oral communications transmitted or made available to Buyer. Seller has not undertaken any independent investigation as to the truth, accuracy or completeness of the Property Documents and is providing the Property Documents or making the same available for Buyers' review solely as an accommodation to Buyer. 1225087-5