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BMDV-54329\2647924.2 Put Option Agreement - 8 -
<br />6.3 Disclaimer. Subject to Beam’s Warranties, City/Agency hereby fully and
<br />forever waive, and Beam hereby fully and forever disclaims, all warranties of whatever type or
<br />kind with respect to the Property, whether express, implied or otherwise including, without
<br />limitation, those of fitness for a particular purpose, tenantability, habitability or use.
<br />6.4 “AS-IS” Sale.
<br />City/Agency acknowledge that subject to Beam’s compliance with its obligations under this Put
<br />Option Agreement, as of the Effective Date, City/Agency have had the opportunity to consider
<br />and evaluate, to the extent City/Agency in their respective sole discretion deem necessary,
<br />information provided by or obtained by City/Agency’s consultants, and any other information
<br />about the condition of the Property. City/Agency further acknowledge that they have engaged
<br />all environmental consultants, engineers, and other professionals as City/Agency in their
<br />respective sole discretion deems necessary to evaluate on their own the condition of the Property.
<br />CITY/AGENCY FURTHER ACKNOWLEDGE THAT, WITHOUT LIMITING BEAM’S
<br />LIABILITY FOR BEAM’S WARRANTIES OR BEAM’S INTENTIONAL (AS
<br />OPPOSED TO NEGLIGENT) FRAUD, CITY/AGENCY ACKNOWLEDGE AND
<br />AGREE THAT NEITHER BEAM, NOR ANYONE ACTING FOR OR ON BEHALF OF
<br />BEAM HAS MADE ANY REPRESENTATIONS, WARRANTIES, OR PROMISES TO
<br />CITY/AGENCY, OR TO ANYONE ACTING FOR OR ON BEHALF OF
<br />CITY/AGENCY, CONCERNING ANY ASPECT OF THE PROPERTY INCLUDING,
<br />WITHOUT LIMITATION, (A) THE MANNER OR QUALITY OF THE
<br />CONSTRUCTION OR MATERIALS, IF ANY, INCORPORATED INTO THE
<br />PROPERTY; (B) COMPLIANCE WITH TITLE III OF THE AMERICANS WITH
<br />DISABILITIES ACT OF 1990 AND ALL SIMILAR STATE AND LOCAL
<br />ACCESSIBILITY LAWS; (C) COMPLIANCE WITH ANY ENVIRONMENTAL
<br />PROTECTION, POLLUTION OR LAND USE LAWS, RULES, REGULATIONS,
<br />ORDERS OR REQUIREMENTS, INCLUDING, WITHOUT LIMITATION,
<br />CALIFORNIA HEALTH & SAFETY CODE, THE FEDERAL WATER POLLUTION
<br />CONTROL ACT, THE FEDERAL RESOURCE CONSERVATION AND RECOVERY
<br />ACT, THE U.S. ENVIRONMENTAL PROTECTION AGENCY REGULATIONS AT 40
<br />C.F.R., PART 261, THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
<br />COMPENSATION AND LIABILITY ACT OF 1980, AS AMENDED, THE RESOURCE
<br />CONSERVATION AND RECOVERY ACT OF 1976, THE CLEAN WATER ACT, THE
<br />SAFE DRINKING WATER ACT, THE HAZARDOUS MATERIALS
<br />TRANSPORTATION ACT, THE TOXIC SUBSTANCE CONTROL ACT, AND
<br />REGULATIONS PROMULGATED UNDER ANY OF THE FOREGOING; (D) THE
<br />PRESENCE OR ABSENCE OF HAZARDOUS MATERIALS AT, ON, UNDER, OR
<br />ADJACENT TO THE PROPERTY; (E) THE CONTENT, COMPLETENESS OR
<br />ACCURACY OF ANY MATERIALS PROVIDED BY BEAM FOR CITY/AGENCY’S
<br />REVIEW OR THE TITLE COMMITMENT; OR (F) THE CONFORMITY OF THE
<br />IMPROVEMENTS TO ANY PLANS OR SPECIFICATIONS FOR THE PROPERTY,
<br />INCLUDING ANY PLANS AND SPECIFICATIONS THAT MAY HAVE BEEN OR
<br />MAY BE PROVIDED TO CITY/AGENCY. CITY/AGENCY FURTHER
<br />ACKNOWLEDGE AND AGREE THAT SUBJECT TO BEAM’S WARRANTIES THE
<br />PROPERTY HAS BEEN INDEPENDENTLY INVESTIGATED BY CITY/AGENCY TO
<br />THEIR FULL SATISFACTION PRIOR TO THE EFFECTIVE DATE, THAT
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