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Clean ~~'ater Act, any "Supei~und" or "Superlien" law, the North Carolina. Oil Pollution and Hazardous
<br />Substance Control Act of 1976, or any other federal, state or local statute, law, ordinance, code, rule,
<br />regulation, order or decree, regulating, relating to or imposing liability or standards of conduct concerning
<br />any petroleum, petroleum byproduct (including, but not limited to, crude ail, diesel oil, fuel oil, gasoline,
<br />lubrication oil, oil refuse, oil mixed with other waste, oil sludge, and all other liquid hydrocarbons, regardless
<br />of specific gravity), natural or synthetic gas, asbestos, PCB, products and/or hazardous substance or material,
<br />toxic or dangerous waste, substance or material, pollutant or contaminant, as may now or at any time
<br />hereafter be in effect.
<br />EXCEPT TO THE EXTENT OTHERWISE EXPRESSLY PROVIDED IN THIS SECTION, IN
<br />THIS AGREEMENT AND IN THE AGREEh~IENT FOR CONSTRUCTION MANAGEh~lENT
<br />SERVICES BY AND BETWEEN SELLER AND PURCHASER, THE PROPERTY SHALL BE SOLD
<br />TO PURCHASER IN "AS-IS", "WHERE AS" CONDITION. EXCEPT TO THE EXTENT
<br />OTHERWISE EXPRESSLY PROVIDED IN THIS SECTION, ELSEWHERE IN THIS AGREEA~IENT
<br />AND IN THE AGREEI\~IENT FOR CONSTRUCTION R~IANAGEMENT SERVICES BY AND
<br />BETWEEN SELLER AND PURCHASER, NEITHER SELLER, NOR ANY OF ITS MEMBERS,
<br />MANAGERS, AFFILIATES, EMPLOYEES, ATTORNEYS, ACCOUNTANTS, CONTRACTORS,
<br />CONSULTANTS, AGENTS OR REPRESENTATIVES, NOR ANY PERSON PURPORTING TO
<br />REPRESENT ANY OF THE FOREGOING, HAVE MADE ANY REPRESENTATION, WARRANTY,
<br />GUARANTY, PROh~SE, PROJECTION OR PREDICTION WHATSOEVER TO PURCHASER WITH
<br />RESPECT TO THE PROPERTY, WRITTEN OR ORAL, EXPRESS OR IMPLIED, ARISING BY
<br />OPERATION OF LAW OR OTHERWISE, INCLUDING ANY WARRANTY OF
<br />MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY
<br />REPRESENTATION OR ~~'ARRANTY AS TO (A} THE CONDITION, SAFETY, QUANTITY,
<br />QUALITY, USE, OCCUPANCI' OR OPERATI{_)N OF THE PROPERTY, OR {B) THE PAST,
<br />PRESENT OR FUTURE REVENUES OR EXPENSES L~TTH RESPECT TO THE PROPERTY.
<br />SECTION 10. ~~~arranties of Purchaser. Purchaser represents, warrants and covenants to Seller
<br />that Purchaser is a body corporate and politic and a political subdivision of the State of North Carolina duly
<br />created, validly existing and in good standing in accordance with the laws of the State of North Carolina.
<br />Purchaser has full right, poFVer and authority to enter into this Agreement and to consummate the purchase of
<br />the Property as provided herein, and, except for action by Purchaser necessary to obtain the approval required
<br />by SECTION 5.45 and that approval, all required action necessary to authorize Purchaser to enter into tlus
<br />Agreement and to consummate the purchase of the Property as provided herein has been taken.
<br />SECTION 11. Commissions.
<br />11.01 The parties acknowledge and agree that there are no brokerage fees, real estate
<br />commissions, finder's fees, acquisition costs or other compensation due to any real estate agent, broker or
<br />other third party in connection with this transaction.
<br />11.02 Seller and Purchaser do hereby represent each to the other that neither knows of any
<br />real estate agent, broker or other party involved in this transaction who is entitled to, or has a claim for, a real
<br />estate commission or fee and neither party has employed any such person. Seller and Purchaser hereby
<br />covenant and agree each with the other to indemnifi~ and forever hold the other harmless from and against
<br />any loss, liability, costs, claims, demands, damages, actions, causes of action and suits arising out of or in any
<br />manner related to the alleged employment or use by the indemnifying party of any real estate agent, broker or
<br />other party.
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