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DRAFT' 4.15.2004 • (c) Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment, of or compliance with the terms and conditions of this Agreement is prevented, limited by, or conflicts with or results in a breach of the terms, conditions, or provisions of any corporate or partnership restriction or any evidences of indebtedness, agreement, or instrument of whatever nature to which the Developer is now a party or by which it is bound,or constitutes a default under any of the foregoing. (d) The Developer will construct, operate and maintain the Minimum Improvements in accordance with the terms of this Agreement and all local, state and federal laws and regulations (including, but not limited to, environmental, zoning,building code and public health laws and regulations). (e) The Developer warrants that it has entered into and will perform on a purchase agreement involving real property legally described in Exhibit F, and that Developer shall perform on such purchase agreement by June 1, 2004. (f) The Developer warrants that on or before the Date of Closing that Developer will enter into and will perform on a developers agreement substantially in the form as set forth in Exhibit E involving the platting and construction of street and utility infrastructure, etc. for the real property legally described in Exhibit G, and that Developer shall perform consistent with such developers agreement. 7.3. The representations and warranties set forth in this section shall be continuing and shall be true and correct as of the Date of Closing with the same force and effect as if made at that time. All such representations and warranties shall survive closing and shall not be merged in the delivery and execution of the deed or other instruments of conveyance called for in this Agreement. 7.4. Except for the representations and warranties of Authority expressly made herein, Developer is buying the Property on an "as is," "where is," and "with all faults" basis,based upon its own investigation and judgment. 8.0. Review of Documents. Concurrently with execution of this Agreement or within ten days following the date hereof, and to the extent such documents are available to Authority, Authority shall deliver to Developer the following documents: existing (i) reports (whether in draft or final form) of any environmental inspections, audits or examinations of the Property; (ii) reports of all engineering tests, inspections and studies of the Property and (iii) reports of soil tests of the Property; all as Authority may have or be able to obtain copies of without unreasonable expense(all such records,plans,permits and reports being hereafter referred to as the "Existing Tests"). SJR-245249v4 MU205-29 7