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7. Property "As Is" / Buyer's Diligence. SELLER MAKES NO <br /> REPRESENTATIONS OR WARRANTIES OF ANY KIND TO BUYER, INCLUDING, <br /> WITHOUT LIMITATION, THE PHYSICAL CONDITION OF THE REAL PROPERTY OR <br /> ITS SUITABILITY FOR ANY PARTICULAR PURPOSE. Buyer acknowledges that Buyer has <br /> already (or, prior to the Closing Date, will have) independently inspected the Real Property and, <br /> if Buyer shall deliver an Option Notice, then it shall do so based solely upon Buyer's own <br /> examination and inspection. Buyer agrees that the Real Property is to be sold to and accepted by <br /> Buyer upon the Closing Date in its then present condition, AS IS, WITH ALL FAULTS, IF <br /> ANY, AND WITHOUT ANY WARRANTY WHATSOEVER, EXPRESS OR IMPLIED. To <br /> the extent possible, Seller shall permit the Buyer access to the Real Property to conduct such <br /> inspections and tests thereof as the Buyer may deem necessary or desirable prior to the Closing <br /> Date, provided that Buyer shall indemnify and save the Seller harmless from any claims or <br /> liability arising from Buyer's tests and inspections of the Real Property. <br /> 8. Governing Law. This Agreement shall be construed as to both validity and <br /> performance and enforced in accordance with and governed by the laws of the State of Minnesota. <br /> [THE REMAINDER OF THIS PAGE HAS BEEN LEFT BLANK INTENTIONALLY.] <br /> B-3 <br /> 499209v6 MU205-47 <br />