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<br /> • an assignment and assumption agreement incorporating the terms of this paragraph and
<br /> identifying such instrument or instruments. Notwithstanding the foregoing, Seller reserves
<br /> to itself 100% of the gross revenues attributable to any fiber optic.agreement of whatever
<br /> nature, including gross revenues in respect of any renewal.term or extended term
<br /> contemplated by said agreement.
<br /> 25. AS IS: ALL FAULTS: NO REPRESENTATION BY SELLER: Buyer agrees to
<br /> accept the condition of the Property, including specifically without limitation, the
<br /> environmental and geological condition of the Property, in an "AS-IS" and with "ALL
<br /> FAULTS" condition. Buyer's acceptance of title to the Property shall represent Buyer's
<br /> acknowledgment and agreement that: (i) Seller has not made any written or oral
<br /> representation or warranty of any kind with respect to the Property (including without
<br /> limitation express or implied warranties of title, merchantability, or fitness for a particular
<br /> purpose); (ii) Buyer has not relied on any written or oral representation or warranty made
<br /> by Seller, its agents or employees with respect to the condition or value of the Property;
<br /> (iii) Buyer has had an adequate opportunity to inspect the condition of the Property,
<br /> including without limitation any environmental testing, and to inspect documents applicable
<br /> thereto, and Buyer is relying solely on such inspection and testing; and (iv) the condition
<br /> of the Property is fit for Buyer's intended use. Buyer agrees to accept all risk of Claims
<br /> (including without limitation all Claims under any Environmental Law and all Claims arising
<br /> at common law, in equity or under a federal, state or local statute, rule or regulation)
<br /> • whether past, present or future, existing or contingent, known or unknown, arising out of,
<br /> resulting from or relating to the condition of the Property, known or unknown, contemplated
<br /> or uncontemplated, suspected or unsuspected, including without limitation the presence
<br /> of any Hazardous Substance on the Property, whether such Hazardous Substance is
<br /> located on or under the Property, or has migrated from or to the Property.
<br /> 26. RELEASE: Buyer, for itself, its directors, officers, stockholders, divisions,
<br /> agents, affiliates, subsidiaries, predecessors, successors,and assigns and anyone acting
<br /> on its behalf or their behalf hereby fully releases and forever discharges Seller from any
<br /> and all Claims(including without limitation all Claims arising under any Environmental Law
<br /> and all Claims arising at common law, in equity or under a federal, state or local statute,
<br /> rule or regulation), past, present and future, known and unknown, existing and contingent,
<br /> arising out of,.resulting from, or relating to the condition of the Property, and Buyer hereby
<br /> waives any and all causes of action (including without limitation any right of contribution)
<br /> Buyer had, has -or may have against Seller and its respective directors, officers,
<br /> stockholders, divisions, agents, affiliates, subsidiaries, predecessors, successors and
<br /> assigns, grantors or anyone acting on its behalf or their behalf with respect to the condition
<br /> of the Property, whether arising at common law, in equity or under a federal, state or local
<br /> statute, rule or regulation. The foregoing shall apply to any condition of the Property,
<br /> known or unknown,contemplatedor uncontemplated,suspected or unsuspected, including
<br /> • FORM 900.1/97.STD.00180-01.otp
<br /> OFFER TO PURCHASE RAMSEY COUNTY.MN -9-
<br /> Raeffle Railway
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