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pending special assessments against the Real Property. Seller has received no notice of <br />any curtailed or any restricted access to the Real Property. Seller has received no notice <br />of any threatened or pending condemnation or eminent domain proceeding affecting the <br />Real Property. <br />(D) Operation of Real Propertx. During the Term of this Option, Seller shall <br />not grant any mortgage or otherwise permit any lien or encumbrance against the Real <br />Property. Seller shall not enter into any leases of the Real Property, except such lease as <br />may be terminated upon thirty (30) days' written notice. <br />(E) No Other Warranties. Other than those expressly stated in this Restated <br />Agreement, the Seller has made no other warranties or representations, and the Buyer has <br />not relied on any warranties or representations, express or implied, relative to the <br />condition of the Real Property or any other matter relative to this Restated Agreement <br />except as set forth in this Restated Agreement. The Buyer hereby acknowledges that it <br />has thoroughly inspected the Real Property and, other than the representations and <br />warranties set forth above, which representations and warranties shall survive the Closing <br />and delivery of the Warranty Deed, is purchasing the same in its "as is" condition as of <br />the date hereof. <br />21. Cumulative Rights. Except as may otherwise be provided elsewhere herein, no <br />right or remedy herein conferred on or reserved to the Buyer or the Seller is intended to be <br />exclusive of any other right or remedy provided herein or by law, but such rights and remedies <br />shall be cumulative in and in addition to every other right or remedy given herein or elsewhere or <br />hereafter existing at law, in equity, or by statute. <br />22. Consent. Whenever the Seller's consent shall be required herein including <br />applications to regulatory authorities for plats, permits, zoning or comprehensive plan <br />amendments, such approval or consent shall be subject to the sole and unqualified discretion of <br />the City. <br />23. Notices. Except as otherwise provided herein, all communications, demands, <br />notices, or objections permitted or required to be given or served under this Agreement shall be <br />in writing and shall be deemed to have been duly given or served if delivered in person or <br />deposited in the United States mail, postage prepaid, for mailing by registered or certified mail <br />addressed to a party to this Agreement to the address designated by a party to this Agreement in <br />the foregoing manner. Any party may change its address by giving notice, in writing, stating its <br />new address, to any other party as provided in the foregoing manner. Commencing on the tenth <br />(loth) day after the giving of such notice, such newly designated address shall be such party's <br />address for the purposes of all communications, demands, notices or objections permitted or <br />required to be given or served under this Restated Agreement. Notices shall be deemed given on <br />the date of delivery, if delivered, or on the date of deposit in the U.S. Mail, if mailed. <br />Notices may be delivered or mailed to the following addresses: <br />If to Seller: <br />City of Hugo <br />