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99 i09581 <br /> to the Property to be conveyed hereunder, and shall not merge into <br /> any deed. <br /> 22 . WAIVER. Either Buyer or Seller may, by written notice to the <br /> other, (a) extend the time for the performance of any of the <br /> obligations or other actions of the other under this Agreement; (b) <br /> waive any inaccuracies in the representations or warranties of the <br /> other contained in this Agreement or in any document delivered <br /> pursuant to this Agreement; (c) waive compliance with any of the <br /> conditions or covenants of the other contained in this Agreement; <br /> or (d) waive performance of any of the obligations of the other <br /> under this Agreement. Except as provided in the preceding sentence, <br /> no action taken pursuant to this Agreement, including, without <br /> limitation, any investigation by or on behalf of any party, shall <br /> be deemed to constitute a waiver by the party taking such action of <br /> compliance with any representations, warranties, covenants, or <br /> agreements contained in this Agreement. The waiver by any party <br /> hereto of a breach of any provision hereunder shall not operate or <br /> be construed as a waiver of any prior or subsequent breach of the <br /> same or any other provision hereunder. <br /> 23. INTENDED USE. Buyer' s intended use of the Property is to <br /> acquire said property in order to develop a residential subdivision <br /> thereon. <br /> 24 . WETLANDS. There are no designated wetland acres upon the <br /> described property. <br /> 25. HIGHLY ERODIBLE LANDS. There are acres designated as highly <br /> erodible lands as determined by the Consolidated Farm Service <br /> Agency. <br /> 26. FLOODPLAIN. The property is not located in a designated <br /> floodplain. <br /> 27 • BUYER SITE INSPECTION. At any time after the date of this <br /> Agreement, Buyer and its employees and agents shall have the right <br /> to enter upon the Property and perform such tests and inspections <br /> as it deems necessary to determine suitability of the Property for <br /> its intended use. Buyer shall restore the Property to original <br /> condition if such tests alter the grade, compaction, or vegetation. <br /> 28 . BROI�RS. Neither Seller nor Buyer have entered into any <br /> contract, arrangement or understanding with any person or firm <br /> which may result in the obligation of either to pay any finder' s <br /> fee, brokerage or agent' s commission or other like payment in <br /> connection with the negotiations leading to this Agreement or the <br /> consummation of the transactions contemplated hereby, and neither <br /> party is aware of any claim or basis for any claim for payment of <br /> any finder' s fee, brokerage or agent' s commission or other like <br /> 8 <br />