Laserfiche WebLink
AND IMPROVEMENTS RELATED THERETO, OR AS TO ANY OTHER FACT OR <br />MATTER RELATED THERETO OR ANY PORTION THEREOF, INCLUDING, BUT <br />NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A <br />PARTICULAR PURPOSE. BUYER ACKNOWLEDGES THAT IT IS ACQUIRING THE <br />LEASE AND THE REAL PROPERTY AND IMPROVEMENTS RELATED THERETO <br />BASED SOLELY UPON ITS OWN INDEPENDENT INVESTIGATION AND <br />INSPECTION THEREOF AND IN NO WAY IN RELIANCE ON ANY INFORMATION <br />PROVIDED BY SELLER, OTHER THAN THE REPRESENTATIONS AND <br />WARRANTIES EXPRESSLY CONTAINED HEREIN, IN THE APA OR ANY OTHER <br />INSTRUMENT OF CONVEYANCE, AND GRANTEE EXPRESSLY ASSUMES ALL <br />RISKS RELATED TO THE CONDITION OF THE LEASE AND THE REAL PROPERTY <br />AND IMPROVEMENTS RELATED THERETO, SUBJECT, HOWEVER, TO EXPRESS <br />REPRESENTATIONS AND WARRANTIES MADE BY SELLER IN THIS AGREEMENT, <br />THE APA OR ANY OTHER INSTRUMENT OF CONVEYANCE, UPON WHICH BUYER <br />SHALL HAVE THE RIGHT TO RELY. <br />This Agreement may be executed in counterparts, each of which shall be deemed an <br />original, and counterpart signature pages may be assembled to form a single original <br />document. Unless a different meaning is specifically set forth herein, all of the terms set forth <br />in this Agreement shall have the same meanings ascribed to such terms in the APA. <br />As used herein, the term "Effective Date" shall mean, refer to and include the date of <br />Closing established pursuant to the APA. <br />IN WITNESS WHEREOF, this Agreement has been executed as of the day and year <br />set forth above. <br />SELLER: ALBERTSON'S, INC., <br />a Delaware corporation <br />By <br />�!r <br />Name: �' iam -� - <br />Title: <br />BUYER: BNS PROPERTY III, L.L.C., <br />a Nebraska limited liability company <br />By: <br />Name: <br />Title: <br />3 <br />389108.01 <br />