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Property; and ( iii) CITY has confirmed independently all information that it
<br /> considers material to purchase the Property . CITY specifically acknowledges
<br /> that, except as set out in Section 16 below, CITY is not relying on and , to the
<br /> fullest extent permitted by law, County does hereby disclaim and renounce, any
<br /> representations or warranties of any kind or nature whatsoever, whether oral or
<br /> written , express , implied , statutory or otherwise , from County or any County
<br /> representative or employee, as to : ( 1 ) the operation of the Property or the income
<br /> potential , uses or the fitness of any portion of the Property for a particular
<br /> purpose: (2) the physical condition of the Property or the condition or safety of
<br /> the Property or any improvements thereon , including , but not limited to plumbing ,
<br /> sewer, heating , ventilating and electrical systems, roofing , foundations, soils and
<br /> geology, including Hazardous Materials (as defined below), lot size, or suitability
<br /> of the Property or any improvements thereon for a particular purpose; (3) the
<br /> presence or absence , location or scope of any Hazardous Materials in , at, about
<br /> or under the Property; (4) the habitability or suitability for occupancy of any
<br /> structure and the quality of its construction ; (5) whether existing improvements
<br /> are structurally sound , in good condition or in compliance with applicable
<br /> municipal, county , state or federal statutes , codes, ordinances , laws , rules or
<br /> regulations; (6) the accuracy of any statements , calculations, or conditions stated
<br /> i or set forth in County's books or records concerning the Property; (7) the
<br /> dimensions of the Property or the accuracy of any floor plans , square footage ,
<br /> lease abstracts , sketches, revenue or expense records or projections related to
<br /> the Property; (8) the data contained in or conclusions and recommendations
<br /> made in any engineering technical reports prepared by or on behalf of the County
<br /> by its agents , employees, engineers or contractors; (9) the ability of the CITY to
<br /> obtain any and all necessary government approvals or permits, including any
<br /> such approvals or permits necessary from the COUNTY, for CITY's intended use
<br /> and development of the Property; ( 10) the leasing status of the Property or the
<br /> intentions of any parties with respect to the negotiation and/or execution of any
<br /> lease for any portion of the Property; and (11 ) the nature of the COUNTY's prior
<br /> use , occupancy and operation of the Property. CITY further acknowledges and
<br /> agrees that COUNTY is under no duty to make any affirmative disclosures or
<br /> inquiry regarding any matter which may or may not be known to COUNTY
<br /> concerning the property, other than as made herein .
<br /> (b) For purposes of this Agreement, "Hazardous Materials" shall mean
<br /> pollutants, contaminants, flammables , regulated materials , inflammable
<br /> explosives , radioactive materials, asbestos and asbestos containing materials,
<br /> radon gas , polychlorinated biphenyls , lead , lead-based paint, under and/or above
<br /> ground storage tanks , oil or other petroleum compounds, fractions or additives,
<br /> including MTBE , and all hazardous materials , hazardous wastes, or hazardous
<br /> substances which are listed or regulated in any federal , state , or local statute ,
<br /> ordinance , rule , or regulation , including without limitation , the Comprehensive
<br /> Environmental Response, Compensation and Liability Act of 1980 , as amended
<br /> (42 U . S. C . Sections 9601 at seq .) ; The Resource Conservation and Recovery
<br /> Act of 1976 , as amended , (42 U . S.C . Sections 6901 et seq . ) ; the Carpenter-
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