America Online 2010 Annual Report Download - page 141

unless the amendment or modification materially changes the Escrow Agent's duties or obligations under this Agreement.
ARTICLE 4
INVESTIGATIONS
4.1 Due Diligence Materials. Seller has previously made available for Purchaser's inspection the items listed on Schedule 4.1 attached hereto (to extent
that Seller or Seller's property manager is in possession of such items) (collectively, the "Seller's Materials"); provided, however, that documents
owned or controlled by Tenants (as defined in Section 6.1.6) are not included in the Seller's Materials. Except as expressly provided in Section 6.1.9,
Seller makes no representation or warranty relating to the completeness or accuracy of any third party Seller's Materials; Purchaser is responsible for
independently verifying all information before Purchaser relies on any of the Seller's Materials.
4.2 The parties acknowledge that, pursuant to that certain Limited Entry and Access Agreement by and between Seller and Purchaser and as described in
the Letter of Intent (the "Letter of Intent") by and between Seller and Purchaser, Purchaser has had the right, and Purchaser will continue to have the
right, at Purchaser's sole cost and expense, subject to the rights of tenants under the Leases (as defined in Section 6.1.6), including satisfaction of any
security measures put in place by such tenants, and without unreasonable disruption to tenants under the Leases, to conduct such investigations, studies,
surveys, and analyses on and of the Property in accordance with the terms of this Article 4, as it shall, in its sole discretion, determine are necessary or
desirable (collectively, "Investigations"); provided, however, the parties acknowledge that, Purchaser shall have no right to object to title and survey
matters or terminate this Agreement based on the results of the Investigations. Such Investigations by Purchaser include, without limitation:
(i) all matters relating to title to the Property;
(ii) all matters relating to governmental and other legal requirements with respect to the Property, such as taxes, assessments, zoning, use permit
requirements and building codes;
(iii) all zoning, land use, building, environmental and other statutes, rules, or regulations applicable to the Property;
(iv) the physical condition of the Property, including, without limitation, the square footage of the Property, the utilities, and all other physical
and functional aspects of the Property;
(v) any easements and/or access rights affecting the Property;
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