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MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CONDITION OF <br /> IMPROVEMENTS, ENVIRONMENTAL CONDITION OR OTHERWISE, AND ANY SUCH <br /> WARRANTIES ARE HEREBY DISCLAIMED BY CITY. WITHOUT LIMITING THE <br /> GENERALITY OF THE FOREGOING, NEITHER CITY, NOR ANY OF ITS AGENTS, <br /> EMPLOYEES, OFFICERS OR DIRECTORS MAKES ANY REPRESENTATION OR <br /> WARRANTIES RELATING TO, OR ASSUMES ANY LIABILITY FOR INACCURACIES, <br /> ERRORS OR OMISSIONS CONTAINED IN ANY MATERIAL PROVIDED TO MIRACLE <br /> VALLEY. <br /> 23. By executing this Agreement, Miracle Valley expressly represents and agrees that <br /> Miracle Valley is not relying upon any representation, warranty or statement by City, its <br /> employees, agents, officers, or directors which differs from the disclosures made in this <br /> Agreement. Miracle Valley acknowledges that it is not buying any interest in a business or <br /> operating entity of any kind by and through this Agreement. Miracle Valley acknowledges that <br /> Miracle Valley has not relied upon any representations, warranties, statements or estimates of <br /> any nature whatsoever, whether written or oral, made by City or others, including, but not <br /> limited to, any relating to the description of the physical condition of the RR Property, or the <br /> dimensions of the RR Property or any other physical element thereof, the estimated real estate <br /> taxes of the RR Property, the right to any income tax deduction for any real estate taxes or <br /> mortgage interest paid by Miracle Valley, or any other data, except as may be specifically <br /> represented herein. Miracle Valley has relied on Miracle Valley's own examination and <br /> investigation thereof. No person has been authorized to make any representation or warranty on <br /> behalf of City. <br /> IN WITNESS WHEREOF, the parties have executed this Agreement the day and year <br /> appearing opposite their signatures below. <br /> CITY OF DECATUR, ILLINOIS MIRACLE VALLEY <br /> By: /dkNBy: / <br /> Date: <br /> Date: <br />