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9. Construction Plans.
(a) Construction Plans. Copies of all plans submitted as part of the Design
Package, and any additional plans, drawings, specifications, related documents, and construction
progress schedule respecting the Project (collectively, the "Construction Plans") submitted to and
approved by any city, state, federal, or other governmental unit (collectively, the "Governmental
Authorities") prior to the recording of the Release of Interest will be delivered to DLBA within 7
days of approval by the relevant Governmental Authorities. Such Construction Plans will be
incorporated into this document as part of Exhibit E. In the event that any items approved and
incorporated as Construction Plans conflict, items approved by the Planning Department will be
considered controlling.
(b) Modification of Plans. Any material change to the Construction Plans will
require written acceptance from DLBA and the Planning Department prior to implementation. Any
change to the exterior of proposed structures will be considered a material change. If Purchaser
desires to make any material change in the Construction Plans after the Effective Date, Purchaser
will submit the proposed change to the Planning Department for its acceptance. It will be within
Planning Department's sole determination to accept or reject such change. In the event of a dispute
with respect to what constitutes a material change, DLBA's reasonable determination will control.
(c) Other Approvals. Acceptance by DLBA of the Construction Plans is in
addition to any approvals by the City of Detroit's Buildings & Safety Engineering Department (or
other agencies or departments) for building permits, use permits, certificates of occupancy, and
other permits whether required by other City of Detroit departments and agencies or otherwise.
Purchaser will be responsible for obtaining said permits and approvals.
10. Property Condition and Indemnification. DLBA hereby disclaims any warranty,
guaranty or representation, express or implied, oral or written, past, present, or future, of, as to or
concerning (a) the condition or state of repair of the Property, or the suitability thereof for any
purpose; (b) the extent of any right-of-way, lease, possession, lien, encumbrance, easement,
license, reservation, or condition in connection with the Property; (c) the compliance of the
Property with any applicable laws, ordinances, or regulations of any government or other body,
including, without limitation, compliance with any land use or zoning law or regulation, or
applicable environmental, rules, ordinances, or regulations; (d) title to or the boundaries of the
Property; and (e) the physical condition of the Property, including, without limitation, the
environmental condition of the Property and the structural, mechanical, and engineering
characteristics of the improvements to the Property. The sale of the Property will be on an "AS IS,
WHERE IS, WITH ALL FAULTS" basis. Purchaser expressly acknowledges and agrees that
DLBA makes no warranty or representation, express or implied, or arising by operation of law,
including, but not limited to, any warranty of condition, habitability, merchantability, or fitness for
a particular purpose, with respect to the Property, and Purchaser hereby expressly waives and
releases any such warranty or representation. Purchaser will buy the Property based on its own
investigations, and, by accepting title to all or part of the Property, acknowledges that it has