Property Matters. Means any matter concerning or relating to the Property, including but not limited to, (i) any matter described in any document delivered by Quantum to Buyer pursuant to Section 6, (ii) the physical and environmental condition of the Property, including, without limitation, the size and condition of the Improvements, the topography, climate, water rights, utilities, soil, subsoil, drainage, access to public roads, proposed routes of roads or extensions thereof, compliance of the property with... any and all land use, environmental, or other laws, rules, regulations, ordinances, underwriter's requirements, covenants, conditions, and restrictions to which the Property may be subject, any latent or patent defect in the Property, the condition of the soil, and the presence or absence of any Hazardous Substances in, on or about the Property or the soil, groundwater, surface water, air, or building materials thereof, (iii) the financial aspects of the Property, including, without limitation, the feasibility, convertibility, desirability and suitability of the Property for Buyer's intended use and purposes, and the value and development potential of the Property, (iv) the legal aspects of the Property, including, without limitation, the Property's compliance or non-compliance with all statutes, ordinances, codes, regulations, decrees, orders and laws applicable to the Property, (v) the leasing of the Property, including without limitation the Existing Space Lease, any Estoppel and Attornment Agreement or other notice or statement by the tenant thereunder (but excluding the Quantum Space Leases), (vi) the title to the Property and any exception or encumbrance thereon (other than the Existing Synthetic Lease, deed of trust, mortgages, and liens that the Seller and/or Quantum that are or are required to be removed from title at the Close of Escrow under the terms of the Agreement), (vii) the availability and terms of any contracts required for the operation, maintenance, cleaning, or services for the Property, (viii) the existence or non-existence of any governmental or quasi-governmental entitlements, if any, affecting the Property, (ix) any dimensions or specifications of the Property or any part thereof, (x) the zoning, building and land use restrictions applicable to the Property or any portion thereof, and (xi) all other matters which now affect the Property; provided, however, that notwithstanding anything to the contrary in this definition or in the Agreement, "Property Matters" shall exclude, and shall not in any manner whatsoever limit, qualify, modify or nullify, any representations, warranties, covenants or indemnities of Seller and/or Quantum in this Agreement or any other document executed and delivered by Seller and/or Quantum in connection with the transactions set forth in this Agreement (including, without limitation, the Quantum Space Leases).View More
