As-Is. Notwithstanding anything to the contrary contained in this Agreement, but subject to Seller’s representations and warranties set forth in this Agreement and in the documents to be executed by Seller at Closing, Purchaser shall acquire the Property from Seller at Closing in its then “as-is, where is” condition, without any other representations or warranties from Seller, express or implied, including any warranty of merchantability, habitability or fitness for a particular purpose.

As-Is.Subject to Seller’s representations and warranties set forth in this Agreement and in the documents executed by Seller at Closing, Purchaser is relying upon its own inspections of the Land and the existing Improvements located upon the Property and is not relying in any way upon any representation, statement, agreement, warranty, study, plan, report, description, guideline, or any other information or material provided by Seller or any of its representatives, whether oral or written, express or implied, of any nature whatsoever concerning any aspect of owning, acquiring, developing, constructing or marketing the Property. Subject to Seller’s representations and warranties set forth in this Agreement and in the documents executed by Seller at Closing, Seller makes no representation or warranty regarding the physical condition of the Land or the existing Improvements located upon the Property. Purchaser is a sophisticated purchaser and is represented by sophisticated consultants and, subject to Seller’s representations and warranties set forth in this Agreement and in the documents executed by Seller at Closing, is acquiring the Land "as is" and "with all faults" in its present state and condition, without additional representation or warranty by Seller of any matters whatsoever. Subject to Seller’s representations and warranties set forth in this Agreement and in the documents executed by Seller at Closing, no patent or latent condition affecting the Land in any way, whether or not known or discoverable, or hereafter discovered, shall affect Purchaser's obligations hereunder, nor shall any such condition give rise to any right of damages, rescission or otherwise against Seller. Seller shall have no liability for inaccuracies in the representations and warranties set forth in Section 4.3 to the extent that, as of the Closing, Purchaser has actual knowledge that a representation or warranty is inaccurate and proceeds to close notwithstanding such inaccuracy.

AS-IS, WHERE-IS SALE. Except as expressly stated in this Agreement and to the maximum extent permitted by law, Seller makes no other (and specifically disclaims any) representations, warranties covenants, agreements or guaranties of, as to, concerning or with respect to each Property, whether express or implied, oral or written past, present or future. Buyer agrees, acknowledges and accepts that each Property is being sold on an “as-is”, “where-is” basis with all faults and conditions thereon. Subject to Sections 15 and 16, and those items shown in the Buyer’s Title Policy (as defined below) approved or deemed approved by Buyer, Buyer accepts each Property with all defects, latent or patent, known or unknown, and without any express or implied representations or warranties, regarding the value, condition, merchantability, habitability, profitability, suitability or fitness for a particular use or purpose. Subject to any addendum to this Agreement, Buyer acknowledges that it has had the opportunity to perform and complete all of Buyer’s due diligence examinations, reviews and inspections of all matters pertaining to each Property, including, physical, environmental and compliance matters and conditions respecting each Property, or has voluntarily waived such some or all of such matters. Buyer acknowledges that it is fully satisfied with the results of such due diligence examinations, reviews and inspections, if any, and all matters pertaining to each Property. Seller is materially relying upon this provision in executing this Agreement at the Purchase Price and would not otherwise execute this Agreement without this provision. Seller has not made and Buyer does not expect or require Seller (or Seller’s agents) to make any investigation of each Property to discover defects, conditions or other physical matters. This section will survive the Closing.

Effect of the Amendment; Loan Document. Except as expressly provided herein, the Credit Agreement and the other Loan Documents shall remain unmodified and in full force and effect. Except as expressly set forth herein, this Amendment shall not be deemed # to be a waiver of, or consent to, a modification or amendment of, any other term or condition of the Credit Agreement or any other Loan Document, # to prejudice any other right or rights which Administrative Agent or the Lenders may now have or may have in the future under or in connection with the Credit Agreement or the other Loan Documents or any of the instruments or agreements referred to therein, as the same may be amended, restated, supplemented or otherwise modified from time to time, # to be a commitment or any other undertaking or expression of any willingness to engage in any further discussion with Obligors or any other Person with respect to any waiver, amendment, modification or any other change to the Credit Agreement or the Loan Documents or any rights or remedies arising in favor of the Lenders or Administrative Agent, or any of them, under or with respect to any such documents or # to be a waiver of, or consent to or a modification or amendment of, any other term or condition of any other agreement by and among Obligors, on the one hand, and Administrative Agent or any other Lender, on the other hand. References in the Credit Agreement to “this Agreement” (and indirect references such as “hereunder”, “hereby”, “herein”, and “hereof”) and in any Loan Document to the Credit Agreement shall be deemed to be references to the Credit Agreement as modified hereby. This Amendment is a Loan Document, and, together with the other Loan Documents, incorporates all negotiations of the parties hereto with respect to the subject matter hereof and is the final expression and agreement of the parties hereto with respect to the subject matter hereof.

Loan Document. The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender, the Administrative Agent or the Collateral Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. On and after the effectiveness of this Amendment, this Amendment shall for all purposes constitute a Loan Document.

Purchase Document. This Amendment is a Purchase Document.

Loan Document. This Third Amendment shall constitute a Loan Document for all purposes.

Related Document. This Amendment is a Related Document and all references to a “Related Document” in the RFA, the SSA and the other Related Documents (including, without limitation, all such references in the representations and warranties in the RFA, the SSA and the other Related Documents) shall be deemed to include this Amendment.

Governing Document. In the event of any conflict between the provisions of this Plan and the provisions of any applicable Grant Instrument, the Plan shall be the controlling document. No other statements, representations, explanatory materials or examples, oral or written, may amend the Plan in any manner. The Plan shall be binding upon and enforceable against the Company and its successors and assigns. In addition, an outstanding Grant may be amended by the Committee consistent with the Plan, provided that such amendment does not materially impair the rights of the Grantee unless the Grantee consents to the amendment. In the event of any conflict between the provisions of this Plan and the provisions of any applicable Stockholder Agreement (as defined in [Section 8(f)] above) or other agreement between the Company and the applicable Grantee, including, but not limited to any applicable Grant Instrument, the provisions of such Stockholder Agreement or other agreement shall control except as required to fulfill the intention that this Plan constitute an incentive stock option plan within the meaning of Section 422 of the Code, but insofar as possible the provisions of the Plan and any such Stockholder Agreement or other agreement shall be construed so as to give full force and effect to all such provisions.

Disclosure Document. The Authorized Participant has obtained a copy of the Trust’s Prospectuses, which constitute its CFTC Disclosure Documents, from each Fund’s website at http://www.Invesco.com, or its successor thereto.