DISCLAIMER, RELEASE, INDEMNITY, AND CONFIDENTIALITY AGREEMENT

As a material inducement and an essential condition to Sullivan Commercial Realty providing you the accompanying information and by use of the information you and your clients for yourselves and anyone holding or claiming by, through, or under you, agree to the following:

(1)     The information contained herein or communicated to you verbally or otherwise by Sullivan Commercial Realty or from any other source is provided as an accommodation to you and your client in order to facilitate your examination of the property described herein.  Sullivan Commercial Realty does not guarantee the completeness or accuracy of the information contained herein or otherwise supplied to you and expressly disclaims any duty, warranty, or representation, express or implied, related to this or any other information or the property described herein.  It is your responsibility to independently confirm the accuracy and completeness of this and any other information and determine the suitability and condition of the property.

(2)     Sullivan Commercial Realty represents the Seller and shall have no duty to you or anyone claiming, by through, or under you to make any inspection or disclosure.  You and your clients must perform whatever tests and investigations are necessary to determine the suitability and condition of the property.  You and your clients, for yourselves and anyone claiming or holding by, through, or under you, agree to release, indemnify, hold harmless, and defend Sullivan Commercial Realty and its representatives from any claim, liability, or loss which may occur directly or indirectly from any failure to disclose any information or your use of this and any other information or the property whether or not such loss, cost, or damage may result in whole or in part from any theory of strict liability or the negligence of Sullivan Commercial Realty or their representatives.

(3)     You and your clients agree to hold all information concerning the property confidential and to use it solely in connection with your independent evaluation of the purchase of the property and not for any other reason.  If any information is used by you or anyone gaining information from you for any other purpose, then you, for yourself and anyone holding by, through, or under you, agree to indemnify Sullivan Commercial Realty, the Seller, and their successors and assigns for any and all losses, costs, and damages which result directly or indirectly from such prohibited use, including without limitation legal costs, consequential damages, and lost profits.

(4)     This information may not be duplicated or redistributed without the written consent of Sullivan Commercial Realty.  The original and copies, excerpts, summaries, or other information derived here from must be returned upon request by Sullivan Commercial Realty.

If any of the foregoing terms and conditions are not unconditionally satisfactory to you, then return this information to Sullivan Commercial Realty without duplicating, copying, or in any other manner using any portion thereof.  This agreement shall survive the return of the information and shall be binding upon our permitted successors and assigns.  The declaration that any portion of this agreement is void or is unenforceable shall not affect the other provisions hereof.

Copyright 2005. Sullivan Commercial Realty.8647 Wurzbach Road, Suite D, San Antonio, TX 78240. Ph: 210.341.9292. Fax: 210.341.6161