any and
all environmental conditions thereat or the presence of any Hazardous Materials
located in, at, about or under the Property, or for any and all claims or causes
of action (actual or threatened) based upon, in connection with or arising out
of any law, statute, rule or regulation governing the use, handling, storage or
disposition of Hazardous Materials. Buyer has not relied and is not relying upon
any representations or warranties (other than the representations and warranties
of the Sellers expressly set forth in the Representation Documents), or upon any
statements made in any informational materials with respect to the Property
provided by the Sellers or any other person or entity, including any broker, or
any member, manager, employee, agent, attorney or other person representing or
purporting to represent the Sellers or any broker. Without limitation of the
foregoing, Buyer specifically acknowledges and agrees that it has assumed the
risk of changes in the condition of the Property between the Effective Date and
the Closing Date, other than as set forth in Section 5.4.12, and no adverse
change in such condition shall grant Buyer any right to terminate this Agreement
or to obtain any damages against the Sellers, other than as set forth in
Section 5.4.12. IN ADDITION TO, AND WITHOUT LIMITATION OF THE FOREGOING, EXCEPT
AS OTHERWISE EXPRESSLY SET FORTH IN THE REPRESENTATION DOCUMENTS, THE SELLERS
MAKE NO WARRANTY, EXPRESS, IMPLIED, STATUTORY, OR BY OPERATION OF LAW, AS TO THE
QUANTITY, QUALITY, MERCHANTABILITY, TITLE, MARKETABILITY, FITNESS, OR
SUITABILITY FOR A PARTICULAR PURPOSE OF THE PROPERTY OR ANY COMPONENT THEREOF,
AND THE PROPERTY AND EACH COMPONENT THEREOF ARE SOLD IN AN "AS IS", "WHERE IS"
CONDITION, WITH ALL FAULTS. BY EXECUTING THIS AGREEMENT, EXCEPT AS SET FORTH IN
THE REPRESENTATION DOCUMENTS, BUYER AFFIRMS AND AGREES THAT: (A) BUYER HAS NOT
RELIED ON THE SELLERS' SKILL OR JUDGMENT TO SELECT OR FURNISH THE PROPERTY OR
ANY COMPONENT THEREOF FOR ANY PARTICULAR PURPOSE, (B) THE SELLERS MAKE NO
WARRANTY THAT THE PROPERTY OR ANY COMPONENT THEREOF ARE FIT FOR ANY PARTICULAR
PURPOSE, (C) THERE ARE NO REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED,
STATUTORY, OR BY OPERATION OF LAW, WITH RESPECT TO THE PROPERTY OR ANY COMPONENT
THEREOF, (D) UPON CLOSING, BUYER HAS BEEN GIVEN THE OPPORTUNITY TO INSPECT THE
PROPERTY AND EACH COMPONENT THEREOF AND HAS DETERMINED TO PURCHASE THE PROPERTY
AND EACH COMPONENT THEREOF BASED ON SUCH INSPECTION, AND (E) UPON CLOSING, BUYER
AND/OR THE APPLICABLE BUYER SUBSIDIARIES SHALL ASSUME THE RISK THAT ADVERSE
MATTERS, INCLUDING, BUT NOT LIMITED TO, CONSTRUCTION DEFECTS AND ADVERSE
PHYSICAL CONDITIONS, MAY NOT HAVE BEEN REVEALED BY BUYER'S INVESTIGATIONS, AND
BUYER AND BUYER SUBSIDIARIES, ON CLOSING, SHALL BE DEEMED TO HAVE WAIVED,
RELINQUISHED, AND RELEASED THE SELLERS FROM AND AGAINST ANY AND ALL CLAIMS,
DEMANDS, CAUSES OF ACTION (INCLUDING, WITHOUT LIMITATION, CAUSES OF ACTION IN
TORT, LOSSES, DAMAGES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING, WITHOUT
LIMITATION, ATTORNEYS' FEES AND COURT COSTS) OF ANY AND EVERY KIND OR CHARACTER,
KNOWN OR UNKNOWN, THAT BUYER MIGHT HAVE ASSERTED OR