THE PROPERTY, INCLUDING BUT NOT LIMITED
TO, THE PHYSICAL AND ENVIRONMENTAL CONDITIONS THEREOF, AS PURCHASER DEEMS
NECESSARY OR DESIRABLE TO SATISFY ITSELF AS TO THE CONDITION OF THE PROPERTY AND
THE EXISTENCE OR NONEXISTENCE OR CURATIVE ACTION TO BE TAKEN WITH RESPECT TO ANY
HAZARDOUS SUBSTANCES ON, IN OR UNDER OR DISCHARGED FROM THE PROPERTY, AND WILL
RELY SOLELY UPON SAME AND NOT UPON ANY INFORMATION PROVIDED BY OR ON BEHALF OF
SELLER OR ITS AGENTS OR EMPLOYEES WITH RESPECT THERETO, OTHER THAN SUCH
REPRESENTATIONS, WARRANTIES AND COVENANTS OF SELLER AS ARE EXPRESSLY SET FORTH
IN THIS AGREEMENT. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, UPON
CLOSING, PURCHASER SHALL ASSUME THE RISK THAT ADVERSE MATTERS, INCLUDING BUT NOT
LIMITED TO, CONSTRUCTION DEFECTS AND ADVERSE PHYSICAL AND ENVIRONMENTAL
CONDITIONS, MAY NOT HAVE BEEN REVEALED BY PURCHASER'S INVESTIGATIONS, AND
PURCHASER, UPON CLOSING, SHALL BE DEEMED TO HAVE WAIVED, RELINQUISHED AND
RELEASED SELLER AND ALL OTHER SELLER PARTIES (AS SAID TERM IS HEREIN DEFINED)
FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION (INCLUDING BUT
NOT LIMITED TO CAUSES OF ACTION ARISING BY, IN OR UNDER CONTRACT, TORT, STATUTE
OR ANY OTHER LEGAL OR EQUITABLE THEORY WHATSOEVER), RIGHTS OR CLAIMS OF
CONTRIBUTION, LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES (INCLUDING
ATTORNEYS' FEES) OF ANY AND EVERY KIND OR CHARACTER, KNOWN OR UNKNOWN, WHICH
PURCHASER MIGHT HAVE ASSERTED OR ALLEGED AGAINST SELLER OR ANY OF THE OTHER
SELLER PARTIES AT ANY TIME BY REASON OF OR ARISING OUT OF OR IN ANY WAY
CONNECTED WITH (SUBJECT TO THE TERMS OF THIS AGREEMENT) ANY LATENT OR PATENT
CONSTRUCTION DEFECTS OR PHYSICAL CONDITIONS, VIOLATIONS OF ANY APPLICABLE LAWS
AND ANY AND ALL OTHER ACTS, OMISSIONS, EVENTS, CIRCUMSTANCES OR MATTERS
REGARDING THE PROPERTY, INCLUDING BUT NOT LIMITED TO ANY ENVIRONMENTAL LAWS
APPLICABLE TO THE PROPERTY OR ANY HAZARDOUS SUBSTANCES LOCATED ON, IN OR UNDER
OR DISCHARGED FROM THE PROPERTY.
SECTION 9.3 EXCULPATION OF SELLER AND OTHER SELLER PARTIES. NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT OR IN ANY EXHIBITS ATTACHED
HERETO OR IN THE DEED AND ANY AND ALL ASSIGNMENTS AND OTHER AGREEMENTS AND
DOCUMENTS EXECUTED OR TO BE EXECUTED IN CONNECTION HEREWITH (COLLECTIVELY,
INCLUDING THIS AGREEMENT, SAID EXHIBITS, THE DEED AND ANY AND ALL ASSIGNMENTS
AND OTHER AGREEMENTS AND DOCUMENTS EXECUTED OR TO BE EXECUTED IN CONNECTION
HEREWITH, THE "PURCHASE DOCUMENTS"), IT IS EXPRESSLY UNDERSTOOD AND AGREED BY
AND BETWEEN THE PARTIES HERETO THAT FROM AND AFTER THE CLOSING OF THIS SALE:
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(A) THE RECOURSE OF PURCHASER OR ITS SUCCESSORS OR ASSIGNS AGAINST SELLER WITH
RESPECT TO ANY BREACH OR ALLEGED BREACH BY OR ON THE PART OF SELLER OF ANY
REPRESENTATION, WARRANTY, COVENANT, UNDERTAKING, INDEMNITY OR AGREEMENT
CONTAINED IN ANY OF THE PURCHASE DOCUMENTS (COLLECTIVELY, THE "SELLER'S
UNDERTAKINGS") AND NOT ADDRESSED BY SECTION 5.3 AND 6.3 SHALL BE LIMITED TO AN
AMOUNT NOT TO EXCEED TWO HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($250,000.00)
IN THE AGGREGATE OF ALL MONETARY RECOURSE OF PURCHASER UNDER THE PURCHASE
DOCUMENTS;
(B) PURCHASER HAS WAIVED