THE
LAND OR ANY IMPROVEMENTS COMPRISING THE PROPERTY; (II) THE EXISTENCE OR
NON-EXISTENCE OF ANY POLLUTANT, TOXIC WASTE AND/OR ANY HAZARDOUS MATERIALS OR
SUBSTANCES; (III) ECONOMIC PROJECTIONS OR MARKET STUDIES CONCERNING THE
PROPERTY, OR THE INCOME TO BE DERIVED FROM THE PROPERTY; (IV) ANY DEVELOPMENT
RIGHTS, TAXES, BONDS, COVENANTS, CONDITIONS AND RESTRICTIONS AFFECTING THE
PROPERTY; (V) THE NATURE
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AND EXTENT OF ANY RIGHT OF WAY, LEASE, LIEN, ENCUMBRANCE, LICENSE, RESERVATION
OR OTHER TITLE MATTER; (VI) WATER OR WATER RIGHTS, TOPOGRAPHY, GEOLOGY,
DRAINAGE, SOIL OR SUBSOIL OF THE PROPERTY; (VII) THE UTILITIES SERVING THE
PROPERTY; (VIII) THE SUITABILITY OF THE PROPERTY FOR ANY AND ALL ACTIVITIES AND
USES WHICH PURCHASER MAY ELECT TO CONDUCT THEREON; OR (IX) THE COMPLIANCE OF THE
PROPERTY WITH ANY ZONING, ENVIRONMENTAL, BUILDING OR OTHER LAWS, RULES OR
REGULATIONS AFFECTING THE PROPERTY.
SELLER MAKES NO REPRESENTATION OR WARRANTY
THAT THE PROPERTY COMPLIES WITH THE AMERICANS WITH DISABILITIES ACT OR ANY FIRE
CODE OR BUILDING CODE.
EXCEPT FOR ANY CLAIMS RESULTING FROM THE BREACH OF THE
EXPRESS REPRESENTATIONS AND WARRANTIES OF SELLER SET FORTH HEREIN AND IN THE
CLOSING DOCUMENTS, PURCHASER HEREBY RELEASES SELLER FROM ANY AND ALL LIABILITY
IN CONNECTION WITH ANY CLAIMS THAT PURCHASER MAY HAVE AGAINST SELLER, AND
PURCHASER HEREBY AGREES NOT TO ASSERT ANY CLAIMS FOR CONTRIBUTION, COST RECOVERY
OR OTHERWISE, AGAINST SELLER RELATING DIRECTLY OR INDIRECTLY TO THE EXISTENCE OF
ASBESTOS OR HAZARDOUS MATERIALS OR SUBSTANCES ON, OR ENVIRONMENTAL CONDITIONS
OF, THE PROPERTY, WHETHER KNOWN OR UNKNOWN.
AS USED HEREIN, THE TERMS
"HAZARDOUS SUBSTANCES" AND "HAZARDOUS MATERIALS OR SUBSTANCES" MEAN
(I) HAZARDOUS WASTES, HAZARDOUS SUBSTANCES, HAZARDOUS CONSTITUENTS, TOXIC
SUBSTANCES OR RELATED MATERIALS, WHETHER SOLIDS, LIQUIDS OR GASES, INCLUDING BUT
NOT LIMITED TO SUBSTANCES DEFINED AS "HAZARDOUS WASTES," "HAZARDOUS SUBSTANCES,"
"TOXIC SUBSTANCES," "POLLUTANTS," "CONTAMINANTS," "RADIOACTIVE MATERIALS," OR
OTHER SIMILAR DESIGNATIONS IN, OR OTHERWISE SUBJECT TO REGULATION UNDER, THE
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT OF 1980, AS
AMENDED, 42 U.S.C. §9601 ET SEQ.; THE TOXIC SUBSTANCE CONTROL ACT, 15 U.S.C.
§2601 ET SEQ.; THE HAZARDOUS MATERIALS TRANSPORTATION ACT, 49 U.S.C. §1802; THE
RESOURCE CONSERVATION AND RECOVERY ACT, 42 U.S.C. §9601. ET SEQ.; THE CLEAN
WATER ACT, 33 U.S.C. §1251; THE SAFE DRINKING WATER ACT, 42 U.S.C. §300F ET
SEQ.; THE CLEAN AIR ACT, 42 U.S.C. §7401 ET SEQ.; AND IN ANY PERMITS, LICENSES,
APPROVALS, PLANS, RULES, REGULATIONS OR ORDINANCES ADOPTED, OR OTHER CRITERIA
AND GUIDELINES PROMULGATED PURSUANT TO THE PRECEDING LAWS OR OTHER SIMILAR
FEDERAL, STATE OR LOCAL LAWS, REGULATIONS, RULES OR ORDINANCE NOW OR HEREAFTER
IN EFFECT RELATING TO ENVIRONMENTAL MATTERS (COLLECTIVELY, "ENVIRONMENTAL
LAWS"); AND (II) ANY OTHER SUBSTANCES, CONSTITUENTS OR WASTES SUBJECT TO ANY
APPLICABLE FEDERAL, STATE OR LOCAL LAW, REGULATION OR ORDINANCE, INCLUDING ANY
ENVIRONMENTAL LAW, NOW OR HEREAFTER IN EFFECT, INCLUDING BUT NOT LIMITED TO
(A) PETROLEUM, (B) REFINED PETROLEUM PRODUCTS, (C) WASTE OIL, (D) WASTE AVIATION
OR MOTOR VEHICLE FUEL, (E) MOLD AND (F) ASBESTOS.
PURCHASER ACKNOWLEDGES THAT,
HAVING BEEN GIVEN THE OPPORTUNITY TO INSPECT THE PROPERTY, EXCEPT FOR THE
REPRESENTATIONS, WARRANTIES AND
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COVENANTS