AGREEMENT, PURCHASER IS NOT RELYING AND SHALL NOT RELY ON
ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, WHETHER EXPRESS,
IMPLIED, STATUTORY OR OTHERWISE, FROM THE OPERATING LESSEE, ANY SELLER OR ANY
OTHER PERSON AS TO ANY MATTERS CONCERNING THE PROPERTIES, INCLUDING, WITHOUT
LIMITATION: (A) THE CONDITION OR SAFETY OF THE PROPERTIES, INCLUDING, BUT NOT
LIMITED TO, PLUMBING, SEWER, HEATING AND ELECTRICAL SYSTEMS, ROOFING, AIR
CONDITIONING, FOUNDATIONS, SOILS AND GEOLOGY INCLUDING HAZARDOUS SUBSTANCES, LOT
SIZE, OR SUITABILITY OF THE PROPERTY FOR A PARTICULAR PURPOSE; (B) WHETHER THE
APPLIANCES, IF ANY, PLUMBING OR UTILITIES AND ANY ASSOCIATED METERS ARE IN
WORKING ORDER; (C) THE LIVABILITY OR SUITABILITY FOR OCCUPANCY OF ANY STRUCTURE
AND THE QUALITY OF ITS CONSTRUCTION; (D) THE FITNESS OF ANY PERSONAL PROPERTY;
OR (E) THE PHYSICAL CONDITION OF THE PROPERTIES, INCLUDING, WITHOUT LIMITATION,
WHETHER THE IMPROVEMENTS ARE STRUCTURALLY SOUND, IN GOOD CONDITION, OR IN
COMPLIANCE WITH APPLICABLE CITY, COUNTY, STATE OR FEDERAL STATUTES, CODES OR
ORDINANCES. PURCHASER FURTHER ACKNOWLEDGES AND AGREES THAT, EXCEPT AS EXPRESSLY
PROVIDED IN THIS AGREEMENT, NEITHER THE OPERATING LESSEE NOR ANY SELLER SHALL BE
UNDER ANY DUTY TO MAKE ANY AFFIRMATIVE DISCLOSURE REGARDING ANY MATTER WHICH MAY
BE KNOWN TO SUCH PARTY, ITS OFFICERS, DIRECTORS, CONTRACTORS, AGENTS OR
EMPLOYEES, AND THAT PURCHASER IS RELYING SOLELY UPON ITS OWN INSPECTION OF THE
PROPERTY AND ITS OTHER DILIGENCE AND NOT UPON ANY REPRESENTATIONS MADE TO IT BY
ANY PERSON WHOMSOEVER. ANY REPORTS, REPAIRS OR WORK REQUIRED BY PURCHASER ARE TO
BE THE SOLE RESPONSIBILITY OF PURCHASER AND PURCHASER AGREES THAT THERE IS NO
OBLIGATION ON THE PART OF THE OPERATING LESSEE OR ANY SELLER TO MAKE ANY
CHANGES, ALTERATIONS, OR REPAIRS TO ANY PROPERTY, PROVIDED THAT NOTHING HEREIN
SHALL BE DEEMED TO DEROGATE FROM THE SELLERS' OBLIGATIONS SET FORTH IN THE FIRST
SENTENCE OF SECTION 13.1. PURCHASER AGREES AND ACKNOWLEDGES THAT PURCHASER'S
OBLIGATIONS HEREUNDER SHALL REMAIN IN FULL FORCE AND EFFECT WITH PURCHASER
HAVING NO RIGHT TO DELAY THE CLOSING OR
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TERMINATE THIS AGREEMENT, EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT,
REGARDLESS OF ANY FACTS OR INFORMATION LEARNED BY PURCHASER BEFORE OR AFTER THE
EFFECTIVE DATE.
8.2 CERCLA Release. Except as may be expressly provided in this
Agreement, Purchaser, for itself and its successors in interest, hereby releases
the Operating Lessee, each Seller and their respective affiliates from, and
waives all claims and liability against the Operating Lessee, each Seller and
their respective affiliates for or attributable to, any structural, physical
and/or environmental condition at any Property, including without limitation the
presence, discovery or removal of any Hazardous Substances in, at, about or
under such Property, or connected with or arising out of any and all claims or
causes of action based upon CERCLA (Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, as amended by SARA Superfund Amendment
and Reauthorization Act of 1986 and as may be further amended from time to time)
or any related claims or causes of action or any other federal or state based
statutory or regulatory or other