ON BEHALF OF ITSELF AND ITS SUCCESSORS AND ASSIGNS, HEREBY WAIVES ITS
RIGHT TO RECOVER FROM, AND FOREVER RELEASES AND
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DISCHARGES, SELLER AND ALL SELLER RELATED PARTIES FROM ANY AND ALL DEMANDS,
CLAIMS, LEGAL OR ADMINISTRATIVE PROCEEDINGS, LOSSES, LIABILITIES, DAMAGES,
PENALTIES, FINES, LIENS, JUDGMENTS, COSTS OR EXPENSES WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, ATTORNEYS' FEES AND COSTS), WHETHER DIRECT OR INDIRECT,
KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN ("CLAIMS"), WHICH ANY BUYER OR ANY
PARTY RELATED TO OR AFFILIATED WITH BUYER (A "BUYER RELATED PARTY") HAS OR MAY
HAVE ARISING FROM OR RELATED TO ANY MATTER OR THING RELATED TO OR IN CONNECTION
WITH THE PROPERTY INCLUDING THE DOCUMENTS AND INFORMATION REFERRED TO HEREIN,
THE LEASES, AND ANY OF THE TENANTS THEREUNDER, ANY CONSTRUCTION DEFECTS, ERRORS
OR OMISSIONS IN THE DESIGN OR CONSTRUCTION AND ANY ENVIRONMENTAL CONDITIONS OR
ANY OTHER MATTER RELATING TO THE USE, PRESENCE, DISCHARGE OR RELEASE OF
HAZARDOUS MATERIALS ON, UNDER, IN, ABOVE OR ABOUT THE PROPERTY, AND BUYER SHALL
NOT LOOK TO ANY SELLER RELATED PARTIES IN CONNECTION WITH THE FOREGOING FOR ANY
REDRESS OR RELIEF. THIS RELEASE SHALL BE GIVEN FULL FORCE AND EFFECT ACCORDING
TO EACH OF ITS EXPRESSED TERMS AND PROVISIONS, INCLUDING THOSE RELATING TO
UNKNOWN AND UNSUSPECTED CLAIMS, DAMAGES AND CAUSES OF ACTION. THE FOREGOING
PROVISIONS OF THIS SECTION 8.4 SHALL NOT LIMIT, HOWEVER, THE RIGHTS OF BUYER BY
REASON OF ANY BREACH BY SELLER OF SELLER'S EXPRESS OBLIGATIONS UNDER THIS
AGREEMENT EXCEPT TO THE EXTENT THAT SUCH BREACH WAS KNOWN BY BUYER AT OR PRIOR
TO CLOSING AND BUYER ELECTED TO CLOSE HEREUNDER NOTWITHSTANDING THE KNOWLEDGE OF
SUCH BREACH. IN NO EVENT SHALL BUYER HAVE THE RIGHT TO CLAIM ANY DAMAGES, LOSS,
COST OR EXPENSE FROM SELLER AS A RESULT OF ANY BREACH BY SELLER KNOWN TO BUYER
AT OR PRIOR TO CLOSING SHOULD BUYER ELECT TO CLOSE HEREUNDER. TO THE EXTENT
PERMITTED BY LAW, BUYER HEREBY AGREES, REPRESENTS AND WARRANTS THAT BUYER
REALIZES AND ACKNOWLEDGES THAT FACTUAL MATTERS NOW UNKNOWN TO IT MAY HAVE GIVEN
OR MAY HEREAFTER GIVE RISE TO CAUSES OF ACTION, CLAIMS, DEMANDS, DEBTS,
CONTROVERSIES, DAMAGES, COSTS, LOSSES AND EXPENSES WHICH ARE PRESENTLY UNKNOWN,
UNANTICIPATED AND UNSUSPECTED, AND BUYER FURTHER AGREES, REPRESENTS AND WARRANTS
THAT THE WAIVERS AND RELEASES HEREIN HAVE BEEN NEGOTIATED AND AGREED UPON IN
LIGHT OF THAT REALIZATION AND THAT BUYER NEVERTHELESS HEREBY INTENDS TO RELEASE,
DISCHARGE AND ACQUIT SELLER FROM ANY SUCH UNKNOWN CAUSES OF ACTION, CLAIMS,
DEMANDS, DEBTS, CONTROVERSIES, DAMAGES, COSTS, LOSSES AND EXPENSES WHICH MIGHT
IN ANY WAY BE INCLUDED AS A MATERIAL PORTION OF THE CONSIDERATION GIVEN TO
SELLER BY BUYER IN EXCHANGE FOR SELLER'S PERFORMANCE HEREUNDER. WITHOUT
LIMITATION OF THE FOREGOING, IF BUYER HAS ACTUAL KNOWLEDGE OF (I) A DEFAULT IN
ANY OF THE COVENANTS, AGREEMENTS OR OBLIGATIONS TO BE PERFORMED BY SELLER UNDER
THIS AGREEMENT AND/OR (II) ANY BREACH OF OR
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INACCURACY IN ANY REPRESENTATION OF SELLER MADE IN THIS AGREEMENT WHICH WOULD
ENTITLE BUYER TO TERMINATE THIS AGREEMENT, AND NONETHELESS ELECTS TO