FORTH IN THIS SECTION
4.2. PURCHASER HAS FULLY REVIEWED THE DISCLAIMERS, WAIVERS AND OTHER AGREEMENTS
SET FORTH IN THIS SECTION 4.2 AND ELSEWHERE IN THIS AGREEMENT AND UNDERSTANDS
THE SIGNIFICANCE AND EFFECT THEREOF.
(e)
PURCHASER HEREBY REPRESENTS AND WARRANTS TO SELLER THAT: (A) PURCHASER IS
NOT IN A SIGNIFICANTLY DISPARATE BARGAINING POSITION IN RELATION TO SELLER;
(B) PURCHASER IS REPRESENTED BY COMPETENT LEGAL COUNSEL IN CONNECTION WITH THE
TRANSACTION CONTEMPLATED BY THIS AGREEMENT; AND (C) PURCHASER IS PURCHASING THE
ASSET FOR BUSINESS, COMMERCIAL, INVESTMENT OR OTHER SIMILAR PURPOSE AND NOT FOR
USE AS PURCHASER'S RESIDENCE.
(f)
EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN AND SUBJECT TO THE TERMS,
CONDITIONS AND LIMITATIONS OF THIS AGREEMENT, AND ANY OF THE CLOSING DOCUMENTS,
EFFECTIVE AS OF THE CLOSING, PURCHASER AND ANYONE CLAIMING BY, THROUGH OR UNDER
PURCHASER (EACH A "RELEASING PARTY") HEREBY WAIVES ITS RIGHT TO RECOVER FROM AND
FULLY AND IRREVOCABLY RELEASES SELLER AND ITS RESPECTIVE EMPLOYEES, OFFICERS,
DIRECTORS, REPRESENTATIVES, REAL ESTATE BROKERS (INCLUDING BROKER), AGENTS,
SERVANTS, ATTORNEYS, AFFILIATES, PARENTS, SUBSIDIARIES, SUCCESSORS AND ASSIGNS
(COLLECTIVELY, THE "RELEASED PARTIES") FROM ANY AND ALL CLAIMS THAT PURCHASER OR
ANY SUCH OTHER RELEASING PARTY MAY NOW HAVE OR HEREAFTER ACQUIRE, DIRECT OR
INDIRECT, AND WHETHER CONTINGENT, CONDITIONAL OR OTHERWISE, AGAINST ANY OF THE
RELEASED PARTIES, AND EACH OF THEM, ARISING FROM OR RELATED TO (A) THE CONDITION
(INCLUDING ANY CONSTRUCTION DEFECTS, ERRORS, OMISSIONS OR OTHER CONDITIONS,
LATENT OR OTHERWISE, AND THE PRESENCE IN THE SOIL, AIR, STRUCTURES AND SURFACE
AND SUBSURFACE WATERS OF MATERIALS OR SUBSTANCES THAT HAVE BEEN OR MAY IN THE
FUTURE BE DETERMINED TO BE HAZARDOUS SUBSTANCES OR OTHERWISE TOXIC, HAZARDOUS,
UNDESIRABLE OR SUBJECT TO REGULATION AND THAT MAY NEED TO BE SPECIALLY TREATED,
HANDLED OR REMOVED FROM THE ASSET UNDER CURRENT OR FUTURE ENVIRONMENTAL LAWS, OR
THAT MIGHT AFFECT VALUATION, SALABILITY OR UTILITY OF THE ASSET, OR ITS
SUITABILITY FOR ANY PURPOSE WHATSOEVER AS OF OR AT ANY TIME AFTER THE CLOSING
DATE, AND (B) ANY INFORMATION FURNISHED BY, ANY STATEMENT MADE BY OR ANY ACT OR
OMISSION OF ANY ONE OR MORE OF THE RELEASED PARTIES UNDER OR IN CONNECTION WITH
THIS AGREEMENT. THIS RELEASE INCLUDES CLAIMS OF WHICH PURCHASER OR ANY OTHER
RELEASING PARTY IS NOW UNAWARE OR WHICH PURCHASER OR ANY OTHER RELEASING PARTY
DOES NOT SUSPECT TO EXIST WHICH, IF KNOWN BY PURCHASER OR ANY OTHER RELEASING
PARTY, WOULD MATERIALLY AFFECT THE RELEASE OF SELLER AND THE OTHER RELEASED
PARTIES BY THE RELEASING PARTIES. IN THIS CONNECTION AND TO THE EXTENT PERMITTED
BY LAW, PURCHASER HEREBY AGREES, REPRESENTS AND WARRANTS THAT PURCHASER
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AND EACH OF THE OTHER RELEASING PARTIES REALIZES AND ACKNOWLEDGES THAT FACTUAL
MATTERS NOW UNKNOWN TO PURCHASER OR ANY OTHER RELEASING PARTY MAY HAVE GIVEN OR
MAY HEREAFTER GIVE RISE TO CLAIMS WHICH ARE PRESENTLY UNKNOWN, UNANTICIPATED AND
UNSUSPECTED, AND PURCHASER FURTHER AGREES, REPRESENTS AND WARRANTS THAT THE
WAIVERS AND RELEASES HEREIN HAVE BEEN NEGOTIATED AND AGREED UPON IN LIGHT OF
THAT REALIZATION AND ARE REFLECTED IN THE PURCHASE PRICE, AND THAT EACH