OF THE PROPERTY OR ANY EXISTING OR
PROPOSED DEVELOPMENT OR CONDITION THEREOF (COLLECTIVELY "REGULATIONS"),
INCLUDING BUT NOT LIMITED TO ZONING, SUBDIVISION, ENVIRONMENTAL OR OTHER SUCH
REGULATIONS; THE NECESSITY OR AVAILABILITY OF ANY GENERAL OR SPECIFIC PLAN
AMENDMENTS, REZONING, ZONE VARIANCES, CONDITIONAL USE PERMITS, BUILDING PERMITS,
ENVIRONMENTAL IMPACT REPORTS, OR ANY OTHER GOVERNMENTAL PERMITS, APPROVALS OR
ACTS (COLLECTIVELY, THE "PERMITS"); THE ECONOMIC VALUE OF THE PROPERTY; THE
SIZE, DIMENSIONS, OR LOCATION OF THE PROPERTY; THE AVAILABILITY, FUNCTIONALITY
OR ADEQUACY OF ACCESS TO AND PARKING UPON THE PROPERTY, OR OF WATER,
ELECTRICITY, GAS, TELECOMMUNICATIONS SERVICE, SEWAGE OR ANY OTHER UTILITIES
SERVING THE PROPERTY; THE PRESENCE OR ADEQUACY OF INFRASTRUCTURE, SUBDRAIN OR
OTHER IMPROVEMENTS ON, NEAR OR CONCERNING THE PROPERTY; THE CONDITION OF SOILS
AND STRUCTURAL SOUNDNESS, COMPACTION, FOUNDATIONAL SUPPORT, OR SITE WORK DONE IN
CONNECTION WITH THE DEVELOPMENT OF THE PROPERTY; THE CONDITION OF ALL PHYSICAL
IMPROVEMENTS UPON AND THE CONDITION AND FUNCTIONALITY OF ALL EQUIPMENT, FIXTURES
AND FACILITIES UPON OR WITHIN THE PROPERTY, AND THE ARCHITECTURAL AND
ENGINEERING ELEMENTS OF ALL SUCH IMPROVEMENTS, EQUIPMENT AND FIXTURES, INCLUDING
WITHOUT LIMITATION THE ROOF, WALLS, FLOOR SLABS, WINDOWS AND FRAMES, MAN AND
VEHICLE DOORS, DRAINS, CONDUITS, ELECTRICAL SWITCHGEAR, LIGHTING, PLUMBING,
MECHANICAL, ELECTRICAL, FIRE AND LIFE SAFETY, AND HEATING AIR CONDITIONING AND
VENTILATION SYSTEMS, AND FLOOR AND WALL COVERINGS; ANY SURFACE, SOIL, SUBSOIL,
GEOLOGIC, SEISMIC, DRAINAGE, OR WATER OR MOISTURE CONDITIONS OR OTHER PHYSICAL
CONDITIONS OF OR AFFECTING THE PROPERTY, SUCH AS CLIMATE, DRAINAGE, AIR, WATER
OR MINERALS OR THE PRESENCE OR EXISTENCE OF ANY CONTAMINANTS OR "HAZARDOUS
MATERIALS" (AS DEFINED BELOW) ON, UNDER, IN OR AROUND THE PROPERTY; THE
EXISTENCE OF ANY SPECIAL ENVIRONMENTAL, HISTORICAL, TRANSPORTATION, OR OTHER
CONDITION OR REQUIREMENT ON, AFFECTING OR RELATED TO THE PROPERTY WHICH MIGHT
IMPAIR OR IMPOSE REQUIREMENTS OR COSTS UPON BUYER'S CONTEMPLATED USE OF OR
INVESTMENT IN THE PROPERTY; THE EXTENT OR CONDITION OF TITLE TO THE PROPERTY;
AND ALL OTHER MATTERS CONCERNING THE CONDITION, USE, DEVELOPMENT, SALE OR
LEASING OF THE PROPERTY, WHETHER KNOWN OR UNKNOWN. FOR PURPOSES OF THIS
AGREEMENT, "HAZARDOUS MATERIALS" SHALL MEAN SUBSTANCES DEFINED AS "HAZARDOUS
SUBSTANCES," "HAZARDOUS MATERIALS," OR "TOXIC SUBSTANCES" IN THE COMPREHENSIVE
ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT OF 1980, AS AMENDED, 42
U.S.C. SEC. 9601, ET. SEQ., THE HAZARDOUS MATERIALS TRANSPORTATION ACT, 49
U.S.C. SECTION 1901, ET. SEQ., THE RESOURCE CONSERVATION AND RECOVERY ACT, 42
U.S.C. SECTION 6901, ET. SEQ., AND THOSE SUBSTANCES DEFINED AS "HAZARDOUS
WASTES" IN SECTION 25117 OF THE CALIFORNIA HEALTH & SAFETY CODE OR AS "HAZARDOUS
SUBSTANCES" IN SECTION 25316 OF THE CALIFORNIA HEALTH & SAFETY CODE, AND IN THE
REGULATIONS ADOPTED AND PUBLICATIONS PROMULGATED PURSUANT TO SUCH LAWS, OR AS
SUCH LAWS OR REGULATIONS MAY BE FURTHER AMENDED, MODIFIED OR SUPPLEMENTED FROM
TIME TO TIME.
15
(b) Reliance Upon Reports and Investigations; As-Is. BUYER AGREES THAT SELLER
HAS NOT AND WILL NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE VARIOUS
REPORTS, PLANS AND SPECIFICATIONS, IF ANY, GIVEN BY SELLER OR SELLER'S AGENTS TO
BUYER, AND BUYER AGREES TO VERIFY AND ESTABLISH THE ACCURACY