|
Except as specifically set forth herein, Purchaser acknowledges and agrees that Seller has
<br />not made any independent investigation or verification of, nor has any knowledge of, the
<br />accuracy or completeness of any of the Property Information and the Property
<br />Information is being furnished to Purchaser at its request and for the convenience of
<br />Purchaser. Purchaser is relying solely on its own investigations of the Property and is not
<br />relying in any way on Property Information furnished by Seller. Seller expressly
<br />disclaims any representations or warranties with respect to the accuracy or completeness
<br />of the Property Information and any duty of disclosure provided in this Agreement, and
<br />Purchaser releases Seller and Seller's officers, employees, agents and representatives,
<br />from any and all liability with respect to the Property Information and the Property,
<br />except for the warranty of title set forth in the special warranty deed delivered at Closing.
<br />3.3.2 Purchaser acknowledges that it is purchasing the Property based solely on
<br />its inspection and investigation of the Property and that Purchaser will be purchasing the
<br />Property "AS IS" and "WITH ALL FAULTS" based upon the condition of the Property
<br />as of the date of the Closing. Without limiting the foregoing, Purchaser acknowledges
<br />that, except as expressly set forth in this Agreement, Seller, its officers, employees,
<br />agents and representatives have not made, do not make and specifically negate and
<br />disclaim any representations, warranties, promises, covenants, agreements or guaranties
<br />of any kind or character whatsoever, whether express or implied, oral or written, with
<br />respect to the Property, including, without limitation, the condition of the Land, the
<br />existence or nonexistence of Hazardous Materials (defined below), water or water rights,
<br />development rights, taxes, bonds, covenants, conditions and restrictions, topography,
<br />drainage, soil, subsoil, utilities, zoning, or other rules and regulations affecting the
<br />Property. SELLER MAKES NO WARRANTY OR REPRESENTATION, EXPRESS
<br />OR IMPLIED, OR ARISING BY OPERATION OF LAW, INCLUDING, BUT NOT
<br />LIMITED TO, ANY WARRANTY OF CONDITION, HABITABILITY,
<br />MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH
<br />RESPECT TO THE PROPERTY. As used herein, the term "Hazardous Materials"
<br />means (i) hazardous wastes, hazardous substances, hazardous constituents, toxic
<br />substances or related materials, whether solids, liquids or gases, including, but not limited
<br />to substances defined as "hazardous wastes," "hazardous substances," "toxic substances,"
<br />"pollutants," "contaminants," "radioactive materials," or other similar designations in, or
<br />otherwise subject to regulation under the Comprehensive Environmental Response,
<br />Compensation and Liability Act of 1980, as amended, 42 U.S.C. § 9601 et seq.; the Toxic
<br />Substance Control Act, 15 U.S.C. § 2601 et seq.; the Hazardous Materials Transportation
<br />Act, 49 U.S.C. § 1802; the Resource Conservation and Recovery Act, 42 U.S.C. § 9601
<br />et seq.; the Clean Water Act, 33 U.S.C. § 1251 et seq.; the Safe Drinking Water Act, 42
<br />U.S.C. § 300(0 et seq.; the Clean Air Act, 42 U.S.C. § 7401 et seq.; and in any permits,
<br />licenses, approvals, plans, rules, regulations or ordinance adopted, or other criteria and
<br />guidelines promulgated pursuant to the preceding laws or other similar federal, state or
<br />local laws, regulations, rules or ordinances now or hereafter in effect relating to
<br />environmental matters (collectively the "Environmental Laws "); and (ii) any other
<br />substances, constituents or wastes subject to any applicable federal, state or local law,
<br />regulation or ordinance, including any Environmental Law now or hereafter in effect,
<br />including but not limited to petroleum, refined petroleum products, waste oil, waste
<br />aviation or motor vehicle fuel, and asbestos.
<br />4
<br />
|