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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 filet, and asbestos.
<br /> 3.3.3 Purchaser's failure to elect to waive the conditions pursuant to Section 1.4,
<br /> Section 4.1 or Section 4.2 shall be deemed an acknowledgment by Purchaser that
<br /> Purchaser has inspected the Property, is thoroughly acquainted with and accepts its
<br /> condition, and has reviewed, to the extent necessary, in its discretion, all the Property
<br /> Information and Seller shall not be liable or bound in any manner by any oral or written
<br /> information pertaining to the Property furnished by Seller, Seller's officers, employees,
<br /> agents or representatives.
<br /> 3.3.4 Upon closing, Purchaser shall assume the risk that adverse physical,
<br /> environmental, governmental compliance, geotechnical and other conditions from
<br /> whatever source may have been revealed by Purchaser's investigations, and Purchaser,
<br /> upon closing, shall be deemed to have waived, relinquished and released Seller, and
<br /> Seller's officers, employees, agents and representatives, from and against any and all
<br /> claims, demands, causes of action, losses, damages, liabilities, costs and expenses of any
<br /> kind or character, know or unknown, which Purchaser might have asserted or alleged
<br /> against Seller or Seller's officers, employees, agents and representatives at any time by
<br /> reason of or arising out of any latent or patent physical conditions, violations of
<br /> applicable laws (including without limitation any Environmental Laws) and any and all
<br /> other acts, omissions, events, circumstances or matters regarding the condition of the
<br /> Property.
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