Hazardous Materials Waiver. (a) Except with regard to any liability on the part of Seller for a breach of Seller’s representations and warranties set forth in Section 5.1 of this Agreement and in recognition that Buyer has been in sole possession of the Real Property since the commencement of the Lease, Buyer hereby:
Hazardous Materials Waiver. Buyer, on behalf of itself, its successors and assigns, hereby releases Seller and its trustees, officers, directors, partners, employees, contractors, agents, subsidiaries and affiliates, and its and their respective successors and assigns (collectively, "Indemnitees") from and against any and all liabilities, claims, demands, suits, judgments, causes of action (including, but not limited to, causes of action arising under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. Sections 9601 et seq., and causes of action arising under Sections 25100 et seq. of the California Health and Safety Code), losses, costs, damages, injuries, penalties, enforcement actions, fines, taxes, remedial actions, removal and disposal costs, investigation and remediation costs and expenses (including, without limitation, attorneys' fees, litigation, arbitration and administrative proceeding costs, expert and consultant fees and laboratory costs), sums paid in settlement of claims, whether direct or indirect, known or unknown, arising out of, related in any way to, or resulting from or in connection with, in whole or in part, the presence or suspected presence of Hazardous Materials (defined below), in, on, under, or about the Property. In that connection, Buyer, on behalf of itself, its successors, assigns and successors-in-interest and such other persons and entities and after consultation with its counsel regarding the legal effect of this Section 9, waives the benefit of any statute or rule of law that limits the effectiveness of a release if the releasor did not know of the claims being released, including, without limitation, Section 1542 of the California Civil Code, which reads as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Hazardous Materials Waiver. Except with regard to any liability on the part of Seller for breach of Seller’s representations and warranties set forth in Section 8.1 of this Agreement or the documents delivered by Seller at Closing, Purchaser, on behalf of itself, its successors and assigns, hereby releases the Indemnitees from and against any and all Claims known or unknown, arising out of, related in any way to the presence, misuse, use, disposal, release or threatened release of any Hazardous Substances at the Property and any liability or Claim related to the Property arising under any Environmental Laws. Purchaser acknowledges that unknown and unsuspected Hazardous Substances may hereafter be discovered on or about the Property, and Purchaser knowingly releases Seller from any and all liability related thereto. The provisions of this Section 5.8 shall survive indefinitely any Closing or termination of this Agreement and shall not be merged into the Closing documents.
Hazardous Materials Waiver. Buyer, on behalf of itself, its successors and assigns, hereby releases the Indemnitees from and against any and all Claims known or unknown, arising out of related in any way to the presence, misuse, use, disposal, release or threatened release of any Hazardous Materials at the Project and any liability or Claim related to the Project arising under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, the Superfund Amendments and Reauthorization Act of 1986, the Resource Conservation and Recovery Act, and the Toxic Substance Control Act, all as amended, or any other state, local, or federal environmental law, rule or regulation. The foregoing release shall not be deemed to obligate Buyer to indemnify Seller for any claims against Seller by any governmental agency or any third party which is not a successor or assign of Purchaser. Buyer acknowledges that unknown and unsuspected Hazardous Materials may hereafter be discovered on or about the Project, and Buyer knowingly releases Seller from any and all liability related thereto. The provisions of this SECTION 5.3.5 shall survive indefinitely any Closing or termination of this Agreement and shall not be merged into the Closing documents.
Hazardous Materials Waiver. Buyer hereby agrees that, if at any time after the Closing, any third party or any governmental agency seeks to hold any Seller or Buyer responsible for the presence of, or any loss, cost or damage associated with Hazardous Materials (as hereinafter defined) in, on, above or beneath the Property or emanating therefrom, then Buyer shall, and hereby does, waive any rights it may have against any Seller or any Seller Affiliates in connection therewith including, without limitation, under CERCLA (defined below), and Buyer agrees that it shall not (a) implead any Seller, (b) bring a contribution action or similar action against any Seller, or (c) attempt in any way to hold any Seller responsible with respect to any such matter; provided, however, that nothing herein shall limit or interfere with Buyer's right (A) to pursue a claim against Seller for a breach of a representation and warranty set forth herein, subject to the terms and limitations set forth herein, or (B) to the benefit from any allocation of responsibility among responsible parties or potentially responsible parties resulting from action initiated by parties other than Buyer (including federal and state agencies) provided Buyer does not take any of the actions set forth in (a), (b) or (c) above. The provisions of this Section 8.04 shall survive the Closing. Nothing in the foregoing sentence shall be deemed a waiver of any claim by Buyer for breach of a representation or warranty expressly set forth in this Agreement or in the Transaction Documents (but only to the extent such claims are expressly permitted under this Agreement or the Transaction Documents, and in all cases subject to the limitations set forth in this Agreement or in the Transaction Documents, as applicable). As used herein, "Hazardous Materials" shall mean and include, but shall not be limited to any petroleum product and all hazardous or toxic substances, wastes or substances, any substances which because of their quantitated concentration, chemical, or active, flammable, explosive, infectious or other characteristics, constitute or may reasonably be expected to constitute or contribute to a danger or hazard to public health, safety or welfare or to the environment, including, without limitation, any hazardous or toxic waste or substances which are included under or regulated (whether now exiting or hereafter enacted or promulgated, as they may be amended from time to time) including, without limitation, the Comprehensive Enviro...
