Common use of Longbow’s Release Clause in Contracts

Longbow’s Release. Except for claims based on breach of LURA’s representations herein. Longbow, for itself and Longbow’s successors, lessees and assigns (collectively, “Longbow’s Assigns”), hereby releases ▇▇▇▇ and ▇▇▇▇’▇ successors and assigns (collectively, “LURA’s Assigns”) from, and waives, any and all claims and liabilities against ▇▇▇▇ and ▇▇▇▇’▇ Assigns for, related to, or in connection with, any prior or current environmental or physical condition of the County Office (or the presence of any matter or substance relating to the environmental condition of the County Office), including, but not limited to, claims and/or liabilities relating (in any manner whatsoever) to any hazardous, toxic or dangerous materials or substances previously or now located in, at, about or under the County Office, or for any and all claims or causes of action (actual or threatened) based upon, in connection with, or arising out of, the Federal Comprehensive Environmental Response, Compensation, and Liability Act, as amended, and as it may be further amended from time to time, the Federal Resource Conservation and Recovery Act, as amended and as it may be further amended from time to time, the Colorado Hazardous Waste Act, as amended, and as it may be further amended from time to time, or any other claim or cause of action (including any federal or state-based statutory, regulatory or common law cause of action) related to environmental matters or liability with respect to, or affecting, the County Office. Upon Closing, Longbow and Longbow’s Assigns shall assume the risk that adverse matters, including, but not limited to, constaiction defects and adverse physical and environmental conditions, may not have been revealed by Longbow’s investigations, and upon Closing Longbow and Longbow’s Assigns shall be deemed to have waived, relinquished and released ▇▇▇▇ and LURA’s Assigns from and against any and all claims, demands, causes of action (including causes of action in tort), losses, damages, liabilities, costs and expenses (including attorney fees and court costs) of any and every kind or character, known or unknown, which Longbow or Longbow’s Assigns might have asserted or alleged against ▇▇▇▇, at any time by reason of or arising out of any latent or patent construction defects or physical conditions, violations of any applicable laws (including, without limitation, any environmental laws) and any and all other acts, omissions, events, circumstances or matters regarding the County Office, with the exception of claims based on breach of LURA’s express representations herein. Longbow acknowledges and agrees that the waivers, releases and other provisions contained herein were a material factor in LURA’s conveyance of the County Office to Longbow. ▇▇▇▇ is unwilling to convey the County Office to Longbow unless ▇▇▇▇ is released as expressly set forth above. Longbow further acknowledges and agrees that the waivers, releases and other provisions contained herein were a material factor in LURA’s agreement to convey the County Office to Longbow. Longbow, with its counsel, has fully reviewed the disclaimers and waivers set forth in this Agreement, and understands the significance and effect thereof. The tenns and conditions of this section will expressly suiwive Closing and will not merge with the provisions of any Closing documents, and shall survive any tennination of this Agreement.

Longbow’s Release. Except for claims based on breach of LURA’s representations herein. , Longbow, for itself and Longbow’s successors, lessees and assigns (collectively, “Longbow’s Assigns”), hereby releases ▇▇▇▇ and ▇▇▇▇’▇ successors and assigns (collectively, “LURA’s Assigns”) from, and waives, any and all claims and liabilities against ▇▇▇▇ and ▇▇▇▇’▇ Assigns for, related to, or in connection with, any prior or current environmental or physical condition of the County Office (or the presence of any matter or substance relating to the environmental condition of the County Office), including, but not limited to, claims and/or liabilities relating (in any manner whatsoever) to any hazardous, toxic or dangerous materials or substances previously or now located in, at, about or under the County Office, or for any and all claims or causes of action (actual or threatened) based upon, in connection with, or arising out of, the Federal Comprehensive Environmental Response, Compensation, and Liability Act, as amended, and as it may be further amended from time to time, the Federal Resource Conservation and Recovery Act, as amended and as it may be further amended from time to time, the Colorado Hazardous Waste Act, as amended, and as it may be further amended from time to time, or any other claim or cause of action (including any federal or state-based statutory, regulatory or common law cause of action) related to environmental matters or liability with respect to, or affecting, the County Office. Upon Closing, Longbow and Longbow’s Assigns shall assume the risk that adverse matters, including, but not limited to, constaiction construction defects and adverse physical and environmental conditions, may not have been revealed by Longbow’s investigations, and upon Closing Longbow and Longbow’s Assigns shall be deemed to have waived, relinquished and released ▇▇▇▇ and LURA’s Assigns from and against any and all claims, demands, causes of action (including causes of action in tort), losses, damages, liabilities, costs and expenses (including attorney fees and court costs) of any and every kind or character, known or unknown, which Longbow or Longbow’s Assigns might have asserted or alleged against ▇▇▇▇, at any time by reason of or arising out of any latent or patent construction defects or physical conditions, violations of any applicable laws (including, without limitation, any environmental laws) and any and all other acts, omissions, events, circumstances or matters regarding the County Office, with the exception of claims based on breach of LURA’s express representations herein. Longbow acknowledges and agrees that the waivers, releases and other provisions contained herein were a material factor in LURA’s conveyance of the County Office to Longbow. ▇▇▇▇ is unwilling to convey the County Office to Longbow unless ▇▇▇▇ is released as expressly set forth above. Longbow further acknowledges and agrees that the waivers, releases and other provisions contained herein were a material factor in LURA’s agreement to convey the County Office to Longbow. Longbow, with its counsel, has fully reviewed the disclaimers and waivers set forth in this Agreement, and understands the significance and effect thereof. The tenns terms and conditions of this section will expressly suiwive survive Closing and will not merge with the provisions of any Closing documents, and shall survive any tennination termination of this Agreement.