SHALL SURVIVE THE CLOSING. Section 5.5. The provisions of the foregoing Sections 5.3 and 5.4 shall be deemed incorporated by reference and made a part of all documents or instruments delivered by Seller to Purchaser in connection with the consummation of the transactions contemplated herein.
SHALL SURVIVE THE CLOSING. Except with respect to those representations and warranties expressly set forth in this Agreement (a breach of which Purchaser may maintain an action in accordance with and subject to Article IX and Section 10.12 of this Agreement), it is specifically understood and agreed by Seller and Purchaser that Seller does not make, and shall not be deemed to have made, any representation, warranty or covenant with respect to (i) any Environmental Laws that may affect any of the Property or (ii) the presence or absence of any Hazardous or Toxic Substances in, on, above, under or about any of the Property. Purchaser, for itself and its successors in interest, hereby releases Seller and its Affiliates from, and waives all claims and liability against Seller and its Affiliates for or attributable to, any structural, physical and/or environmental condition at the Property, including without limitation the presence, discovery or removal of any Hazardous Substances or Toxic Substances in, at, about or under such Property, or connected with or arising out of any and all claims or causes of action based upon any Environmental Laws, including, without limitation, CERCLA (Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended by XXXX Superfund Amendment and Reauthorization Act of 1986 and as may be further amended from time to time) or any related claims or causes of action or any other federal or state based statutory or regulatory or other causes of action for environmental contamination at, in or under any Property. As used in this Section 3.14, (A) the term “Environmental Laws” means all federal, State and local laws, codes, ordinances, rules, orders and regulations now or hereafter in effect relating to pollution or the protection of the
SHALL SURVIVE THE CLOSING. 7.03 Purchaser acknowledges and agrees that the provisions of this Section 7 have been negotiated by the parties, have been reviewed by Purchaser and by an attorney selected by Purchaser and that Purchaser fully understands and accepts the provisions of this Section 7.
SHALL SURVIVE THE CLOSING. Buyer agrees to have its attorney execute this Agreement in order to effect this provision in accordance with Section 17.42 of the DTPA.
