Common use of Soil Conditions Clause in Contracts

Soil Conditions. County makes no covenants or warranties respecting the condition of the soil, or sub‐soil, or any other condition of the premises. Tenant hereby understands and acknowledges that the premises are within the area known as "Ordnance Road Area". It is suspected that the United States army buried former war materials, including without limitation, gas ampoules and ammunition, in and around Ordnance Road Area. Tenant further acknowledges that in the past County has encountered such materials when excavating in areas that comprised the former army Air Field. Tenant further acknowledges that County has made no representations to Tenant as to the risks associated with excavating native versus non‐native soils, nor has County represented to Tenant, what areas of the premises or the Airport have been previously excavated. County represents that it has not withheld and will not withhold from Tenant, and adverse information requested by Tenant in the possession of County relating specifically to the Premises with respect to the condition of the soil, or sub‐soil, or any other condition of the Premises. Tenant hereby releases County from any and all claims Tenant may have against County respecting the condition of the sub‐soil, or any other condition of the Premises, as well as any and all claims Tenant may have against County for the existence of any former war materials buried on or about County property, except and excluding any and all claims relating to or arising from any Hazardous materials, other than any former war materials, which are or were existing, released, or discharged on, to, or in the premises at any time prior to the Commencement Date. Tenant expressly waives the benefits of Civil Code §1542, which provides as follows: "A general release does not extend to claims which the creditor does not know or expect 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."

Soil Conditions. County makes no covenants or warranties respecting the condition of the soil, or sub‐soilsub-soil, or any other condition of the premisesPremises. Tenant hereby understands and acknowledges that the premises Premises are within the area known know as "Ordnance Road Area". It is suspected that the United States army Army buried former war materials, including without limitation, gas ampoules ampules and ammunition, in and around Ordnance Road Area. Tenant further acknowledges that in the past County has encountered such materials when excavating in areas that comprised the former army Army Air Field. Tenant further acknowledges that County has made no representations to Tenant as to the risks associated with excavating native versus non‐native non-native soils, nor has County represented to Tenant, what areas of the premises Premises or the Airport have been previously excavated. County represents that it has not withheld and will not withhold from Tenant, and any adverse information requested by Tenant in the possession of County relating specifically to the Premises with respect to the condition of the soil, or sub‐soilsub-soil, or any other condition of the Premises. Tenant hereby releases County from any and all claims Tenant may have against County respecting the condition of the sub‐soilsubsoil, or any other condition of the Premises, as well as any and all claims Tenant may have against County for the existence of any former war materials buried on or about County property, except and excluding any and all claims relating to or arising from any Hazardous materialsMaterials, other than any former war materials, . which are or were existing, released, or discharged on, to, or in the premises Premises at any time prior to the Commencement Date. Tenant expressly waives the benefits of Civil Code §1542, which provides as follows: "A general release does not extend to claims which the creditor does not know or expect 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."