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a. Seller has not made any written or oral representations or warranties of any kind
<br />with respect to the Property (including without limitation express or implied
<br />warranties of title, merchantability, or fitness for a particular purpose);
<br />b. Buyer has not relied on any written or oral representation or warranty made by
<br />Seller, its agents or employees with respect to the condition or value of the
<br />Property;
<br />c. Buyer has had an adequate opportunity to inspect the condition of the Property,
<br />including without limitation any environmental testing, and to inspect documents
<br />applicable thereto, and Buyer is relying solely on such inspection and testing; and
<br />d. The condition of the Property is fit for Buyer's intended use.
<br />e. Buyer accepts all risk of Claims (including without limitation all Claims under
<br />any Environmental Law and all Claims arising at common law, in equity or under
<br />a federal, state or local statute, rule or regulation) whether past, present or future,
<br />existing or contingent, known or unknown, arising out of, resulting from or
<br />relating to the condition of the Property, known or unknown, contemplated or
<br />uncontemplated, suspected or unsuspected, including without limitation the
<br />presence of any Hazardous Substance on the Property, whether such Hazardous
<br />Substance is located on or under the Property, or has migrated from or to the
<br />Property.
<br />9. INSPECTION.
<br />a. Buyer has inspected the Property and determined that the condition of the Property is
<br />suitable to Buyer's intended use.
<br />10. DEFINITIONS. As used in this Agreement:
<br />"Claim" or "Claims" means any and all liabilities, suits, claims, counterclaims, causes of
<br />action, demands, penalties, debts, obligations, promises, acts, fines, judgments, damages,
<br />consequential damages, losses, costs, and expenses of every kind (including without
<br />limitation any attorney's fees, consultant's fees, costs, remedial action costs, cleanup
<br />costs and expenses which may be related to any claims).
<br />"Environmental Law" means the Comprehensive Environmental Response,
<br />Compensation and Liability Act ("CERCLA"), 42 U.S.C. § 9601 et seq., the Resource
<br />Conservation and Recovery Act, 42 U.S.C. § 6901 et seq., the Federal Water Pollution
<br />Control Act (the Clean Water Act), 33 U.S.C. § 1251 et seq. the Clean Air Act, 42
<br />U.S.C. § 7401 et seq., and the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq., all
<br />as amended from time to time, and any other federal, state, local or other governmental
<br />statute, regulation, rule, law or ordinance dealing with the protection of human health,
<br />safety, natural resources or the environment now existing or hereafter enacted.
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