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HARMLESS SELLER, AND, ITS PAST, PRESENT, AND FUTURE DIRECT AND <br />INDIRECT PARENTS, SUBSIDIARIES, AND AFFILIATES AND EACH OF THEIR <br />RESPECTIVE DIRECT AND INDIRECT SHAREHOLDERS, PARTNERS, MEMBERS, <br />AND LEGAL AND. BENEFICIAL OWNERS, AND EACH OF THEIR RESPECTIVE <br />DIRECTORS, OFFICERS, PRINCIPALS, MANAGERS, MEMBERS, CONTRACTORS, <br />EMPLOYEES (INCLUDING, WITHOUT LIMITATION, INDIVIDUALLY, RYAN <br />OGULNICK, JEREMEY OGULNICK, RACHEL OGULNICK, CHRIS LEE, RAY <br />WIRTA, AND DUROSS O'BRIAN), TRUSTS, TRUSTEES, AGENTS, <br />REPRESENTATIVES, HEIRS, BENEFICIARIES, ALTER EGOS, ATTORNEYS, <br />INSURERS, AND UNDERWRITERS AND THE PREDECESSORS, SUCCESSORS <br />AND ASSIGNS OF THE FOREGOING AND EACH OF THEM, AND ALL PERSONS <br />ACTING BY, THROUGH, UNDER OR IN CONCERT WITH SUCH PERSONS <br />(COLLECTIVELY, THE "'SELLER PARTIES"), FROM AND AGAINST ANY AND <br />ALL DEBTS, DUTIES, OBLIGATIONS, LIABILITIES, SUITS, CLAIMS, DEMANDS, <br />CAUSES OF ACTION, DAMAGES, LOSSES, FEES AND EXPENSES (INCLUDING, <br />WITHOUT LIMITATION, ATTORNEYS' FEES AND EXPENSES AND COURT <br />COSTS) IN ANY WAY ARISING OUT OF, RELATING TO, OR IN CONNECTION <br />WITH, PURCHASER'S INSPECTION, ACQUISITION, OWNERSHIP, LEASING, USE, <br />OPERATION; MANAGEMENT, AND/OR MAINTENANCE OF THE PROPERTY AT <br />ANY TIME, °AND ANY OTHER MATTERS WITH RESPECT TO THE PROPERTY; <br />INCLUDING, WITHOUT LIMITATION, THOSE ARISING OUT OF ANY SELLER <br />PARTY'S OWN ACTS OR'OMISSIONS, WHETHER NEGLIGENT OR INTENTIONAL <br />("LIABILITIES"). <br />5.4. Waiver and Release. <br />5.4.1. • AS .PART- OF , PURCHASER'S AGREEMENT TO PURCHASE AND <br />ACCEPT THE PROPERTY: ON AN "AS IS, WHERE IS, WITH ALL FAULTS, <br />LIABILITIES, DEFICIENCIES, AND DEFECTS, PATENT, LATENT OR <br />OTHERWISE, KNOWN OR UNKNOWN" BASIS, AND NOT AS A <br />LIMITATION ON.+.: SUCH AGREEMENT, PURCHASER HEREBY <br />UNCONDITIONALLY, AND IRREVOCABLY WAIVES ANY AND ALL ACTUAL <br />OR POTENTIAL -RIGHTS PURCHASER MIGHT HAVE REGARDING ANY <br />FORM OF WARRANTY,. EXPRESS OR IMPLIED, OF ANY KIND OR TYPE, <br />RELATING TO THE PROPERTY. SUCH WAIVER IS ABSOLUTE, COMPLETE, <br />TOTAL, AND UNLIMITED IN EVERY WAY. SUCH WAIVER INCLUDES, BUT <br />IS NOT LIMITED TO; A ° WAIVER OF EXPRESS WARRANTIES, IMPLIED <br />WARRANTIES,.WARRANTIES OF FITNESS FOR A PARTICULAR USE OR. <br />PURPOSE, WARRANTIES OF MERCHANTABILITY,. WARRANTIES OF <br />HABITABILITY, STRICT -LIABILITY RIGHTS, AND CLAIMS, LIABILITIES, <br />DEMANDS, OR CAUSES OF ACTION OF EVERY KIND AND TYPE; WHETHER <br />STATUTORY, ; CONTRACTUAL, ADMINISTRATIVE,. OR UNDER TORT <br />PRINCIPLES, AT LAW OR IN EQUITY, INCLUDING, BUT NOT LIMITED TO, <br />CLAIMS REGARDING', DEFECTS WHICH MIGHT HAVE BEEN <br />DISCOVERABLE, CLAIMS REGARDING DEFECTS WHICH WERE NOT OR <br />ARE NOT DISCOVERABLE, PRODUCT LIABILITY CLAIMS, PRODUCT <br />LIABILITY TYPE CLAIMS, ALL OTHER EXTANT OR LATER CREATED OR <br />CONCEIVED OF STRICT. LIABILITY OR STRICT LIABILITY TYPE CLAIMS <br />FZ1-11109 i <br />