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AND RIGHTS, AND ANY AND ALL CLAIMS UNDER CERCLA AND RCRA OR <br />ANY OTHER ENVIRONMENTAL REQUIREMENT. <br />5.4.2. PURCHASER HEREBY FULLY AND FOREVER RELEASES, ACQUITS <br />AND DISCHARGES SELLER AND EACH OF THE SELLER PARTIES, OF AND <br />FROM, AND HEREBY FULLY AND FOREVER WAIVES ANY AND ALL <br />CLAIMS, ADMINISTRATIVE CLAIMS, DEMANDS, ACTIONS, CAUSES OF <br />ACTION, DISPUTES, OBLIGATIONS, JUDGMENTS, VERDICTS, DAMAGES, <br />LIABILITIES, FEES (INCLUDING ATTORNEYS' FEES), COSTS, EXPENSES, <br />COMPENSATION, DUES, AND DEBTS, IN EACH CASE, WHETHER ACTUAL <br />OR POTENTIAL, WHETHER KNOWN OR UNKNOWN, DIRECT OR INDIRECT, <br />FORESEEABLE OR UNFORESEEABLE, ABSOLUTE OR CONTINGENT, THAT <br />PURCHASER NOW HAS OR MAY HAVE OR WHICH MAY ARISE IN THE <br />FUTURE ARISING OUT OF, DIRECTLY OR INDIRECTLY, OR IN ANY WAY <br />CONNECTED WITH THE PROPERTY OR ANY OTHER MATTERS RELATING <br />TO THE PROPERTY, INCLUDING, WITHOUT LIMITATION: (A) ANY <br />CONDITION OF ENVIRONMENTAL CONTAMINATION OR POLLUTION AT <br />THE PROPERTY, HOWEVER AND WHENEVER OCCURRING (INCLUDING, <br />WITHOUT LIMITATION, THE CONTAMINATION OR POLLUTION OF ANY <br />SOILS, SUBSOIL MEDIA, SURFACE WATERS OR GROUNDWATERS AT THE <br />PROPERTY) INCLUDING, BUT NOT LIMITED TO, HAZARDOUS MATERIALS; <br />(B) TO THE EXTENT NOT ALREADY INCLUDED IN (A) ABOVE, THE PRIOR, <br />PRESENT OR FUTURE EXISTENCE, RELEASE OR DISCHARGE, OR <br />THREATENED RELEASE, OF ANY HAZARDOUS MATERIALS AT THE <br />PROPERTY, HOWEVER AND WHENEVER OCCURRING; (C) THE VIOLATION <br />OF, OR NON—COMPLIANCE WITH, ANY APPLICABLE LAW NOW OR <br />HEREAFTER IN EFFECT, HOWEVER OR WHENEVER OCCURRING; (D) THE <br />CONDITION OF THE SOIL AT THE PROPERTY; (E) THE CONDITION OF <br />HAPROVEMENTS INCLUDING, WITHOUT LIMITATION, THE STRUCTURAL <br />INTEGRITY AND SEISMIC COMPLIANCE OF SUCH IMPROVEMENTS AND <br />ALL "WORK" PERFORMED TO THE PROPERTY' (AS DEFINED IN THE <br />EXISTING LEASE); (F) THE INACCURACY, UNRELIABILITY, OR <br />INCOMPLETENESS OF, OR ANY DEFECT OR MISTAKE IN, ANY DELIVERIES <br />MADE BY SELLER IN cCONNECTION WITH THIS CONTRACT OR THE <br />SETTLEMENT AGREEMENT; (G) TO THE EXTENT NOT ALREADY COVERED <br />BY ANY OF THE FOREGOING CLAUSES (A) THROUGH (F), ABOVE, THE USE, <br />MAINTENANCE, DEVELOPMENT, CONSTRUCTION (INCLUDING WITHOUT <br />LIMITATION ANY AND ALL DEFECTS, PATENT, LATENT OR OTHERWISE, <br />KNOWN OR UNKNOWN), CONVERSION OF USE, OWNERSHIP OR <br />OPERATION OF THE PROPERTY BY SELLER OR ANY OF SELLER'S <br />PREDECESSOR(S)—IN—INTEREST IN THE PROPERTY; (H) ANY MATTERS <br />ARISING FROM OR RELATING TO ANY LEASES (INCLUDING WITHOUT <br />LIMITATION, CLAIMS, DAMAGES, LIABILITIES, OR OTHERWISE <br />ASSERTED BY ANY THIRD PARTIES); OR (I) ANY MATTERS BASED ON <br />SELLER'S ALLEGED SUPERIOR KNOWLEDGE OR FAILURE TO DISCLOSE. <br />AS PART OF THE PROVISIONS OF THIS SECTION 5.4.2, BUT NOT AS A <br />LIMITATION THEREON, PURCHASER HEREBY AGREES, REPRESENTS, AND <br />WARRANTS THAT THE MATTERS RELEASED HEREIN ARE NOT LIMITED <br />5489135.2 9 <br />