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under any applicable present or future Environmental Laws (as defined in the following
<br /> paragraph).
<br /> "Environmental Laws" means any and all present and future federal, state and local
<br /> laws, ordinances, regulations, policies and any other requirements of governmental agencies
<br /> relating to health, safety, the environment or to any Hazardous Substances, including without
<br /> limitation,the Comprehensive Environmental Response, Compensation, and Liability Act of
<br /> 1980 ("CERCLA"),the Resource Conservation Recovery Act("RCRA"), the Hazardous
<br /> Materials Transportation Act,the Toxic Substance Control Act, the Endangered Species Act, the
<br /> Clean Water Act, the Occupational Safety and Health Act, the California Environmental Quality
<br /> Act and the applicable provisions of the California Health and Safety Code, California Labor
<br /> Code and the California Water Code, each as hereafter amended from time to time, and the
<br /> present and future rules, regulations and guidance documents promulgated under any of the
<br /> foregoing.
<br /> 5.2 Release. Effective as of Close of Escrow, Buyer, for itself, its successors and
<br /> assigns, hereby waives, releases, acquits and forever discharges Seller and its Authorized
<br /> Representatives, of and from, any claims, actions, causes of action, demands, rights, damages,
<br /> costs, expenses, penalties, fines or compensation whatsoever, direct or indirect, at any time on
<br /> account of or in any way arising out of or in connection with the known or unknown physical,
<br /> environmental or other condition of the Property. Buyer expressly waives the provisions of
<br /> California Civil Code §1542, which provides:
<br /> A general release does not extend to claims which the creditor does
<br /> not know or suspect to exist in his or her favor at the time of
<br /> executing the release,which if known by him or her must have
<br /> materially affected his or her settlement with the debtor.
<br /> 6. GENERAL PROVISIONS.
<br /> 6.1 Counterparts; Facsimile or Electronic Signatures. This Agreement may be
<br /> executed in counterparts, each of which shall be deemed an original,but all of which, taken
<br /> together, shall constitute one and the same instrument. A signed copy of this Agreement
<br /> transmitted by facsimile or other electronic means to the other parties shall be binding on the
<br /> signatory thereto.
<br /> 6.2 Entire Agreement. This Agreement, together with all Exhibits and the Funding
<br /> and Improvement Agreement, constitutes the entire agreement between the parties with respect
<br /> to the subject matter of this Agreement, and supersedes all prior understandings or agreements.
<br /> This Agreement may be modified only by a writing signed by both parties. All exhibits to which
<br /> reference is made in this Agreement are deemed incorporated in this Agreement whether or not
<br /> actually attached.
<br /> 6.3 Partial Invalidity. If any provision of this Agreement is held by a court of
<br /> competent jurisdiction to be invalid or unenforceable, the remainder of the Agreement shall
<br /> continue in full force and effect and shall in no way be impaired or invalidated, and the parties
<br /> agree to substitute for the invalid or unenforceable provision a valid and enforceable provision
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