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4.5 "As -Is" Purchase
<br />BUYER SPECIFICALLY ACKNOWLEDGES AND AGREES THAT CITY IS
<br />SELLING AND BUYER IS PURCHASING CITY'S INTEREST IN THE PROPERTY ON AN
<br />"AS -IS WITH ALL FAULTS" BASIS. BUYER IS RELYING SOLELY ON ITS
<br />INDEPENDENT INVESTIGATION AND NOT ON ANY REPRESENTATIONS OR
<br />WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, FROM CITY OR
<br />ITS AGENTS AS TO ANY MATTERS CONCERNING THE PROPERTY, ITS SUITABILITY
<br />FOR BUYER'S INTENDED USES OR ANY OF THE PROPERTY CONDITIONS. CITY
<br />DOES NOT GUARANTEE THE LEGAL, PHYSICAL, GEOLOGICAL, ENVIRONMENTAL
<br />OR OTHER CONDITIONS OF THE PROPERTY, NOR DOES IT ASSUME ANY
<br />RESPONSIBILITY FOR THE COMPLIANCE OF THE PROPERTY OR ITS USE WITH
<br />ANY STATUTE, ORDINANCE OR REGULATION. IT IS BUYER'S SOLE
<br />RESPONSIBILITY TO DETERMINE ALL BUILDING, PLANNING, ZONING AND OTHER
<br />REGULATIONS RELATING TO THE PROPERTY AND THE USES TO WHICH IT MAY
<br />BE PUT.
<br />4.6 Release of City
<br />As part of its agreement to purchase the Property in its "As -Is With All Faults" condition,
<br />Buyer, on behalf of itself and its successors and assigns, waives any right to recover from, and
<br />forever releases and discharges, City, its officers, employees, agents, contractors and
<br />representatives, and their respective heirs, successors, legal representatives and assigns, from any
<br />and all demands, claims, legal or administrative proceedings, losses, liabilities, damages,
<br />penalties, fines, liens, judgments, costs or expenses whatsoever (including, without limitation,
<br />attorneys' fees and costs), whether direct or indirect, known or unknown, foreseen or unforeseen,
<br />that may arise on account of or in any way be connected with (a) Buyer's and its Agents and
<br />customer's past, present and future use of the Property, (b) the physical, geological or
<br />environmental condition of the Property, including, without limitation, any Hazardous Material
<br />in, on, under, above or about the Property, and (c) any federal, state, local or administrative law,
<br />rule, regulation, order or requirement applicable to the Property or the transactions contemplated
<br />by this Agreement, including, without limitation, the Comprehensive Environmental Response,
<br />Compensation and Liability Act of 1980 ("CERCLA", also commonly known as the "Superfund"
<br />law), as amended by Superfund Amendments and Reauthorization Act of 1986 ("SARA")
<br />(42 U.S.C. Sections 9601-9657), the Resource Conservation and Recovery Act of 1976, as
<br />amended by the Solid Waste and Disposal Act of 1984 (collectively, "RCRA") (42 U.S.C.
<br />Sections 6901-6987), the Federal Water Pollution Control Act, as amended by the Clean Water
<br />Act of 1977 (collectively the "Clean Water Act") (33 U.S.C. Section 1251 et seq.), the Toxic
<br />Substances Control Act ("TSCA") (15 U.S.C. Sections 2601-2629), Hazardous Materials
<br />Transportation Act (49 U.S.C. Section 1801 et seq.), the Carpenter -Presley -Tanner Hazardous
<br />Substance Account Law (commonly known as the "California Superfund" law) (California
<br />Health and Safety Code Sections 25300-25395), Hazardous Waste Control Act (California
<br />Health and Safety Code Section 25100 et seq.), Hazardous Materials Release Response Plans
<br />and Inventory Law (commonly known as the "Business Plan Law") (California Health and
<br />Safety Code Section 25500 et seq.), Porter -Cologne Water Quality Control Act (California Water
<br />Code Section 13000 et seq.), and the Safe Drinking Water and Toxic Enforcement Act of 1986
<br />(commonly known as "Proposition 65") (California Health and Safety Code Section 25249.5
<br />et seq.).
<br />In connection with the foregoing release, Buyer expressly waives the benefits of
<br />Section 1542 of the California Civil Code, which provides as follows:
<br />A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
<br />WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO
<br />EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING
<br />THE RELEASE, WHICH IF KNOWN TO HIM OR HER MUST
<br />
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