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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
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