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5. PURCHASE, AS -IS. The Real Property described in this Purchase Agreement is being
<br />sold in an "as is" and with "all faults" condition, Buyer hereby acknowledges that Buyer
<br />has had an opportunity to inspect the Real Property prior to the Closing Date. Buyer's
<br />acceptance of title to the Real Property shall represent Buyer's acknowledgment and
<br />agreement that, except as expressly set forth in this Agreement: (i) Seller has not made
<br />any written or oral representation or warranty of any kind with respect to the Real Property
<br />(including without limitation express or implied warranties of title, merchantability, or
<br />fitness for a particular purpose or use), (ii) Buyer has not relied on any written or oral
<br />representation or warranty made by Seller, its agents or employees with respect to the
<br />condition or value of the Real Property, (iii) Buyer has had an adequate opportunity to
<br />inspect the condition of the Real Property, including without limitation, any environmental
<br />testing, and to inspect documents applicable thereto, and Buyer is relying solely on such
<br />inspection and testing, and (iv) the condition of the Real Property is fit for Buyer's intended
<br />use. Buyer agrees to accept all risk of Claims (including without limitation all Claims
<br />under any Environmental Law and all Claims arising at common law, in equity or under a
<br />federal, state or local statute, rule or regulation) whether past, present or future, existing or
<br />contingent, known or unknown, arising out of, resulting from or relating to the condition
<br />of the Real Property, known or unknown, contemplated or uncontemplated, suspected or
<br />unsuspected, including without limitation, the presence of any Hazardous Substance on the
<br />Real Property, whether such Hazardous Substance is located on or under the Real Property,
<br />or has migrated or will migrate from or to the Real Property.
<br />a. For purposes of this Section, the following terms have the following meanings:
<br />i. "Environmental Law" means the Comprehensive Environmental Response,
<br />Compensation and Liability Act ("CERCLA"), 42 U.S.C. §9601 et seq., the
<br />Resource Conservation and Recovery Act, 42 U.S.C. §9601 et seq. the
<br />Federal Water Pollution Control Act, 33 U.S.C. §1201 et seq., the Clean
<br />Water Act, 33 U.S.C. §1321 et seq., the Clean Air Act, 42 U.S.C. §7401 et
<br />seq., the Toxic Substances Control Act, 33 U.S.C. §1251 et seq., all as
<br />amended from time to time, and any other federal, state, local or other
<br />governmental statute, regulation, rule, law or ordinance dealing with the
<br />protection of human health, safety, natural resources or the environment
<br />now existing and hereafter enacted; and
<br />ii. "Hazardous Substance" means any pollutant, contaminant, hazardous
<br />substance or waste, solid waste, petroleum product, distillate, or fraction,
<br />radioactive material, chemical known to cause cancer or reproductive
<br />toxicity, polychlorinated biphenyl or any other chemical, substance or
<br />material listed or identified in or regulated by any Environmental Law.
<br />iii. "Claim" or "Claims" means any and all liabilities, suits, claims,
<br />counterclaims, causes of action, demands, penalties, debts, obligations,
<br />promises, acts, fines, judgment, damages, consequential damages, losses,
<br />costs, and expenses of every kind (including without limitation any
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