Exclusivity of Article. The provisions of this Article supersede and prevail over any inconsistent terms that may appear elsewhere in this Agreement or in any part of the ORC.
Exclusivity of Article. Except as otherwise provided in this Agreement (including, with respect to the Retained Liabilities, Liabilities relating to Anhydrous Ammonia Release Liability, Former Facilities, Pre-Closing Toxic Tort Liabilities, and the provisions in Section 5.19 regarding environmental, health and safety Permits), this Article 13 exclusively governs the Parties' and their Affiliates' Liabilities relating to Environmental, Health and Safety Liabilities, Environmental Matters, environmental and health and safety disclosures and the allocation of Environmental Costs between the Parties and their Affiliates as such costs relate to the Owned Real Property, the Leased Real Property and the ownership and operation of the Businesses. Except as to the Retained Liabilities including Liabilities relating to Former Facilities and Pre-Closing Toxic Tort Liabilities or as set forth in this Article 13, Buyer and Sellers and IP Sellers, for themselves and their Affiliates, Representatives, successors and assigns, each release and discharge each other from any and all rights, claims or causes of action that any of them may now have under any and all Occupational Safety and Health Laws and Environmental Laws (including the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Sections 9601, et seq., "CERCLA") relating to the Owned Real Property, the Leased Real Property, the ownership of the Purchased Assets and the operation of the Businesses. For avoidance of doubt, Sellers and IP Sellers agree and acknowledge that nothing in this Article 13 or elsewhere in this Agreement (other than the limitation set forth in Section 13.5) shall limit Buyer's right to recover for breaches of the representations and warranties set forth in Section 5.19.
Exclusivity of Article. The provisions of this Article supercede and prevail over any inconsistent terms that may appear elsewhere in this Agreement or in any part of the Ohio Revised Code.
