PHYSICAL AND ENVIRONMENTAL MATTERS. BUYER HAS CONDUCTED, OR WILL CONDUCT PRIOR TO CLOSING, SUCH INVESTIGATIONS OF THE PROPERTY, INCLUDING THE PHYSICAL AND ENVIRONMENTAL CONDITIONS THEREOF, AS BUYER DEEMS NECESSARY OR DESIRABLE TO SATISFY ITSELF AS TO THE CONDITION OF THE PROPERTY AND THE EXISTENCE OR NONEXISTENCE OR CURATIVE ACTION TO BE TAKEN WITH RESPECT TO ANY HAZARDOUS OR TOXIC SUBSTANCES ON OR DISCHARGED FROM THE PROPERTY, AND WILL RELY SOLELY UPON SAME AND NOT UPON ANY INFORMATION PROVIDED BY OR ON BEHALF OF SELLERS OR THEIR AGENTS OR EMPLOYEES WITH RESPECT THERETO, OTHER THAN SUCH REPRESENTATIONS, WARRANTIES AND COVENANTS OF EACH APPLICABLE SELLER AS ARE EXPRESSLY SET FORTH IN SECTION 9.1. UPON CLOSING, BUYER SHALL ASSUME THE RISK THAT ADVERSE MATTERS, INCLUDING CONSTRUCTION DEFECTS AND ADVERSE PHYSICAL AND ENVIRONMENTAL CONDITIONS, MAY NOT HAVE BEEN REVEALED BY BUYER’S INVESTIGATIONS, AND BUYER, UPON CLOSING, SHALL BE DEEMED TO HAVE WAIVED, RELINQUISHED AND RELEASED SELLERS (AND SELLERS’ OFFICERS, MEMBERS, EMPLOYEES AND AGENTS) FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION (INCLUDING CAUSES OF ACTION IN TORT) LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) OF ANY AND EVERY KIND OR CHARACTER, KNOWN OR UNKNOWN, WHICH BUYER MIGHT HAVE ASSERTED OR ALLEGED AGAINST ONE OR MORE OF THE SELLERS (AND SELLERS’ OFFICERS, MEMBERS, EMPLOYEES AND AGENTS) AT ANY TIME BY REASON OF OR ARISING OUT OF ANY LATENT OR PATENT CONSTRUCTION DEFECTS OR PHYSICAL CONDITIONS, VIOLATIONS OF ANY APPLICABLE LAWS AND ANY AND ALL OTHER ACTS, OMISSIONS, EVENTS, CIRCUMSTANCES OR MATTERS REGARDING THE PROPERTY.
PHYSICAL AND ENVIRONMENTAL MATTERS. Buyer will be provided the opportunity to conduct an independent inspection of the Subject Properties, the public records and Seller's files, including without limitation for the purpose of detecting the presence of any environmentally hazardous substance or contamination, including petroleum, and the presence and concentration of naturally-occurring radioactive materials and satisfied itself as to the physical condition and environmental condition of the property, both surface and subsurface.
PHYSICAL AND ENVIRONMENTAL MATTERS. Prior to the Defect Deadline, Buyer shall have inspected the Assets, the public records and Seller’s files for all purposes, including without limitation for the purpose of detecting the presence of asbestos and the presence and concentration of naturally-occurring radioactive materials (“NORM”) and satisfied itself as to the Physical Condition and Environmental Condition of the Assets. Buyer acknowledges that, except as provided in Sections 2.5 and 2.7 above, no representations have been made by Seller regarding Environmental Conditions or Physical Conditions, past or present.
PHYSICAL AND ENVIRONMENTAL MATTERS. Prior to Closing and as a condition of Closing, BUYER will have had access to the Property, the public records and SELLER's files for all purposes, including without limitation for the purpose of detecting the presence of asbestos and the presence and concentration of naturally-occurring radiative materials and satisfied itself as to the physical condition and environmental condition of the property, both surface and subsurface. BUYER acknowledges that no representations have been made by SELLER regarding environmental conditions or physical conditions, past or present.
PHYSICAL AND ENVIRONMENTAL MATTERS. As of Closing, Buyer acknowledges that it has been provided the opportunity to conduct certain independent visual inspections of the Subject Properties, as well as an inspection of the public records and Seller’s files that were provided or made available to Buyer for the purpose of detecting the presence of any environmentally hazardous substance or contamination, including petroleum, and the presence and concentration of naturally-occurring radioactive materials. As a result of such inspection (or opportunity to conduct same) and the representations, warranties and indemnities provided by Seller under this Agreement, Buyer will have satisfied itself as of Closing as to the physical condition and environmental condition of the property, both surface and subsurface. Buyer acknowledges that, except as set forth in this Agreement, no representations have been made by Seller regarding environmental conditions or physical conditions, past or present.
PHYSICAL AND ENVIRONMENTAL MATTERS. Purchaser, upon closing, shall be deemed to have waived, relinquished and released Seller (and seller's officers, members, employees and agents) from and against any and all claims, demands, causes of action (including causes of action in tort) losses, damages, liabilities, costs and expenses (including reasonable attorneys' fees) of any and every kind or character, known or unknown, which Purchaser might have asserted or alleged against Seller (and Seller's officers, members, employees and agents) at any time by reason of or arising out of any latent or patent defects or physical conditions, violations of any applicable laws and any and all other acts, omissions, events, circumstances or matters regarding the condition of the Property.
