Common use of Pre-Existing Environmental Conditions Clause in Contracts

Pre-Existing Environmental Conditions. (a) Lessee acknowledges and agrees that: (1) the Premises previously was operated by Lessor as the Landfill; (2) the Premises are subject to on-going maintenance activities pursuant to the Final Landfill Closure Permit and Post-Closure Permit; (3) all activities on the Premises, including but not limited to the construction, operation, maintenance, decommissioning and removal of the Solar Energy Facility, must be conducted in conformance with Applicable Legal Requirements, the Final Landfill Closure Permit and the Post-Closure Permit; (4) the Final Landfill Closure Permit and the Post-Closure Permit require the utilization of certain construction, operation, maintenance and removal procedures in connection with the use of the Premises for the Solar Energy Facility; and (5) Lessee is familiar with the condition and all aspects of the Premises, and that it has approved and accepted the same. (b) IT IS UNDERSTOOD AND AGREED THAT LESSOR IS NOT MAKING AND HAS NOT AT ANY TIME MADE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR CHARACTER, EXPRESS OR IMPLIED, WITH RESPECT TO THE PREMISES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OR REPRESENTATIONS AS TO ENVIRONMENTAL CONDITIONS, HABITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. (c) LESSEE ACKNOWLEDGES AND AGREES THAT IT HAS LEASED AND SHALL ACCEPT THE PREMISES “AS IS, WHERE IS, WITH ALL FAULTS”. LESSEE HAS NOT RELIED AND WILL NOT RELY ON, AND LESSOR IS NOT LIABLE FOR OR BOUND BY, ANY EXPRESS OR IMPLIED WARRANTIES, GUARANTIES, STATEMENTS, REPRESENTATIONS OR INFORMATION PERTAINING TO THE PREMISES OR RELATING THERETO MADE OR FURNISHED BY LESSOR, ITS EMPLOYEES, OR ANY AGENT REPRESENTING OR PURPORTING TO REPRESENT LESSOR, TO WHOMEVER MADE OR GIVEN, DIRECTLY OR INDIRECTLY, ORALLY OR IN WRITING. LESSEE ALSO ACKNOWLEDGES THAT THE ANNUAL LEASE PAYMENT REFLECTS AND TAKES INTO ACCOUNT THAT THE PREMISES IS BEING LEASED “AS-IS.” (d) LESSEE REPRESENTS TO LESSOR THAT LESSEE IS FAMILIAR WITH THE PREMISES AND HAS CONDUCTED INSPECTIONS AND INVESTIGATIONS OF THE PREMISES, INCLUDING BUT NOT LIMITED TO, THE PHYSICAL AND ENVIRONMENTAL CONDITIONS THEREOF, AS LESSEE DEEMS NECESSARY OR DESIRABLE TO SATISFY ITSELF AS TO THE CONDITION OF THE PREMISES AND THE EXISTENCE OR NONEXISTENCE OF CURATIVE ACTION TO BE TAKEN WITH RESPECT TO ANY HAZARDOUS OR TOXIC SUBSTANCES ON OR DISCHARGED FROM THE PREMISES, AND WILL RELY SOLELY UPON SAME AND NOT UPON ANY INFORMATION PROVIDED BY OR ON BEHALF OF LESSOR OR ITS AGENTS OR EMPLOYEES WITH RESPECT THERETO. UPON THE EFFECTIVE DATE, LESSEE SHALL ASSUME THE RISK THAT ADVERSE MATTERS, INCLUDING BUT NOT LIMITED TO, ADVERSE PHYSICAL AND ENVIRONMENTAL CONDITIONS, MAY NOT HAVE BEEN REVEALED BY LESSEE’S INVESTIGATIONS. LESSEE, UPON THE EFFECTIVE DATE, SHALL BE DEEMED, FOR AND ON BEHALF OF ITSELF AND ALL SUCCESSORS IN TITLE, TO HAVE WAIVED, RELINQUISHED AND RELEASED LESSOR (AND LESSOR’S 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 LESSEE MIGHT HAVE ASSERTED OR ALLEGED AGAINST LESSOR (AND LESSOR’S EMPLOYEES AND AGENTS) AT ANY TIME BY REASON OF OR ARISING OUT OF PHYSICAL CONDITIONS (INCLUDING ENVIRONMENTAL CONDITIONS), VIOLATIONS OF ANY APPLICABLE LEGAL REQUIREMENTS AND ANY AND ALL OTHER ACTS, OMISSIONS, EVENTS, CIRCUMSTANCES OR MATTERS OF OR REGARDING THE PREMISES.

Pre-Existing Environmental Conditions. (a) Lessee a. Seller acknowledges and agrees that: (1) i. the Premises previously was operated by Lessor Buyer as the Landfilla municipal solid waste landfill, which was closed in accordance with applicable law in approximately 2000; (2) ii. the Premises are subject to on-going maintenance activities pursuant to the Final Landfill Closure Permit and Post-Closure Permitapplicable law; (3) iii. all activities on the Premises, including but not limited to the construction, operation, maintenance, decommissioning and removal of the Solar Energy Facilityfacility, must be conducted in conformance with Applicable Legal Requirements, the Final Landfill Closure Permit and the Post-Closure Permit; (4) the Final Landfill Closure Permit and the Post-Closure Permit iv. applicable law may prohibit and/or require the utilization use of certain construction, operation, maintenance and removal procedures in connection with the use of the Premises for the a Solar Energy Facility; and (5) Lessee v. Seller is familiar with the condition and all aspects of the Premises, ; and that it has approved and accepted the same. (b) b. IT IS UNDERSTOOD AND AGREED THAT LESSOR BUYER IS NOT MAKING AND HAS NOT AT ANY TIME MADE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR CHARACTER, EXPRESS OR IMPLIED, WITH RESPECT TO THE PREMISES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OR REPRESENTATIONS AS TO ENVIRONMENTAL CONDITIONS, HABITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. (c) LESSEE c. SELLER ACKNOWLEDGES AND AGREES THAT IT HAS LEASED AND SHALL ACCEPT THE PREMISES “AS IS, WHERE IS, WITH ALL FAULTS”. LESSEE SELLER HAS NOT RELIED AND WILL NOT RELY ON, AND LESSOR BUYER IS NOT LIABLE FOR OR BOUND BY, ANY EXPRESS OR IMPLIED WARRANTIES, GUARANTIES, STATEMENTS, REPRESENTATIONS OR INFORMATION PERTAINING TO THE PREMISES OR RELATING THERETO MADE OR FURNISHED BY LESSORBUYER, ITS EMPLOYEES, OR ANY AGENT REPRESENTING OR PURPORTING TO REPRESENT LESSORBUYER, TO WHOMEVER MADE OR GIVEN, DIRECTLY OR INDIRECTLY, ORALLY OR IN WRITING. LESSEE SELLER ALSO ACKNOWLEDGES THAT THE ANNUAL LEASE PAYMENT REFLECTS AND TAKES INTO ACCOUNT THAT SELLER’S USE OF THE PREMISES IS BEING LEASED “AS-IS.” (d) LESSEE d. SELLER REPRESENTS TO LESSOR BUYER THAT LESSEE SELLER IS FAMILIAR WITH THE PREMISES AND HAS CONDUCTED INSPECTIONS AND INVESTIGATIONS OF THE PREMISES, INCLUDING BUT NOT LIMITED TO, THE PHYSICAL AND ENVIRONMENTAL CONDITIONS THEREOF, AS LESSEE SELLER DEEMS NECESSARY OR DESIRABLE TO SATISFY ITSELF AS TO THE CONDITION OF THE PREMISES AND THE EXISTENCE OR NONEXISTENCE OF CURATIVE ACTION TO BE TAKEN WITH RESPECT TO ANY HAZARDOUS OR TOXIC SUBSTANCES ON OR DISCHARGED FROM THE PREMISES, AND WILL RELY SOLELY UPON SAME AND NOT UPON ANY INFORMATION PROVIDED BY OR ON BEHALF OF LESSOR BUYER OR ITS AGENTS OR EMPLOYEES WITH RESPECT THERETO. UPON THE EFFECTIVE DATE, LESSEE SELLER SHALL ASSUME THE RISK THAT ADVERSE MATTERS, INCLUDING BUT NOT LIMITED TO, ADVERSE PHYSICAL AND ENVIRONMENTAL CONDITIONS, MAY NOT HAVE BEEN REVEALED BY LESSEESELLER’S INVESTIGATIONS. LESSEE, UPON THE EFFECTIVE DATE, SELLER SHALL BE DEEMED, FOR AND ON BEHALF OF ITSELF AND ALL SUCCESSORS IN TITLE, TO HAVE WAIVED, RELINQUISHED AND RELEASED LESSOR BUYER (AND LESSORBUYER’S 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 LESSEE SELLER MIGHT HAVE ASSERTED OR ALLEGED AGAINST LESSOR BUYER (AND LESSORBUYER’S EMPLOYEES AND AGENTS) AT ANY TIME BY REASON OF OR ARISING OUT OF PHYSICAL CONDITIONS (INCLUDING ENVIRONMENTAL CONDITIONS), VIOLATIONS OF ANY APPLICABLE LEGAL REQUIREMENTS LAWS AND ANY AND ALL OTHER ACTS, OMISSIONS, EVENTS, CIRCUMSTANCES OR MATTERS OF OR REGARDING THE PREMISES.

Pre-Existing Environmental Conditions. (a) Lessee acknowledges and agrees that: (1) the Premises previously was operated by Lessor as the Landfill; (2) the Premises are subject to on-going maintenance activities pursuant to the Final Landfill Closure Permit and Post-Closure Permit; (3) all activities on the Premises, including but not limited to the construction, operation, maintenance, decommissioning and removal of the Solar Energy Facility, must be conducted in conformance with Applicable Legal Requirements, the Final Landfill Closure Permit Requirements and the Post-Closure any Permit; (4) the Final Landfill Closure Permit and the Post-Closure Permit require the utilization of certain construction, operation, maintenance and removal procedures in connection with the use of the Premises for the Solar Energy Facility; and (52) Lessee is familiar with the condition and all aspects of the Premises, and that it has approved and accepted the same. (b) IT IS UNDERSTOOD AND AGREED THAT LESSOR IS NOT MAKING AND HAS NOT AT ANY TIME MADE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR CHARACTER, EXPRESS OR IMPLIED, WITH RESPECT TO THE PREMISES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OR REPRESENTATIONS AS TO ENVIRONMENTAL CONDITIONS, HABITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. (c) LESSEE ACKNOWLEDGES AND AGREES THAT IT HAS LEASED AND SHALL ACCEPT THE PREMISES “AS IS, WHERE IS, WITH ALL FAULTS”. LESSEE HAS NOT RELIED AND WILL NOT RELY ON, AND LESSOR IS NOT LIABLE FOR OR BOUND BY, ANY EXPRESS OR IMPLIED WARRANTIES, GUARANTIES, STATEMENTS, REPRESENTATIONS OR INFORMATION PERTAINING TO THE PREMISES OR RELATING THERETO MADE OR FURNISHED BY LESSOR, ITS EMPLOYEES, OR ANY AGENT REPRESENTING OR PURPORTING TO REPRESENT LESSOR, TO WHOMEVER MADE OR GIVEN, DIRECTLY OR INDIRECTLY, ORALLY OR IN WRITING. LESSEE ALSO ACKNOWLEDGES THAT THE ANNUAL LEASE PAYMENT REFLECTS AND TAKES INTO ACCOUNT THAT THE PREMISES IS BEING LEASED “AS-IS.” (d) LESSEE REPRESENTS TO LESSOR THAT LESSEE IS FAMILIAR WITH THE PREMISES AND HAS CONDUCTED INSPECTIONS AND INVESTIGATIONS OF THE PREMISES, INCLUDING BUT NOT LIMITED TO, THE PHYSICAL AND ENVIRONMENTAL CONDITIONS THEREOF, AS LESSEE DEEMS NECESSARY OR DESIRABLE TO SATISFY ITSELF AS TO THE CONDITION OF THE PREMISES AND THE EXISTENCE OR NONEXISTENCE OF CURATIVE ACTION TO BE TAKEN WITH RESPECT TO ANY HAZARDOUS OR TOXIC SUBSTANCES ON OR DISCHARGED FROM THE PREMISES, AND WILL RELY SOLELY UPON SAME AND NOT UPON ANY INFORMATION PROVIDED BY OR ON BEHALF OF LESSOR OR ITS AGENTS OR EMPLOYEES WITH RESPECT THERETO. UPON THE EFFECTIVE DATE, LESSEE SHALL ASSUME THE RISK THAT ADVERSE MATTERS, INCLUDING BUT NOT LIMITED TO, ADVERSE PHYSICAL AND ENVIRONMENTAL CONDITIONS, MAY NOT HAVE BEEN REVEALED BY LESSEE’S INVESTIGATIONS. LESSEE, UPON THE EFFECTIVE DATE, SHALL BE DEEMED, FOR AND ON BEHALF OF ITSELF AND ALL SUCCESSORS IN TITLE, TO HAVE WAIVED, RELINQUISHED AND RELEASED LESSOR (AND LESSOR’S 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 LESSEE MIGHT HAVE ASSERTED OR ALLEGED AGAINST LESSOR (AND LESSOR’S EMPLOYEES AND AGENTS) AT ANY TIME BY REASON OF OR ARISING OUT OF PHYSICAL CONDITIONS (INCLUDING ENVIRONMENTAL CONDITIONS), VIOLATIONS OF ANY APPLICABLE LEGAL REQUIREMENTS AND ANY AND ALL OTHER ACTS, OMISSIONS, EVENTS, CIRCUMSTANCES OR MATTERS OF OR REGARDING THE PREMISES.

Pre-Existing Environmental Conditions. (a) Lessee acknowledges and agrees that: (1) the Premises previously was operated by Lessor as the Landfill;Lessor (2) the Premises are subject to on-going maintenance activities pursuant to the Final Landfill Closure Permit and Post-Closure Permit;activities (3) all activities on the Premises, including but not limited to the construction, operation, maintenance, decommissioning and removal of the Solar Energy Facility, must be conducted in conformance with Applicable Legal Requirements, the Final Landfill Closure Permit and the Post-Closure Solar Permit; (4) the Final Landfill Closure Permit and the Post-Closure Solar Permit will require the utilization of certain construction, operation, maintenance and removal procedures in connection with the use of the Premises for the Solar Energy Facility; and (5) Lessee is familiar with the condition and all aspects of the PremisesPremises to the extent disclosed in the Documented Site Conditions, and that it has that, upon its Notice of Commencement, will be deemed to have approved and accepted the same. (b) IT IS UNDERSTOOD AND AGREED THAT LESSOR IS NOT MAKING AND HAS NOT AT ANY TIME MADE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR CHARACTER, EXPRESS OR IMPLIED, WITH RESPECT TO THE PREMISES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OR REPRESENTATIONS AS TO ENVIRONMENTAL CONDITIONS, HABITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. (c) WITHOUT LIMITING ITS RIGHTS PURSUANT TO SECTION 9.9. LESSEE ACKNOWLEDGES AND AGREES THAT IT HAS LEASED AND SHALL ACCEPT THE PREMISES “AS IS, WHERE IS, WITH ALL FAULTS”. LESSEE HAS NOT RELIED AND WILL NOT RELY ON, AND LESSOR IS NOT LIABLE FOR OR BOUND BY, ANY EXPRESS OR IMPLIED WARRANTIES, GUARANTIES, STATEMENTS, REPRESENTATIONS OR INFORMATION PERTAINING TO THE PREMISES OR RELATING THERETO MADE OR FURNISHED BY LESSOR, ITS EMPLOYEES, OR ANY AGENT REPRESENTING OR PURPORTING TO REPRESENT LESSOR, TO WHOMEVER MADE OR GIVEN, DIRECTLY OR INDIRECTLY, ORALLY OR IN WRITING. LESSEE ALSO ACKNOWLEDGES THAT THE ANNUAL LEASE PAYMENT REFLECTS AND TAKES INTO ACCOUNT THAT THE PREMISES IS BEING LEASED “AS-IS.” (d) LESSEE REPRESENTS TO LESSOR THAT LESSEE IS FAMILIAR WITH THE PREMISES AND HAS THAT, PRIOR TO ISSUANCE OF THE NOTICE OF COMMENCEMENT, LESSEE WILL HAVE CONDUCTED INSPECTIONS AND INVESTIGATIONS OF THE PREMISES, INCLUDING BUT NOT LIMITED TO, THE PHYSICAL AND ENVIRONMENTAL CONDITIONS THEREOF, AS LESSEE DEEMS NECESSARY OR DESIRABLE TO SATISFY ITSELF AS TO THE CONDITION OF THE PREMISES AND THE EXISTENCE OR NONEXISTENCE OF CURATIVE ACTION TO BE TAKEN WITH RESPECT TO ANY HAZARDOUS OR TOXIC SUBSTANCES ON OR DISCHARGED FROM THE PREMISES, AND WILL RELY SOLELY UPON SAME AND NOT UPON ANY INFORMATION PROVIDED BY OR ON BEHALF OF LESSOR OR ITS AGENTS OR EMPLOYEES WITH RESPECT THERETO. UPON THE EFFECTIVE DATEDATE SET FORTH IN THE NOTICE OF COMMENCEMENT, LESSEE SHALL ASSUME THE RISK THAT ADVERSE MATTERS, INCLUDING BUT NOT LIMITED TO, ADVERSE PHYSICAL AND ENVIRONMENTAL CONDITIONS, MAY NOT HAVE BEEN REVEALED BY LESSEE’S INVESTIGATIONS. LESSEE, UPON THE EFFECTIVE DATE, SHALL BE DEEMED, FOR AND ON BEHALF OF ITSELF AND ALL SUCCESSORS IN TITLE, TO HAVE WAIVED, RELINQUISHED AND RELEASED LESSOR (AND LESSOR’S 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 LESSEE MIGHT HAVE ASSERTED OR ALLEGED AGAINST LESSOR (AND LESSOR’S EMPLOYEES AND AGENTS) AT ANY TIME BY REASON OF OR ARISING OUT OF PHYSICAL CONDITIONS (INCLUDING ENVIRONMENTAL CONDITIONS), VIOLATIONS OF ANY APPLICABLE LEGAL REQUIREMENTS AND ANY AND ALL OTHER ACTS, OMISSIONS, EVENTS, CIRCUMSTANCES OR MATTERS OF OR REGARDING THE PREMISES.

Pre-Existing Environmental Conditions. (a) a. Lessee acknowledges and agrees that: (1) i. the Premises previously was operated by Lessor as the Landfilla municipal solid waste landfill, which was closed in accordance with applicable law in approximately 2000; (2) ii. the Premises are subject to on-going maintenance activities pursuant to the Final Landfill Closure Permit and Post-Closure Permitapplicable law; (3) iii. all activities on the Premises, including but not limited to the construction, operation, maintenance, decommissioning and removal of the Solar Energy Facilityfacility, must be conducted in conformance with Applicable Legal Requirements, the Final Landfill Closure Permit and the Post-Closure Permit; (4) the Final Landfill Closure Permit and the Post-Closure Permit iv. applicable law may prohibit and/or require the utilization use of certain construction, operation, maintenance and removal procedures in connection with the use of the Premises for the a Solar Energy Facility; and (5) v. Lessee is familiar with the condition and all aspects of the Premises, ; and that it has approved and accepted the same. (b) b. IT IS UNDERSTOOD AND AGREED THAT LESSOR IS NOT MAKING AND HAS NOT AT ANY TIME MADE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR CHARACTER, EXPRESS OR IMPLIED, WITH RESPECT TO THE PREMISES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OR REPRESENTATIONS AS TO ENVIRONMENTAL CONDITIONS, HABITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. (c) c. LESSEE ACKNOWLEDGES AND AGREES THAT IT HAS LEASED AND SHALL ACCEPT THE PREMISES “AS IS, WHERE IS, WITH ALL FAULTS”. LESSEE HAS NOT RELIED AND WILL NOT RELY ON, AND LESSOR IS NOT LIABLE FOR OR BOUND BY, ANY EXPRESS OR IMPLIED WARRANTIES, GUARANTIES, STATEMENTS, REPRESENTATIONS OR INFORMATION PERTAINING TO THE PREMISES OR RELATING THERETO MADE OR FURNISHED BY LESSOR, ITS EMPLOYEES, OR ANY AGENT REPRESENTING OR PURPORTING TO REPRESENT LESSOR, TO WHOMEVER MADE OR GIVEN, DIRECTLY OR INDIRECTLY, ORALLY OR IN WRITING. LESSEE ALSO ACKNOWLEDGES THAT THE ANNUAL LEASE PAYMENT REFLECTS AND TAKES INTO ACCOUNT THAT THE PREMISES IS BEING LEASED “AS-IS.” (d) d. LESSEE REPRESENTS TO LESSOR THAT LESSEE IS FAMILIAR WITH THE PREMISES AND HAS CONDUCTED INSPECTIONS AND INVESTIGATIONS OF THE PREMISES, INCLUDING BUT NOT LIMITED TO, THE PHYSICAL AND ENVIRONMENTAL CONDITIONS THEREOF, AS LESSEE DEEMS NECESSARY OR DESIRABLE TO SATISFY ITSELF AS TO THE CONDITION OF THE PREMISES AND THE EXISTENCE OR NONEXISTENCE OF CURATIVE ACTION TO BE TAKEN WITH RESPECT TO ANY HAZARDOUS OR TOXIC SUBSTANCES ON OR DISCHARGED FROM THE PREMISES, AND WILL RELY SOLELY UPON SAME AND NOT UPON ANY INFORMATION PROVIDED BY OR ON BEHALF OF LESSOR OR ITS AGENTS OR EMPLOYEES WITH RESPECT THERETO. UPON THE EFFECTIVE DATECLOSING, LESSEE SHALL ASSUME THE RISK THAT ADVERSE MATTERS, INCLUDING BUT NOT LIMITED TO, ADVERSE PHYSICAL AND ENVIRONMENTAL CONDITIONS, MAY NOT HAVE BEEN REVEALED BY LESSEE’S INVESTIGATIONS. LESSEE, UPON THE EFFECTIVE DATECLOSING, SHALL BE DEEMED, FOR AND ON BEHALF OF ITSELF AND ALL SUCCESSORS IN TITLE, TO HAVE WAIVED, RELINQUISHED AND RELEASED LESSOR (AND LESSOR’S 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 LESSEE MIGHT HAVE ASSERTED OR ALLEGED AGAINST LESSOR (AND LESSOR’S EMPLOYEES AND AGENTS) AT ANY TIME BY REASON OF OR ARISING OUT OF PHYSICAL CONDITIONS (INCLUDING ENVIRONMENTAL CONDITIONS), VIOLATIONS OF ANY APPLICABLE LEGAL REQUIREMENTS AND ANY AND ALL OTHER ACTS, OMISSIONS, EVENTS, CIRCUMSTANCES OR MATTERS OF OR REGARDING THE PREMISES.