Common use of Purchaser’s Waiver of Certain Environmental Claims Clause in Contracts

Purchaser’s Waiver of Certain Environmental Claims. Purchaser, for itself and its successors and assigns, hereby absolutely waives, and agrees that neither it nor its successors and assigns, if any, shall have or make, any claim for damages, contribution, indemnification or otherwise against Seller or any entity which controls, which is controlled by or which is under common control with, Seller (individually, a “Seller Affiliate” and collectively, “Seller Affiliates”) arising from or in connection with Hazardous Substances on, in, at, under, beneath, emanating from or affecting the Property, or in connection with any voluntary or required removal or remediation thereof (including, without limitation, claims relating to the release, threatened release, disturbance, emission or discharge of Hazardous Substances), except to the extent such claim is expressly permitted against Seller, as owner of the Verizon Units, or as operator of the Central Office and provider to third parties of Telecommunications Services, under the Declaration for its acts and omissions prior to, on or after the Closing Date or for acts or omissions of Seller, or its employees, agents or contractors, from and after the date hereof. Such waiver of liability shall cover, without limitation, any and all liability to Purchaser, its successors and assigns, both known and unknown, present and future, for any and all environmental liabilities, including, without limitation, any and all strict and other liabilities, costs, claims, fines, penalties and damages under any and all Environmental Laws (as hereinafter defined) with respect to investigating, remediating, mitigating, removing, treating, encapsulating, containing, monitoring, abating, or disposing of any Hazardous Substance and any costs incurred to comply with Environmental Laws. Nothing in this waiver shall be construed as preventing or limiting in any way the right of Purchaser to make claims against any party other than Seller and Seller Affiliates who may be liable under any Environmental Law or to make counterclaims against Seller if a claim is made against Purchaser (or the Condominium) on account of any of the foregoing.

Appears in 3 contracts

Samples: Contract of Sale, Contract of Sale, Contract of Sale

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Purchaser’s Waiver of Certain Environmental Claims. Purchaser, for itself and its successors and assigns, hereby absolutely waives, and agrees that neither it nor its successors and assigns, if any, shall have or make, any claim for damages, contribution, indemnification or otherwise against Seller or any entity which controls, which is controlled by or which is under common control with, Seller (individually, a “Seller Affiliate” and collectively, “Seller Affiliates”) its affiliates arising from or in connection with Hazardous Substances on, in, at, under, beneath, emanating from or affecting the PropertyUnit, or in connection with any voluntary or required removal or remediation thereof (including, without limitation, claims relating to the release, threatened release, disturbance, emission or discharge of Hazardous Substances), except to the extent such claim is expressly permitted against Seller, as owner of the Other Verizon Units, or as operator of the Central Office and provider to third parties of Telecommunications Services, under the Declaration for its acts and omissions prior to, on or after the Closing Date or for acts or omissions of Seller, or its employees, agents or contractors, from and after the date hereofomissions. Such waiver of liability shall cover, without limitation, any and all liability to Purchaser, its successors and assigns, both known and unknown, present and future, for any and all environmental liabilities, including, without limitation, any and all strict and other liabilities, costs, claims, fines, penalties and damages under any and all Environmental Laws (as hereinafter defined) with respect to investigating, remediating, mitigating, removing, treating, encapsulating, containing, monitoring, abating, or disposing of any Hazardous Substance and any costs incurred to comply with Environmental Laws. Nothing in this waiver shall be construed as preventing or limiting in any way the right of Purchaser to make claims against any party other than Seller and Seller Affiliates its affiliates who may be liable under any Environmental Law or to make counterclaims against Seller if a claim is made against Purchaser (or the Condominium) on account of any of the foregoingLaw.

Appears in 1 contract

Samples: Contract of Sale

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