Common use of Release and Indemnity Clause in Contracts

Release and Indemnity. (a) The Company and each of the other Borrowers do hereby release and indemnify the Agents and each Lender and each Affiliate thereof and their respective directors, officers, employees and agents from, and release and hold each of them harmless from any and all losses, liabilities, claims or damages (including reasonable legal fees and expenses) to which any of them may become subject, insofar as such losses, liabilities, claims or damages arise out of or result from the Loan Documents or the transactions contemplated thereby (including any threatened investigation or proceeding), or the actions or inactions of any Person in regard thereto, including any Person hereby released, and the Company and each of the other Borrowers shall reimburse each Lender and each Affiliate thereof and their respective directors, officers, employees and agents, upon demand, for any expenses (including legal fees) reasonably incurred in connection with any investigation or proceeding involving such matters (the “Indemnified Obligations”). Without prejudice to the survival of any other obligations of the Company and the other Borrowers hereunder and under the other Loan Documents, such release and indemnity shall survive the termination of the Credit Agreement or this Amendment and the other Loan Documents, the payment of the Obligations, or the assignment of the Notes. (b) Without limiting any provision of this Amendment, it is the express intention of the parties hereto that each Person to be indemnified hereunder shall be indemnified and held harmless against any and all Indemnified Obligations arising out of or resulting from the ordinary sole or contributory negligence of such Person or imposed upon said party under any theory of strict liability. Without prejudice to the survival of any other obligations of the Borrowers hereunder and under the other Loan Documents, the obligations of the Borrowers under this Section shall survive the termination of this Amendment, the Credit Agreement and the other Loan Documents and the payment of the Obligations and the Notes.

Release and Indemnity. (a) The Company Borrower and each Limited Partner (by Borrower on their behalf) expressly acknowledge the operational risk inherent in their request to effect separate share deliveries to each of the Limited Partners. Borrower, both on its behalf and on behalf of each Limited Partner, hereby agrees to discharge and release from liability and not to make any claim against any Lender, any Agent or Custodian for any action taken or not taken by them in connection with the transactions contemplated herein (including, without limitation, due to any error in the calculations provided by Borrower in the Borrower Certificate) other Borrowers do hereby release than as a result of bad faith, gross negligence or intentional misconduct. (b) Borrower agrees, on its behalf and on behalf of each Limited Partner, to indemnify the Agents each Agent (and any sub-agent thereof), each Lender and each Affiliate thereof and their respective directorsRelated Party of any of the foregoing Persons (each such Person being called an “Indemnitee”) against, officers, employees and agents from, and release and hold each of them Indemnitee harmless from from, any and all losses, liabilitiesclaims, claims or damages (including reasonable legal fees damages, liabilities and expenses) to which any of them may become subject, insofar as such losses, liabilities, claims or damages arise out of or result from the Loan Documents or the transactions contemplated thereby (including any threatened investigation or proceeding), or the actions or inactions of any Person in regard thereto, including any Person hereby released, and the Company and each of the other Borrowers shall reimburse each Lender and each Affiliate thereof and their respective directors, officers, employees and agents, upon demand, for any related expenses (including legal the fees, charges and disbursements of any counsel for any Indemnitee (which, in the case of counsel, shall be limited to the reasonable and documented fees, disbursements and other charges of (i) reasonably one primary counsel and one additional local counsel in each applicable jurisdiction for the Administrative Agent, (ii) one additional primary counsel, and one additional counsel in each applicable jurisdiction, for all other Indemnitees (taken as a whole) and (iii) solely in the case of a conflict of interest, one additional counsel in each relevant jurisdiction to the affected Indemnitees (taken as a whole)), incurred by any Indemnitee or asserted against any Indemnitee by any third party or by Borrower, any Limited Partner or any Related Party of Borrower or any Limited Partner arising out of, in connection with with, or as a result of (A) the execution or delivery of this Agreement and the performance by the parties hereto of their respective obligations hereunder or (B) any actual claim, litigation, investigation or proceeding involving such matters (relating to any of the “Indemnified Obligations”). Without prejudice to the survival of foregoing, whether based on contract, tort or any other obligations theory, whether brought by a third party or by Borrower, any Limited Partner or any other Related Party of the Company Borrower or any Limited Partner, and regardless of whether any Indemnitee is a party thereto; provided that Borrower and the other Borrowers hereunder Limited Partners shall not be required to indemnify or hold harmless any Indemnitee for any losses, claims, damages, liabilities and under the other Loan Documents, such release and indemnity shall survive the termination of the Credit Agreement or this Amendment and the other Loan Documents, the payment of the Obligations, or the assignment of the Notes. (b) Without limiting any provision of this Amendment, it is the express intention of the parties hereto that each Person to be indemnified hereunder shall be indemnified and held harmless against any and all Indemnified Obligations arising out of or related expenses resulting from the ordinary sole such Indemnitee’s bad faith, gross negligence or contributory negligence of such Person or imposed upon said party under any theory of strict liability. Without prejudice to the survival of any other obligations of the Borrowers hereunder and under the other Loan Documents, the obligations of the Borrowers under this Section shall survive the termination of this Amendment, the Credit Agreement and the other Loan Documents and the payment of the Obligations and the Notesintentional misconduct.

Release and Indemnity. (a) The Company shall and hereby does indemnify the Agent and each of the other Borrowers do hereby release and indemnify the Agents and each Lender Bank and each Affiliate thereof and their respective directors, officers, employees and agents from, and release and hold each of them harmless from against, any and all losses, liabilities, claims or damages (including reasonable legal fees and expenses) to which any of them may become subject, insofar as such losses, liabilities, claims or damages arise out of or result from any actual or proposed use by the Loan Documents Company of the proceeds of any extension of credit hereunder or the transactions contemplated thereby any investigation, litigation or other proceeding (including any threatened investigation or proceeding), ) relating to the foregoing or any of the actions or inactions of any Person in regard thereto, including any Person hereby releasedother Loan Documents, and the Company and each of the other Borrowers shall reimburse each Lender Bank and each Affiliate thereof and their respective directors, officers, employees and agents, upon demand, demand for any expenses (including legal fees) reasonably incurred in connection with any such investigation or proceeding involving proceeding; but excluding any such matters losses, liabilities, claims, damages or expenses incurred by reason of the gross negligence or willful misconduct of the Person to be indemnified (the “"Indemnified Obligations”"). (b) WITHOUT LIMITING ANY PROVISION OF THIS AGREEMENT, IT IS THE EXPRESS INTENTION OF THE PARTIES HERETO THAT EACH PERSON TO BE INDEMNIFIED HEREUNDER SHALL BE INDEMNIFIED AND HELD HARMLESS AGAINST ANY AND ALL INDEMNIFIED OBLIGATIONS ARISING OUT OF OR RESULTING FROM THE ORDINARY SOLE OR CONTRIBUTORY NEGLIGENCE OF SUCH PERSON OR IMPOSED UPON SAID PARTY UNDER ANY THEORY OF STRICT LIABILITY. Without prejudice to the survival of any other obligations of the Company and the other Borrowers hereunder and under the other Loan Documents, such release and indemnity shall survive the termination of the Credit Agreement or this Amendment and the other Loan Documents, the payment of the Obligations, or the assignment of the Notes. (b) Without limiting any provision of this Amendment, it is the express intention of the parties hereto that each Person to be indemnified hereunder shall be indemnified and held harmless against any and all Indemnified Obligations arising out of or resulting from the ordinary sole or contributory negligence of such Person or imposed upon said party under any theory of strict liability. Without prejudice to the survival of any other obligations of the Borrowers hereunder and under the other Loan Documents, the obligations of the Borrowers Company under this Section shall survive the termination of this Amendment, the Credit Agreement and the other Loan Documents and the payment of the Obligations and or the assignment of the Notes.

Release and Indemnity. (a) The Company shall and hereby does indemnify the Agent and each of the other Borrowers do hereby release and indemnify the Agents and each Lender Bank and each Affiliate thereof and their respective directors, officers, employees and agents from, and release and hold each of them harmless from against, any and all losses, liabilities, claims or damages (including reasonable legal fees and expenses) to which any of them may become subject, insofar as such losses, liabilities, claims or damages arise out of or result from any actual or proposed use by the Loan Documents Company of the proceeds of any extension of credit hereunder or the transactions contemplated thereby any investigation, litigation or other proceeding (including any threatened investigation or proceeding), ) relating to the foregoing or any of the actions or inactions of any Person in regard thereto, including any Person hereby releasedother Loan Documents, and the Company and each of the other Borrowers shall reimburse each Lender Bank and each Affiliate thereof and their respective directors, officers, employees and agents, upon demand, demand for any expenses (including legal fees) reasonably incurred in connection with any such investigation or proceeding involving proceeding; but excluding any such matters losses, liabilities, claims, damages or expenses incurred by reason of the gross negligence or willful misconduct of the Person to be indemnified (the “"Indemnified Obligations”"). (b) WITHOUT LIMITING ANY PROVISION OF THIS AGREEMENT, IT IS THE EXPRESS INTENTION OF THE PARTIES HERETO THAT EACH PERSON TO BE INDEMNIFIED HEREUNDER SHALL BE INDEMNIFIED AND HELD HARMLESS AGAINST ANY AND ALL INDEMNIFIED OBLIGATIONS ARISING OUT OF OR RESULTING FROM THE ORDINARY SOLE OR CONTRIBUTORY NEGLIGENCE OF SUCH PERSON OR IMPOSED UPON SAID PARTY UNDER ANY THEORY OF STRICT LIABILITY. Without prejudice to the survival of any other obligations of the Company and the other Borrowers hereunder and under the other Loan Documents, such release and indemnity shall survive the termination of the Credit Agreement or this Amendment and the other Loan Documents, the payment of the Obligations, or the assignment of the Notes. (b) Without limiting any provision of this Amendment, it is the express intention of the parties hereto that each Person to be indemnified hereunder shall be indemnified and held harmless against any and all Indemnified Obligations arising out of or resulting from the ordinary sole or contributory negligence of such Person or imposed upon said party under any theory of strict liability. Without prejudice to the survival of any other obligations of the Borrowers hereunder and under the other Loan Documents, the obligations of the Borrowers Company under this Section shall survive the termination of this Amendment, the Credit Agreement and the other Loan Documents and the payment of the Obligations and or the assignment of the Notes.

Release and Indemnity. (a) The Company Borrower shall and each of the other Borrowers do hereby does release and indemnify the Agents Agent and each Lender and each Affiliate thereof and their respective directors, officers, employees and agents fromagainst, and release releases and hold holds each of them harmless from from, any and all losses, liabilities, claims or damages (including reasonable legal fees and expenses) to which any of them may become subject, insofar as such losses, liabilities, claims or damages arise out of or result from the Credit Agreement, any of the Loan Documents Documents, this Amendment or any of the transactions contemplated thereby (including any threatened investigation or proceeding), ) relating to the foregoing or any of the actions or inactions of any Person in regard thereto, including any Person hereby releasedother Loan Documents, and the Company and each of the other Borrowers Borrower shall reimburse each Lender and each Affiliate thereof and their respective directors, officers, employees and agents, upon demand, for any expenses (including legal fees) reasonably incurred in connection with any such investigation or proceeding involving proceeding; but excluding any such matters losses liabilities claims, damages or expenses incurred by reason of the gross negligence or willful misconduct of the Person to be indemnified (the “"Indemnified Obligations”"). Without prejudice to the survival of any other obligations of the Company and the other Borrowers hereunder and under the other Loan Documents, such release and indemnity shall survive the termination of the Credit Agreement or this Amendment and the other Loan Documents, the payment of the Obligations, or the assignment of the Notes. (b) Without limiting any provision of this Amendment, it is the express intention of the parties hereto that each Person to be indemnified hereunder shall be indemnified and held harmless against any and all Indemnified Obligations arising out of or resulting from the ordinary sole or contributory negligence of such Person or imposed upon said party under any theory of strict liability. Without prejudice to the survival of any other obligations of the Borrowers Borrower hereunder and under the other Loan Documents, the obligations of the Borrowers Borrower under this Section shall survive the termination of this Amendment, the Credit Agreement and the other Loan Documents and the payment of the Obligations and the Notes.

Release and Indemnity. (a) The Company Borrower agrees to indemnify each of the Bank, each legal entity, if any, who controls, is controlled by or is under common control with the Bank, and each of the other Borrowers do hereby release and indemnify the Agents and each Lender and each Affiliate thereof and their respective directors, officers, officers and employees and agents from(the “Indemnified Parties”), and release to defend and hold each of them Indemnified Party harmless from and against any and all claims, damages, losses, liabilities, claims or damages liabilities and expenses (including reasonable legal all fees and expensescharges of internal or external counsel with whom any Indemnified Party may consult and all expenses of litigation and preparation therefor) to which any Indemnified Party may incur or which may be asserted against any Indemnified Party by any person, entity or governmental authority (including the Borrower or any person or entity claiming derivatively on behalf of them may become subjectthe Borrower), insofar as such losses, liabilities, claims in connection with or damages arise arising out of the Program or result from relating to the matters referred to in this Note or in the other Loan Documents or the transactions contemplated thereby (including any threatened investigation or proceeding), or the actions or inactions use of any Person in regard theretoadvance hereunder, including any Person hereby released, and the Company and each of the other Borrowers shall reimburse each Lender and each Affiliate thereof and their respective directors, officers, employees and agents, upon demand, for any expenses whether (including legal feesa) reasonably arising from or incurred in connection with any investigation breach of a representation, warranty or proceeding involving such matters (covenant by the “Indemnified Obligations”). Without prejudice to the survival of any other obligations of the Company and the other Borrowers hereunder and under the other Loan Documents, such release and indemnity shall survive the termination of the Credit Agreement or this Amendment and the other Loan Documents, the payment of the ObligationsBorrower, or the assignment of the Notes. (b) Without limiting any provision of this Amendment, it is the express intention of the parties hereto that each Person to be indemnified hereunder shall be indemnified and held harmless against any and all Indemnified Obligations arising out of or resulting from any suit, action, claim, proceeding or governmental investigation, pending or threatened, whether based on statute, regulation or order, or tort, or contract or otherwise, before any court or governmental authority; provided, however, that the ordinary sole foregoing indemnity shall not apply to any claims, damages, losses, liabilities and expenses solely attributable to an Indemnified Party’s gross negligence or contributory negligence of such Person or imposed upon said party under any theory of strict liabilitywillful misconduct. Without prejudice to the survival of any other obligations of the Borrowers hereunder The release and under the other Loan Documents, the obligations of the Borrowers under indemnity agreements contained in this Section paragraph shall survive the termination of this AmendmentNote, the Credit Agreement payment of any advance hereunder and the other Loan Documents and assignment of any rights hereunder. The Borrower may participate at its expense in the payment defense of the Obligations and the Notesany such action or claim.

Release and Indemnity. (a) The Company shall and each of the other Borrowers do hereby does release and indemnify the Agents and Motorola, each Lender and each Affiliate affiliate thereof and their respective directors, officers, employees and agents fromagainst, and release and hold each of them harmless from any and all losses, liabilities, claims or damages (including reasonable legal fees and expenses) to which any of them may become subject, insofar as such losses, liabilities, claims or damages arise out of or result from the Loan Documents Credit Documents, this Amendment or any of the transactions contemplated thereby (including any threatened investigation or proceeding), or ) relating to the actions or inactions of any Person in regard thereto, including any Person hereby released, and the foregoing. The Company shall reimburse Motorola and each of the other Borrowers shall reimburse each Lender and each Affiliate affiliate thereof and their respective directors, officers, employees and agents, upon demand, demand for any expenses (including legal fees) reasonably incurred in connection with any such investigation or proceeding involving proceeding; but excluding any such matters losses liabilities, claims, damages or expenses incurred by reason of the gross negligence or willful misconduct of the individual or entity to be indemnified (the “"Indemnified Obligations”"). Without prejudice to the survival of any other obligations of the Company and the other Borrowers hereunder and under the other Loan Documents, such release and indemnity shall survive the termination of the Credit Agreement or this Amendment and the other Loan Documents, the payment of the Obligations, or the assignment of the Notes. (b) Without limiting any provision of this Amendment, it is the express intention of the parties hereto that each Person individual or entity to be indemnified hereunder shall be indemnified and held harmless against any and all Indemnified Obligations arising out of or resulting from the ordinary sole or contributory negligence of such Person individual or entity or imposed upon said party under any theory of strict liability. Without prejudice to the survival of any other obligations of the Borrowers Company hereunder and under the other Loan Credit Documents, the obligations of the Borrowers Company under this Section shall survive the termination of this Amendment, the Credit Agreement and the other Loan Documents and the payment of the Obligations and the Notesall obligations thereunder.

Release and Indemnity. (a) The Company 13.1 From and each after the date of the other Borrowers do hereby release execution hereof by Landlord, Tenant shall indemnify, defend and indemnify the Agents hold Landlord and each Lender its Lenders, Landlord’s successors and each Affiliate thereof and their respective assigns, constituent partners, members, trustees, beneficiaries, co-managing directors, officers, employees and agents fromagents, and release employees (collectively, the “Indemnified Parties”) harmless against and hold each of them harmless from any and all lossesclaims, demands, actions, causes of actions, judgments, damages, liabilities, claims or damages (including reasonable legal fees losses, obligations, costs and expenses, including, without limitation, attorneys’ and consultants’ fees (individually, a “Claim” and collectively, “Claims”) arising from or in connection with (i) the construction, repair, alteration, improvement, use, occupancy or enjoyment of the Premises by Tenant, by any Tenant’s Parties (as defined in Section 13.2, below), by any other person permitted thereon, including, without limitation, any labor dispute involving Tenant and/or any failure by Tenant to which comply with any laws, ordinances or regulations governing construction within the Premises or access to the Premises by disabled persons, (ii) any activity, work or thing done, permitted or suffered by Tenant or any Tenant’s Parties in or about the Premises, the Common Areas or the Project, (iii) any breach or default in the performance of any obligation on Tenant’s part to be performed under the terms of this Lease, (i) any injuries suffered by Tenant’s employees, or (v) any negligent (whether active or passive) or wrongful act or omission of Tenant, of any Tenant Parties, or of any other guest or invitee of Tenant in or about the Project. The foregoing shall include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not (in the case of claims made against Landlord) litigated and/or reduced to judgment. In case any action or proceeding is brought against the Indemnified Parties or any of them may become subject, insofar as such losses, liabilities, claims or damages arise out of or result from the Loan Documents or the transactions contemplated thereby (including any threatened investigation or proceeding), or the actions or inactions by reason of any Person in regard theretosuch Claim, including Tenant upon notice from Landlord, shall defend the same at Tenant’s expense. Neither Landlord nor any Person hereby released, and the Company and each of the other Borrowers Indemnified Parties need to have first paid any such claim in order to be so indemnified. With respect to the indemnifications provided in this Section 13.1, Tenant shall reimburse each Lender have the right to select counsel and each Affiliate thereof and their respective directorscontrol the defense of any matter or claim (subject to applicable attorney conflict of interest principles), officersprovided, employees and agentsthat counsel selected by Tenant shall be reasonably satisfactory to Landlord (it being acknowledged that, upon demandabsent conflict of interest, counsel selected by any insurance company responsible for coverage in respect of any expenses (including legal fees) claim shall be deemed to be reasonably incurred in connection with any investigation or proceeding involving such matters (the “Indemnified Obligations”satisfactory to Landlord). Without prejudice Landlord shall, to the survival extent any matter or claim is not covered by insurance, not settle any matter or claim without the consent of any other obligations of the Company and the other Borrowers hereunder and under the other Loan DocumentsTenant, such release and indemnity consent to not be unreasonably withheld, delayed or conditioned. Tenant’s obligations under this Section 13.1 shall survive the termination of the Credit Agreement expiration or this Amendment and the other Loan Documents, the payment of the Obligations, or the assignment of the Notes. (b) Without limiting any provision of this Amendment, it is the express intention of the parties hereto that each Person to be indemnified hereunder shall be indemnified and held harmless against any and all Indemnified Obligations arising out of or resulting from the ordinary sole or contributory negligence of such Person or imposed upon said party under any theory of strict liability. Without prejudice to the survival of any other obligations of the Borrowers hereunder and under the other Loan Documents, the obligations of the Borrowers under this Section shall survive the earlier termination of this Amendment, the Credit Agreement and the other Loan Documents and the payment of the Obligations and the NotesLease.

Release and Indemnity. (a) The Company Without limiting the provisions of Section 4.1, except as set forth in Section 4.2(d) below, Buyer waives its right to recover from the Seller-Related Parties, and each of forever releases, covenants not to ▇▇▇ and discharges the other Borrowers do hereby release and indemnify the Agents and each Lender and each Affiliate thereof and their respective directors, officers, employees and agents Seller-Related Parties from, and release and hold each of them harmless from any and all damages, demands, claims, losses, liabilities, claims penalties, fines, liens, judgments, costs or damages (expenses whatsoever, including reasonable legal attorneys’ fees and expenses) to which any of them costs, whether direct or indirect, known or unknown, foreseen or unforeseen, that may become subject, insofar as such losses, liabilities, claims or damages arise out on account of or result from in any way be connected with the Loan Documents or physical condition of the transactions contemplated thereby (including any threatened investigation or proceeding)Property, or including, but not limited to, the actions or inactions presence of any Person in regard theretoHazardous Materials on, including any Person hereby releasedin, and under or about the Company and each of the other Borrowers shall reimburse each Lender and each Affiliate thereof and their respective directorsProperty, officers, employees and agents, upon demand, except for any expenses (including legal fees) reasonably incurred in connection with liability of Seller for any investigation or proceeding involving such matters (the “Indemnified Obligations”). Without prejudice to the survival breach of any other obligations of the Company and the other Borrowers hereunder and under the other Loan Documentsrepresentation or warranty set forth in Section 4.3 below, such release and indemnity which liability shall survive the termination of Closing only for the Credit Agreement or this Amendment Survival Period (as defined in Section 4.5 below) and shall be subject to the other Loan Documents, the payment of the Obligations, or the assignment of the Noteslimitation on liability set forth in Section 4.5 below. (b) Without limiting any provision of this AmendmentIn the event the Closing occurs, it is Buyer shall indemnify, defend and hold harmless the express intention of the parties hereto that each Person to be indemnified hereunder shall be indemnified Seller-Related Parties from and held harmless against any and all Indemnified Obligations arising out of suits, actions, proceedings, investigations, demands, claims, liabilities, fines, penalties, liens, judgments, losses, injuries, damages, expenses or resulting from costs whatsoever, including attorneys’ and experts’ fees and costs and investigation and remediation costs (“Claims”), asserted by the ordinary sole party originally identified as Buyer herein (“Original Buyer”), or contributory negligence of such Person any assignee thereof, or imposed upon said party under any theory of strict liability. Without prejudice to the survival partners, members, trustees, shareholders, directors or officers of any other obligations party owning a direct or indirect interest in Original Buyer or any such assignee, or any affiliate of Original Buyer or any such assignee possessing at any time an ownership interest (whether direct or indirect) in the Property (including any party which may hereafter become an affiliate of Original Buyer or any such assignee), arising from, relating to, or occasioned in any way by the physical condition of the Borrowers hereunder and under the other Loan DocumentsProperty, including, but not limited to, the obligations presence of any Hazardous Materials on, in, under or about the Borrowers under this Property, except for any liability of Seller for any breach of any representation or warranty set forth in Section 4.3 below, which liability shall survive the termination of this AmendmentClosing only for the Survival Period and shall be subject to the limitation on liability set forth in Section 4.5 below. (c) Except as set forth in Section 4.2(d) below, the Credit Agreement release set forth in Section 4.2(a) above, and the indemnification set forth in Section 4.2(b) above, includes claims, liabilities and other Loan Documents matters of which Buyer is presently unaware or which Buyer does not presently suspect to exist which, if known by Buyer, would materially affect Buyer’s willingness to enter into the release and the payment indemnification of the Obligations Seller-Related Parties set forth in Sections 4.2(a) and 4.2(b). In this connection and to the Notes.fullest extent permitted by law, Buyer hereby agrees, represents and warrants that Buyer realizes and acknowledges that factual matters now unknown to it may have given or may hereafter give rise to causes of action, claims, demands, debts, controversies, damages, costs, loses and expenses which are presently unknown, unanticipated and unsuspected, and Buyer further agrees, represents and warrants that the release and indemnification set forth in Sections 4.2(a) and 4.2(b) have been negotiated and agreed upon in light of that realization and that Buyer nevertheless hereby intends to release, discharge and acquit the Seller-Related Parties from any such unknown causes of action, claims, demands, debts, controversies, damages, costs, losses and expenses, except for any liability of Seller for any breach of any representation or warranty set forth in Section 4.3 below, which liability shall survive the Closing only for the Survival Period and shall be subject to the limitation on liability set forth in Section 4.5 below. In connection with the release set forth in Section 4.2(a) above, Buyer expressly waives the benefits of Section 1542 of the California Civil Code which provides as follows: