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environmental assessment shall not be released to any governmental agency or entity or any
<br />other third party without the prior written consent of Seller, except where expressly required by
<br />law.
<br />13. Purchaser's Indemnity.
<br />A. Purchaser acknowledges that prior to the date of closing it will have had the
<br />opportunity to inspect the Premises, observed its physical characteristics, and existing conditions,
<br />and conduct such investigation and study of the Premises as it deems necessary for acquiring the
<br />Premises for Purchaser's intended use. In the event Purchaser closes the purchase of the
<br />Premises, Purchaser agrees that:
<br />1) The act of closing shall constitute a waiver and release of any and all objections
<br />to or claims with respect to any and all physical characteristics and existing
<br />conditions of the Premises, including, without limitation, any hazardous
<br />materials, hazardous substances, contaminants, pollutants, or asbestos
<br />containing materials, in, at, on, under or related to the Premises; and
<br />2) That the Premises is being sold and conveyed to, and purchased and accepted by
<br />Purchaser in its present condition, "AS -IS, WHERE IS" and with all faults, and
<br />Purchaser hereby assumes the risk that adverse past, present, and future physical
<br />characteristics and conditions may not have been revealed by its inspection or
<br />investigation.
<br />B. From and after the date of Closing, Purchaser and its successors and
<br />assigns shall release, indemnify, hold harmless, and defend Seller and its successors and assigns,
<br />affiliated companies, and all of its and/or their officers, directors, employees, and agents from
<br />and against any and all claims, demands, losses, liabilities, damages, finis, penalties, costs and
<br />expenses (including without limitation, costs for site remediation, and costs for reasonable
<br />attorney fees) known or unknown, arising.or alleged to arise in any manner whatsoever from any
<br />condition on or under the Premises, or the failure of the Premises to comply with applicable
<br />environmental laws and regulations, or arising or alleged to arise in any manner from any claim
<br />for personal injury or disease or death of any person occurring or accruing from and after the date
<br />of Closing, or arising or alleged to arise from any claim for damage to any property, including
<br />loss of use thereof, or which Seller may sustain or incur in connection with any litigation,
<br />investigation, or other expenditures incident to any of the foregoing, including any suit instituted
<br />to enforce this agreement of indemnity, except for any claims arising or alleged to arise from any
<br />personal injury or disease or death of any person occurring or accruing from the acts or
<br />omissions of Seller prior to the date of Closing. This indemnification obligation and release and
<br />waiver shall survive the Closing of the sale/purchase of the Premises.
<br />Doc #192515. v2 Date: 7/11103 2:23 PM
<br />TR -69 A145-55 12/16
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