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<br />
<br />ATTY/AGR/2020.257/REDWOOD CITY GREYSTAR PURCHASE AND SALE AGREEMENT 1306 MAIN STREET
<br />REV: 12-14-2020 VR
<br />Page 13 of 82
<br />ON OR BENEATH THE PROPERTY (OR ANY PARCEL IN PROXIMITY THERETO) OF
<br />HAZARDOUS MATERIALS. BY ACCEPTANCE OF THE DEED, BUYER
<br />ACKNOWLEDGES THAT BUYER'S OPPORTUNITY FOR INSPECTION AND
<br />INVESTIGATION OF SUCH PROPERTY HAS BEEN ADEQUATE TO ENABLE BUYER TO
<br />MAKE BUYER'S OWN DETERMINATION WITH RESPECT TO THE PRESENCE ON OR
<br />BENEATH THE PROPERTY OF SUCH HAZARDOUS MATERIALS.
<br />d. EXCEPT TO THE EXTENT THE SAME CONSTITUTES A
<br />BREACH OF AN EXPRESS REPRESENTATION AND WARRANTIES MADE BY SELLER
<br />IN THIS AGREEMENT, BUYER ACKNOWLEDGES AND AGREES THAT SELLER SHALL
<br />NOT BE RESPONSIBLE FOR ANY CLAIMS ARISING OUT OF OR RELATING TO MOLD
<br />AND/OR OTHER MICROSCOPIC ORGANISMS AT THE PROPERTY INCLUDING BUT
<br />NOT LIMITED TO PROPERTY DAMAGES, PERSONAL INJURY, ADVERSE HEALTH
<br />EFFECTS, LOSS OF INCOME, EMOTIONAL DISTRESS, DEATH, LOSS OF USE OR LOSS
<br />OF VALUE AND BUYER HEREBY IRREVOCABLY RELEASES SELLER, ITS OFFICERS,
<br />ITS EMPLOYEES AND AGENTS FROM THE SAME. BUYER HEREBY
<br />ACKNOWLEDGES THAT IT HAS READ AND UNDERSTANDS THIS DISCLOSURE AND
<br />RELEASE AND AGREES TO THE PROVISIONS CONTAINED HEREIN.
<br />e. Other than as expressly set forth in this Agreement and in the Deed,
<br />neither Seller nor any agents, representatives, or employees of Seller have made any
<br />representations or warranties, direct or indirect, oral or written, express or implied, to Buyer or any
<br />agents, representatives, or employees of Buyer with respect to the Property, including, without
<br />limitation, (i) the physical condition of the Property (including the presence or absence of
<br />Hazardous Materials), zoning, set-back and other ordinances, codes, regulations, rules,
<br />requirements and orders affecting occupancy or operation of the Property, plans, specifications,
<br />any affordable housing restrictions or requirements, costs or other estimates, projections, including
<br />income and expense projections concerning the same, and (ii) the Property’s compliance with any
<br />environmental laws, including without limitation, the Comprehensive Environmental Response,
<br />Compensation and Liability Act of 1980, as amended (42 U.S.C. Section 9601 et seq.), the
<br />Resource Conservation and Recovery Act of 1976 (42 U.S.C. Section 6901 et seq.), the Clean
<br />Water Act (33 U.S.C. Section 1251 et seq.), the Safe Drinking Water Act (42 U.S.C. Section 300f
<br />et seq.), the Hazardous Materials Transportation Act (49 U.S.C. Section 1801 et seq.), the Toxic
<br />Substances Control Act (15 U.S.C. Section 2601 et seq.), the California Hazardous Waste Control
<br />Law (California Health and Safety Code Sections 25100-25600), the Porter-Cologne Water
<br />Quality Control Act (California Health and Safety Code Section 13000 et seq.), and the Safe
<br />Drinking Water and Toxic Enforcement Act (California Health and Safety Code Section 25249.5
<br />et seq.). Buyer specifically waives and releases Seller and its respective successors, assigns,
<br />officers, representatives, employees, agents, adjustors, accountants, officials, and attorneys from
<br />(1) all warranties, express, implied, statutory or otherwise (including warranties of merchantability
<br />and warranties of fitness for use or acceptability for the purpose intended by Buyer) with respect
<br />to the Property or its condition or the prospects, operations or results of operations of the Property
<br />except with respect to the express representations and warranties contained in this Agreement and
<br />the Deed, and (2) except with respect to Claims arising out of Seller's breach of any representation,
<br />warranty, covenant or agreement in this Agreement and the Deed, all Claims that Buyer would
<br />have against Seller under this Agreement.
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