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relinquishes any and all rights and remedies Buyer may now or hereafter have against Seller, whether known or unknown, with respect to any past, present or future presence or existence of lIHazardous Materials" (as herein defined) on, under or about the Property or with respect to any past, present or future violations of any rules, regulations or laws, now or hereafter enacted, regulating or governing the use, handling, storage or disposal of Hazardous Materials, including, without limitation, (i) any and all rights Buyer may now or hereafter have to seek contribution from Seller under section 113(f)(i) of the Comprehensive Environmental Response Compensation and Liability Act of 1980 ("CERCLA"), as amended by the Superfund Amendments and Reauthorization Act of 1986 (42 USCA ~9613), as the same may be further amended or replaced by any similar law, rule or regulation, (ii) any and all rights Buyer may now or thereafter have against Seller under the Carpenter Presley-Tanner Hazardous Substance Account Act (California Health and Safety Code, Section 25300 et seq.), as the same may be further amended or replaced by any similar law, rule or regulation, and (iii) any and all claims, whether known or unknown, now or hereafter existing, with respect to the Property under Section 107 of CERCLA (42 USCA ~9607). (c) Limitation on Seller's Liabilitv. Seller shall not have any liability, obligation or responsibility of any kind with respect to the following: i. The content or accuracy of any report, study, opinion or conclusion of any soils, toxic, environmental or other engineer or other person or entity who has examined the Property or any aspect thereof; ii. The content or accuracy of any information released to Buyer by an engineer or planner in connection with the development of the Property; iii. The availability of building or other permits or approvals for the Property by any state or local governmental bodies with jurisdiction over the Property; iv. The availability or capacity of sewer, water or other utility connections to the Property; v. Any of the items delivered to Buyer pursuant to Buyers review of the condition of the Property; and vi. The content or accuracy of any other development or construction cost, projection, financial or marketing analysis or other information given to Buyer or reviewed by Buyer with respect to the Property. vii. The limitations of Sellers liability and the waivers and releases by Buyer herein contained shall survive the Close of Escrow and the recordation of the Grant Deed and shall not be deemed merged in to the Grant Deed upon recordation. 13. SELLER'S DELIVERY OF DOCUMENTS INTO ESCROW. Prior to the Close of Escrow, Seller shall deposit the following documents and instruments into Escrow: Page 9 of 16 C:\Oocuments and Settings\Dell Opliplex GX52O\My Oocuments\PurchaseAgmt7.8.09redline\Purcha8eAgmt.doc