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CONCERNING THE PROPERTY, INCLUDING WITHOUT LIMITATION: (i) the quality,
<br /> nature, adequacy and physical condition and aspects of the Property, including, but not limited
<br /> to, the structural elements, seismic aspects of the Property, foundation, roof, appurtenances,
<br /> access, landscaping, parking facilities and the electrical, mechanical, HVAC, plumbing, sewage,
<br /> utility systems, facilities and appliances, the square footage within the improvements on the
<br /> Property, (ii) the quality, nature, adequacy, and physical condition of soils, geology, drainage,
<br /> and any groundwater, (iii) the existence, quality, nature, adequacy and physical condition of
<br /> utilities serving the Property, (iv) the development potential of the Property, and the Property's
<br /> use, habitability, merchantability, or fitness, suitability, value or adequacy of the Property for any
<br /> particular purpose, (v) the zoning or other land use status of the Property, (vi) the compliance of
<br /> the Property or its operation with any applicable codes, laws, regulations, statutes, ordinances,
<br /> covenants, conditions and restrictions of any governmental or quasi - governmental entity or of
<br /> any other person or entity, (vii) the presence of Hazardous Materials on, under or about the
<br /> Property or the adjoining or neighboring properties, (viii) the quality of any labor and materials
<br /> used in any improvements on the Property, or (ix) the economics of the operation of the
<br /> Property.
<br /> Without limiting the above, but subject to the provisions below relating to Reserved
<br /> Claims, effective on the Closing Optionee hereby waives its right to recover from, and forever
<br /> releases and discharges, Owner and Owner's members, shareholders, partners, beneficiaries,
<br /> successors and assigns, and their respective heirs and personal representatives (collectively, the
<br /> "Owner Related Parties "), from any and all demands, claims, legal or administrative
<br /> proceedings, losses, liabilities, damages, penalties, fines, liens, judgments, costs or expenses
<br /> whatsoever (including, without limitation, attorneys' fees and costs), whether direct or indirect,
<br /> known or unknown, foreseen or unforeseen, that may arise on account of or in any way be
<br /> connected with (i) the physical condition of the Property including, without limitation, all
<br /> structural and seismic elements, all mechanical, electrical, plumbing, sewage, heating,
<br /> ventilating, air conditioning and other systems, the environmental condition of the Property and
<br /> Hazardous Materials on, under or about the Property or on, under or about nearby properties, (ii)
<br /> the quality, nature, adequacy, and physical condition of soils, geology and any groundwater of
<br /> the Property and nearby properties, (iii) claims of any occupants of the Property against Owner
<br /> or any Owner Related Party, (iv) the existence, quality, nature, adequacy and physical condition
<br /> of utilities serving the Property, (v) the development potential of the Property, and the Property's
<br /> use, habitability, merchantability, or fitness, suitability, value or adequacy of the Property for any
<br /> particular purpose, (vi) the zoning or other legal status of the Property or any other public or
<br /> private restrictions on use of the Property, (vii) the compliance of the Property or its operation
<br /> with any applicable codes, laws, regulations, statutes, ordinances, covenants, conditions and
<br /> restrictions of any governmental or quasi - governmental entity or of any other person or entity,
<br /> (viii) the presence of Hazardous Materials on, under or about the Property or the adjoining or
<br /> neighboring property, (ix) the quality of any labor and materials used in any improvements on
<br /> the Property, (x) the condition of title to the Property, (xi) economics of the operation of the
<br /> Property and (xii) any law or regulation applicable to the use or operation of the Property,
<br /> including, without limitation, the Comprehensive Environmental Response, Compensation and
<br /> Liability Act of 1980, as amended (42 U.S.C. Sections 6901, et seq.), the Resources
<br /> Conservation and Recovery Act of 1976 (42 U.S.C. Section 6901, et seq.), the Clean Water Act
<br /> (33 U.S.C. Section 1251, et seq.), the Safe Drinking Water Act (14 U.S.C. Section 1401, et seq.),
<br /> Option Agreement 80 Chemical
<br /> 10.01. 2010 v.7
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