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<br />or lack of repair of any Improvements; (iii) the compliance of the
<br />Redevelopment Property or its operation with any laws, rules, ordinances or
<br />regulations of any government or other body; and (iv) any other matter
<br />whatsoever except as expressly set forth in this Agreement. Except as is
<br />otherwise expressly provided in this Agreement, the sale of the
<br />Redevelopment Property as provided for herein is made on a strictly “as is”
<br />“where is” basis as of the Closing Date, and City makes no warranty or
<br />representation, express or implied, or arising by operation of law, including,
<br />but in no way limited to, any warranty of quantity, quality, condition,
<br />habitability, merchantability, suitability or fitness for a particular purpose of
<br />the Redevelopment Property, any improvements located thereon or any soil
<br />conditions related thereto.
<br />
<br />(2) Redeveloper specifically acknowledges that Redeveloper is not relying on
<br />(and the City hereby disclaims and renounces) any representations or
<br />warranties made by or on behalf of the City of any kind or nature whatsoever,
<br />except for those particular representations and warranties expressly provided
<br />in this Agreement. Except as is otherwise expressly provided in this
<br />Agreement, Redeveloper, for City and Redeveloper’s successors and assigns,
<br />hereby releases City from, and waives, any and all claims and liabilities
<br />against the City for, related to, or in connection with any environmental or
<br />physical condition at the Redevelopment Property (or the presence of any
<br />matter or substance relating to the environmental condition of the
<br />Redevelopment Property), including, but not limited to, claims and/or
<br />liabilities relating to, in any manner whatsoever, any hazardous, toxic or
<br />dangerous materials or substances located in, at, about or under the
<br />Redevelopment Property, or for any claims or causes of action (actual or
<br />threatened) based upon, in connection with, or arising out of CERCLA, as
<br />amended by SARA, and as may be further amended from time to time,
<br />RCRA, or any other claim or cause of action (including any federal or state
<br />based statutory, regulatory or common law cause of action) related to
<br />environmental matters or liability with respect to or affecting the
<br />Redevelopment Property and any other physical condition at the
<br />Redevelopment Property. Redeveloper represents to City that Redeveloper
<br />has conducted, or will conduct prior to Closing, such investigations of the
<br />physical conditions of the Redevelopment Property, as Redeveloper deems
<br />necessary to satisfy itself as to the condition of the Redevelopment Property,
<br />and will rely solely upon same. Except as is otherwise expressly provided in
<br />this Agreement, upon closing, Redeveloper shall assume the risk that adverse
<br />matters, including but not limited to, construction defects and adverse physical
<br />conditions, may not have been revealed by investigations, and Redeveloper,
<br />upon closing, shall be deemed to have waived, relinquished and released the
<br />City from and against any and all claims, demands, causes of action (including
<br />causes of action in tort), losses, damages, liabilities, costs and expenses
<br />(including attorneys’ fees and court costs) of any and every kind or character,
<br />known or unknown, which the Redeveloper might have asserted or alleged
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