RDA Agmt 2001 Batarse Family Trust UTA

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Seller has not made and does not make any representations as to the physical or environmental condition of the Property. Section 11. Release, Purchaser Indemnification Except for instances involving a breach by Seller of its obligations under this Agreement, Purchaser hereby releases, remises, acquits and forever discharges Seller, its partners, employees, agents, attorneys and other representatives (collectively the "Released Parties") from and against any and all claims, causes of action, suits, legal or administrative orders or proceedings, demands, actual damages, punitive damages, losses, costs, liabilities and expenses, which concern or in any way relate to the environmental conditions of the Property and/or the existence of any hazardous materials or substances thereon, whether existing prior to, at, or after the Close of Escrow, including, but not limited to, any and all claims for cost recovery or contribution under the Comprehensive Environmental Response, Compensation and Liability Act of 1980 and the California Hazardous Substance Account Act, as they may be amended from time to time. Purchaser hereby expressly waives any and all rights Purchaser may have under Section 1542 of the California Civil Code, which provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. Section 12. Seller's Covenants Commencing with the full execution of this Agreement by both Parties and until the Close of Escrow: (a) Seller shall not permit any liens, encumbrances, or easements to be placed on the Property, other than the Approved Exceptions, nor shall Seller enter into any agreement regarding the sale, rental, management, repair, improvement, or any other matter affecting the Property that would be binding on Purchaser or the Property after the Close of Escrow without the prior written consent of Purchaser; and (b) Seller shall not permit any act of waste or act that would tend to diminish the value of the Property for any reason, except that caused by ordinary wear and tear. Section 13. Salvage Sellers shall have the right, but not the obligation, to salvage any useable materials, equipment or structures on the Property prior to the Close of Escrow. Any personal property remaining on the Property after the Close of Escrow shall belong to Purchaser. Seller shall have no obligation to remove such property. Section 14. Authority of Parties (a) Seller warrants that this Agreement and all other documents delivered prior to or at the Close of Escrow: