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of any latent defect, subsurface soil condition, environmental condition, hazardous
<br />substance, toxic waste or any other matter pertaining to the physical condition (title,
<br />mapping, grading, construction, or otherwise) of the Premises. Lessee is or as of the
<br />Close of Purchase Option Escrow will be familiar with the Premises and their suitability
<br />for Lessee's intended use. All documents which have been given to Lessee by Lessor, or
<br />Lessor's Representatives, have been delivered as an accommodation to Lessee and
<br />without any representation or warranty as to the sufficiency, accuracy, completeness,
<br />validity, truthfulness, enforceability, or assignability of any of the documents, all of
<br />which Lessee relies on at its own risk. Lessee acknowledges and agrees that, except as
<br />otherwise expressly set forth herein, Lessee's only recourse for any defect in title shall be
<br />against the title company and not Lessor.
<br />69.10. Release. Lessee shall rely solely upon Lessee's own knowledge of the Premises based on
<br />its investigation of the Premises and its own inspection of the Premises in determining the
<br />Premises' physical condition. Effective upon the Close of Escrow, Lessee and anyone
<br />claiming by, through or under Lessee hereby waives its right to recover from and fully
<br />and irrevocably releases Lessor and its respective members, employees, officers,
<br />directors, partners, shareholders, beneficiaries, trustees, fiduciaries, representatives,
<br />agents, servants, attorneys, affiliates, parent, subsidiaries, successors and assigns, and all
<br />persons, firms, corporations and organizations acting in their behalf ("Released Parties")
<br />from any and all claims that it may now have or hereafter acquire against any of the
<br />Released Parties for any costs, loss, liability, damage, expenses, demand, action or cause
<br />of action arising from or related to any construction defects, errors, omissions or other
<br />conditions, latent or otherwise, including environmental matters, affecting the Premises
<br />or any portion thereof. This release includes claims of which Lessee is presently unaware
<br />or which Lessee does not presently suspect to exist which, if known by Lessee, would
<br />materially affect Lessee's release to Lessor. In this connection and to the fullest extent
<br />permitted by law, Lessee hereby agrees, represents and warrants that Lessee realizes and
<br />acknowledges that factual matters now unknown to it may have given or may hereafter
<br />give rise to causes of action, claims, demands, debts, controversies, damages, costs,
<br />losses and expenses which are presently unknown, unanticipated and unsuspected, and
<br />Lessee further agrees, represents and warrants that the waivers and releases herein have
<br />been negotiated and agreed upon in light of that realization and that, as a material portion
<br />of the consideration given to Lessor by Lessee in exchange for Lessor's performance
<br />hereunder, Lessee nevertheless hereby intends to release, discharge and acquit Lessor
<br />from any such unknown causes of action, claims, demands, debts, controversies,
<br />damages, costs, losses and expenses which might in any way be included. Lessor has
<br />given Lessee material concessions regarding this transaction in exchange for Lessee
<br />agreeing to the provisions of this Section.
<br />69.11. Additional Release. The releases set forth in Section 69.10 above and this Section 69.11
<br />are full and complete releases of all the persons and entities described above of and from
<br />any and all liability of any nature whatsoever for all damage, injury, loss, expense,
<br />including any consequential expense, loss or damage, whether the same are now known
<br />or unknown to the parties, expected or unexpected by said parties, and all rights under
<br />Section 1542 of the California Civil Code are hereby waived and relinquished. Section
<br />1542 of the Civil Code provides as follows:
<br />"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
<br />THAT THE CREDITOR OR RELEASING PARTY DOES
<br />NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER
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