Lululemon 2010 Annual Report Download - page 116
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- 19 -
(C) the legal terms and conditions of, and the existing and potential rights and obligations which arise from or may
arise from the Permitted Encumbrances;
(b) the Purchaser has entered into this Agreement relying solely and entirely upon its own inspections and the limited
representations and warranties of the Vendor specifically set out herein. The Purchaser acknowledges that there are no
representations, warranties, guarantees, agreements or conditions, whether direct or collateral, or express or implied, which
induced the Purchaser to enter into this Agreement or on which reliance is placed by the Purchaser, or which affects this
Agreement or the Purchased Property, other than as specifically set out in sections 4.2 and 4.3. The Vendor is not giving to the
Purchaser, and the Purchaser is not requiring from the Vendor, any express or implied warranties and representations regarding
the Lands including that, before or after the Effective Date or the Completion Date:
(i)
the Lands and the surrounding Environment comply or do not comply with Environmental Laws;
(ii)
the Lands and the surrounding Environment are or are not free from Special Waste or other Hazardous Substances;
(iii) any Hazardous Substances have or have not been released, spilled, leaked, pumped, poured, emitted, emptied,
discharged, dumped or disposed of, or have or have not escaped, leached, or migrated, from the Lands and the
surrounding Environment to, on, or under adjacent lands or their surrounding Environment; or
(iv) the Lands will or will not be environmentally or otherwise suitable for any purpose including occupancy, development,
or derivation of revenue.
(c) it is the obligation of the Purchaser to satisfy itself that there is no Special Waste or other Hazardous Substances on, in or about
the Lands, and the Purchaser understands and agrees that the Vendor has no obligation to make any investigations, tests or
studies with respect to the existence of any Special Waste or other Hazardous Substances on, in or about the Lands;
(d) the Purchaser is relying on its own due diligence in reviewing the Delivery Materials and the Delivery Materials are not
intended to constitute a representation or warranty as to any of the contents thereof on the part of the Vendor or as to the
accuracy and sufficiency thereof, other than as expressly represented and warranted by the Vendor herein; and
(e) the Purchaser hereby waives, to the extent permitted by Laws, any requirement for or obligations of the Vendor to obtain or
provide to the Purchaser a “site profile” or any other environmental report for the Lands as may be required under any
applicable Environmental Laws.
5.3
P
URCHASER
’
S
C
OVENANTS
.
The Purchaser covenants and agrees with the Vendor that the Purchaser will:
(a)
keep the Delivery Materials in confidence pursuant to section 9.14; and