Property As Is. Lessee acknowledges that it has been given full access to the Property for its due diligence review. Lessee acknowledges that the Property may have environmental and physical conditions related to prior mineral exploration or mining activities, including, but not limited to pits, adits, shafts and roads. Prior to entering into this Agreement, Lessee has investigated the Property, including the environmental conditions on that property and the overlying surface, to its satisfaction. Lessee is acquiring the interests in the Property hereunder “as is” without warranty of any kind as to the condition, suitability or usability of the Property for any purpose, or the ability to obtain any necessary permits or authorizations to access or mine the Property. The parties intend that this “as is” provision shall be effective specifically with respect to environmental conditions, and any and all common law or statutory claims with respect thereto. Lessee assumes the risk of any environmental contamination, hazardous substances and other conditions on or related to the Property and overlying surface. Lessor makes no representation or warranty as to the accuracy or completeness of any environmental, geological, financial, operating or other information it has provided relating to the Property, and Lessee agrees that Lessor shall have no liability for any damages relating to any inaccuracies or incompleteness of such information.
Property As Is. Licensor is acquiring the Property (or those portions of the Property actually acquired by Licensor from time to time) in “AS IS”, “WHERE IS” and “WITH ALL FAULTS” condition. Licensee understands that all improvements existing on, in, or under the Property and/or the Project as of the date of this Agreement were constructed or installed by HRF or prior occupants of the Property and/or the Project and were not constructed by Licensor. Information on the history and existing condition of the Property and the Project and the improvements existing thereon is limited, and Licensor makes no representations with respect to any previously or currently existing conditions of the Property or the Project.
Property As Is. Grantee acknowledges that it has been given full access to the Property for its due diligence review. Grantee acknowledges that the Property may have environmental and physical conditions related to prior mineral exploration or mining activities, including; but not limited to pits, adits, shafts and roads. Grantee is acquiring the Property “as is” without warranty of any kind as to the condition, suitability or usability of the Property for any purpose, or the ability to obtain any necessary permits or authorizations to access or mine the Property. The parties intend that this “as is” provision shall be effective specifically with respect to environmental conditions, and any and all common law or statutory claims with respect thereto. Subject to Section 7 below, Grantee assumes the risk of any environmental contamination, hazardous substances and other conditions on or related to the Property and overlying surface.
Property As Is. Gold Standard acknowledges that they have been given full access to the Newmont Property for their due diligence review. Gold Standard acknowledges that the Newmont Property may have environmental and physical conditions related to prior mineral exploration or mining activities, including, but not limited to pits, adits, shafts and roads. Prior to entering into this Agreement, Gold Standard has investigated the Newmont Property, including the environmental conditions on that property and the overlying surface, to their satisfaction. Gold Standard is acquiring the interests in the Newmont Property hereunder “as is” without warranty of any kind as to the condition, suitability or usability of the Newmont Property for any purpose, or the ability to obtain any necessary permits or authorizations to access or mine the Newmont Property. The parties intend that this “as is” provision shall be effective specifically with respect to environmental conditions, and any and all common law or statutory claims with respect thereto. Gold Standard assumes the risk of any environmental contamination, hazardous substances and other conditions on or related to the Newmont Property. Newmont makes no representation or warranty as to the accuracy or completeness of any environmental, geological, financial, operating or other information it has provided relating to the Newmont Property, and Gold Standard agrees that Newmont shall have no liability for any damages relating to any inaccuracies or incompleteness of such information.
Property As Is. Licensor is acquiring the Property in “AS IS”, “WHERE IS” and “WITH ALL FAULTS” condition. Licensee understands that all improvements existing on, in, or under the Property as of the date of this Agreement were constructed or installed by Xxxx or prior occupants of the Property and were not constructed by Licensor. Information on the history and existing condition of the Property and the improvements existing thereon is limited, and Licensor makes no representations with respect to any previously or currently existing conditions of the Property. Licensee further understands that the Property (including the Ag Lot) is currently not in use by Xxxx or any other third party and that all or a portion of the Property (including the Ag Lot) may be overgrown with vegetation, and that Licensee will be solely responsible, at its cost and expense, for clearing the Ag Lot as may be necessary for its operations.
Property As Is. County does not warrant the condition of the Property. Property is being sold in “as is” condition as more particularly described on Exhibit C attached hereto and incorporated herein.
Property As Is. Except for Seller’s representations or warranties expressly set forth in this Agreement, Seller is selling, and Buyer is acquiring, the Purchase Property “as-is”, “with all faults”, and in its current physical condition, without any representations or warranties, express or implied, as to the nature or condition of or title to the Purchase Property, including without limitation, any representations or warranties concerning the physical condition or value of the Purchase Property, the condition of any improvements located on the Purchase Property, the suitability of the Purchase Property for Buyer’s intended use, the compliance with building or zoning codes, the presence or absence of any latent or patent condition, hazardous or otherwise, the availability of water rights for the Purchase Property or any other matters affecting the Purchase Property. Except for Seller’s representations or warranties expressly set forth in this Agreement, Buyer shall accept the Purchase Property at the Close of Escrow (in the event such Closing occurs) in its current “as-is” condition. Buyer also acknowledges that the purchase price reflects and takes into account that the Purchase Property is being sold “as-is”. Except as otherwise expressly set forth in this Agreement, Buyer has not relied and will not rely on, and Seller is not liable for or bound by, any express or implied representations, statements, agreements, warranties, guaranties, studies, plans, reports, descriptions, guidelines or other information or material furnished by Seller or its agents or representatives, whether oral or written.
Property As Is. Buyer acknowledges and agrees that, except as specifically provided in Section 7.1 herein, Seller has not made, does not make and specifically negates and disclaims any representations, warranties, promises, covenants, agreements or guarantees of any kind or character whatsoever, whether express or implied, oral or written, past, present or future, of, as to, concerning or with respect to (i) value; (ii) the income to be derived from the Property; (iii) the suitability of the Property for any and all activities and uses which Buyer may conduct thereon, including, without limitation, the possibilities for future development of the Property; (iv) the nature, quality or condition of the Property, construction, reconstruction, construction materials, construction methods and deck construction including, without limitation, the water, soil, and geology; (v) the compliance of or by the Property or its operation with any laws, rules ordinances, or regulations or any applicable governmental authority or body; (vi) compliance with any environmental protection, pollution or land use laws, rules, regulations, orders or requirements; (vii) the presence or absence of hazardous materials at, on, under or contiguous or adjacent to the Property; (viii) the relationship with or status of any Tenant; or (ix) any other matter. Buyer further acknowledges and agrees that having been given the opportunity to inspect the Property and review information and documentation affecting the Property, Buyer is relying solely on its own investigation of the Property and review of such information and documentation, and not on any information provided or to be provided by Seller, except for Section 7.1 hereof. Seller is not liable or bound in any manner by any oral or written statements, representations or information pertaining to the Property, or the operation thereof, furnished by any real estate broker, agent, employee, servant or other person. Buyer further acknowledges and agrees that to the maximum extent permitted by law, the sale of the Property as provided for herein is made on an “as is” and “with all faults” condition and basis, and that Seller has no obligations to make repairs, replacements or improvements to the Property other than as expressly set forth herein in Section 7.1. Notwithstanding any other provisions contained herein, or in any document or instrument delivered in connection with the transfer contemplated hereby, to the contrary (including, without limitation, a...
Property As Is. Quincy acknowledges that it has been given full access to the Newmont Property for its due diligence review. Quincy acknowledges that the Newmont Property may have environmental and physical conditions related to prior mineral exploration or mining activities, including, but not limited to pits, adits, shafts and roads. Prior to entering into this Agreement, Quincy has investigated the Newmont Property, including the environmental conditions on that property and the overlying surface, to their satisfaction. Quincy is acquiring the interests in the Newmont Property hereunder “as is” without warranty of any kind as to the condition, suitability or useability of the Newmont Property for any purpose, or the ability to obtain any necessary permits or authorizations to access or mine the Newmont Property. The parties intend that this “as is” provision shall be effective specifically with respect to environmental conditions, and any and all common law or statutory claims with respect thereto. Quincy assumes the risk of any environmental contamination, hazardous substances and other conditions on or related to the Newmont Property and overlying surface.
Property As Is. HEI acknowledges that it has been given full access to the Newmont Property for its due diligence review. HEI acknowledges that the Newmont Property and adjoining surface may have environmental and physical conditions related to prior mineral exploration or mining activities, including, but not limited to pits, adits, shafts and roads. Prior to entering into this Agreement, HEI has investigated the Newmont Property, including the environmental conditions on that property and the overlying surface, to its satisfaction. HEI is acquiring the interests in the Newmont Property hereunder “as is” without warranty of any kind as to the condition, suitability or usability of the Newmont Property for any purpose, or the ability to obtain any necessary permits or authorizations to access or mine the Newmont Property. The parties intend that this “as is” provision shall be effective specifically with respect to environmental conditions, and any and all common law or statutory claims with respect thereto. HEI assumes the risk of any environmental contamination, hazardous substances and other conditions on or related to the Newmont Property and overlying surface. Newmont makes no representation or warranty as to the accuracy or completeness of any environmental, geological, financial, operating or other information it has provided relating to the Newmont Property, and HEI agrees that Newmont shall have no liability for any damages relating to any inaccuracies or incompleteness of such information.
