Buyer’s Independent Investigation. (a) By Buyer electing to proceed under Section 2.2, Buyer will be deemed to have acknowledged and agreed that it has been given a full opportunity to inspect and investigate each and every aspect of the Property, either independently or through agents of Buyer’s choosing, including, without limitation:
Buyer’s Independent Investigation. 7.3.1. Buyer has been given, or will be given before the end of the Due Diligence Period, assuming compliance by Seller with the terms of this Agreement, a full opportunity to inspect and investigate each and every aspect of the Property, either independently or through agents of Buyer’s choosing, including, without limitation:
Buyer’s Independent Investigation. Buyer and its Representatives have undertaken an independent investigation and verification of the Company Assets and the business, operations, and financial condition of the Company. Except for the representations and warranties made by Seller and the Company in this Agreement, Buyer acknowledges that there are no representations or warranties, express or implied, as to the Company Assets or the condition (financial or otherwise), assets, liabilities, operations, business or prospects of the Company.
Buyer’s Independent Investigation. (a) Buyer acknowledges and agrees that it has been given or will be given before the end of the Contingency Period, a full opportunity to inspect and investigate each and every aspect of the Property, either independently or through agents of Buyer's choosing, including, without limitation:
Buyer’s Independent Investigation. Buyer acknowledges that by the expiration of the Review Period, unless Buyer notifies Seller otherwise in writing (in which case Buyer shall be entitled to exercise its rights under Section 3.1 above to terminate this Agreement, but, for purposes of Section 5.1 above, such notice and the circumstances underlying such notice shall not constitute a default by Seller that entitles Buyer to reimbursement of any of the expenses set forth therein), Buyer shall have been given, or waived its right to, a full opportunity to inspect and investigate, and shall have reviewed as thoroughly as it desires, each and every aspect of the Property, either independently or through agents of Buyer’s choosing, including, without limitation: All matters relating to title, together with all governmental and other legal requirements such as taxes, assessments, zoning, use permit requirements, and building codes; The physical condition and aspects of the Property, including, without limitation, the interior, the exterior, the square footage within the improvements on the Real Property and within each tenant space therein, the structure, the paving, the utilities, and all other physical and functional aspects of the Property, including, without limitation, an examination for the presence or absence of Hazardous Materials, which shall be performed or arranged by Buyer at Buyer’s sole expense; Any easements and/or access rights affecting the Property; The Leases and all matters in connection therewith, including, without limitation, the ability of the Tenants to pay rent, the tenant improvements performed or to be performed and the construction contract relating thereto; The Contracts, the Licenses and Permits and any other documents or agreements of significance affecting the Property; and All other matters of material significance affecting the Property or delivered to Buyer by Seller in accordance with Article 3 of this Agreement, or which Buyer otherwise reasonably considers to be relevant to the acquisition of the Property. THE TRANSACTION CONTEMPLATED BY THIS AGREEMENT HAS BEEN NEGOTIATED BETWEEN SELLER AND BUYER, THIS AGREEMENT REFLECTS THE MUTUAL AGREEMENT OF SELLER AND BUYER, AND BUYER HAS BEEN AFFORDED THE OPPORTUNITY TO CONDUCT ITS OWN INDEPENDENT EXAMINATION OF THE PROPERTY. OTHER THAN THE MATTERS REPRESENTED IN SECTION 6.1 HEREOF AS SUCH MAY BE LIMITED BY SECTION 6.2 HEREOF OR IN OTHER PROVISIONS OF THIS AGREEMENT, BUYER HAS NOT RELIED UPON AND WILL NOT RELY UPON, EITHER...
Buyer’s Independent Investigation. (a) Buyer, for itself and any successors or assigns (including any Permitted Assignees), acknowledges and agrees that it has been given the full opportunity to inspect and investigate each and every aspect of each Property, either independently or through agents, representatives or experts of Buyer's choosing, as Buyer considers necessary or appropriate, and that Buyer is completely satisfied with such independent investigation (but the foregoing will not constitute a waiver of any breach of representation or warranty set forth in Section 4.1 unless such breach is disclosed in the Due Diligence Materials or is otherwise known by Buyer and/or any Permitted Assignee before the Closing Date and Buyer and/or such Permitted Assignee(s) elect to proceed with the Closing). Such independent investigation by Buyer may include, without limitation:
Buyer’s Independent Investigation. THE PURCHASED ASSETS ARE BEING CONVEYED AAS IS,@ AWHERE IS@ AND AWITH ALL FAULTS@ ON THE DATE HEREOF AND ON THE CLOSING DATE. EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES CONTAINED IN ARTICLE IV OF THIS AGREEMENT, SELLER MAKES NO OTHER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY, INCLUDING REPRESENTATIONS OR WARRANTIES AS TO THE CONDITION OF THE PURCHASED ASSETS, THEIR CONTENTS, THEIR FITNESS FOR ANY INTENDED USE, THE INCOME DERIVED OR POTENTIALLY TO BE DERIVED FROM THE PURCHASED ASSETS OR THE BUSINESS, OR THE EXPENSES INCURRED OR POTENTIALLY TO BE INCURRED IN CONNECTION WITH THE PURCHASED ASSETS OR THE BUSINESS. BUYER HEREBY ACKNOWLEDGES THAT BUYER IS ACQUIRING THE PURCHASED ASSETS BASED SOLELY UPON BUYER'S OWN INDEPENDENT INVESTIGATIONS AND INSPECTIONS OF THE PURCHASED ASSETS AND NOT IN RELIANCE UPON ANY INFORMATION PROVIDED BY SELLER, ITS AFFILIATES, EMPLOYEES AND/OR AGENTS, EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT. BUYER ACKNOWLEDGES THAT SELLER SPECIFICALLY DISCLAIMS ANY WARRANTY, GUARANTY OR REPRESENTATION, ORAL OR WRITTEN, PAST OR PRESENT, EXPRESS OR IMPLIED, CONCERNING THE PURCHASED ASSETS OR SELLER'S TITLE THERETO.
Buyer’s Independent Investigation. Buyer has been given, either independently or through agents of Buyer’s choosing, an opportunity to review all material matters regarding the Property, including:
Buyer’s Independent Investigation. (a) During the Feasibility Period, Buyer acknowledges that it will investigate to the extent deemed necessary by Buyer, all matters relating to title and governmental regulations affecting the Property, together with all governmental and other legal requirements such as taxes, assessments, zoning, use permit requirements and building codes. In addition, Buyer and its representatives, agents, consultants and contractors shall have the right to enter the Property, or applicable portion thereof, to inspect it, including, without limitation, the interior, the exterior, the structure, the paving, the utilities, and all other physical and functional aspects of the Property (each, a “Buyer Inspection”) subject to the following terms and conditions:
Buyer’s Independent Investigation. Buyer and its Representatives have undertaken an independent investigation and verification of the business, operations and financial condition of the Company. Except for the representations and warranties made by Seller relating to the Company in this Agreement or in any certificate or written statement furnished or to be furnished to Buyer pursuant to this Agreement, Buyer acknowledges that:
