Common use of California Specific Provisions Clause in Contracts

California Specific Provisions. (a) Section 25359.7 of the California Health and Safety Code requires owners of nonresidential property who know or have reasonable cause to believe that a release of Hazardous Substances have come to be located on or beneath real property to provide written notice of that condition to a buyer of said real property. There is a possibility that a release of Hazardous Substances may have come to be located on or beneath the Property. By Buyer's execution of this Agreement, Buyer (a) acknowledges Buyer's receipt of the foregoing notice given pursuant to Section 25359.7 of the California Health and Safety Code and that it is aware of the benefits conferred to Buyer by Section 1542 of the California Civil Code and the risks it assumes by any waiver of Buyer's benefits thereunder and (b) as of the Closing Date and after receiving advice of Buyer's legal counsel, waives any and all rights or remedies whatsoever, express, implied, statutory or by operation of law, Buyer may have against Seller, including remedies for actual damages under Section 25359.7 of the California Health and Safety Code, arising out of or resulting from any unknown, unforeseen or unanticipated presence or releases of Hazardous Substances or other hazardous materials from, on or about the Property.

Appears in 2 contracts

Samples: Agreement of Purchase and Sale and Joint Escrow Instructions (NetApp, Inc.), Agreement of Purchase and Sale and Joint Escrow Instructions (NetApp, Inc.)

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California Specific Provisions. (a) Section 25359.7 of the California Health and Safety Code requires owners of nonresidential property who know or have reasonable cause to believe that a release of a Hazardous Substances Material have come to be located on or beneath real property to provide written notice of that condition to a buyer purchaser of said real property. There is a possibility that a release of Hazardous Substances Material may have come to be located on or beneath the Propertyone or more Properties. By Buyer's the Purchaser’s execution of this Agreement, Buyer the Purchaser (ai) acknowledges Buyer's the Purchaser’s receipt of the foregoing notice given pursuant to Section 25359.7 of the California Health and Safety Code and that it is aware of the benefits conferred to Buyer the Purchaser by Section 1542 of the California Civil Code and the risks it assumes by any waiver of Buyer's the Purchaser’s benefits thereunder and (bii) as of the date hereof and as of the Closing Date and after receiving advice of Buyer's the Purchaser’s legal counsel, waives any and all rights or remedies whatsoever, express, implied, statutory or by operation of law, Buyer the Purchaser may have against any Seller, including remedies for actual damages under Section 25359.7 of the California Health and Safety Code, arising out of or resulting from any unknown, unforeseen or unanticipated presence or releases of Hazardous Substances hazardous substances or other hazardous materials from, on or about any Property. The foregoing shall not qualify any of the Propertyrepresentations and warranties expressly set forth in this Agreement.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Hcp, Inc.), Purchase and Sale Agreement (Emeritus Corp\wa\)

California Specific Provisions. (a) Section 25359.7 of the California Health and Safety Code requires owners of nonresidential property who know or have reasonable cause to believe that a release of a Hazardous Substances Material have come to be located on or beneath real property to provide written notice of that condition to a buyer of said real property. There is a possibility that a release of Hazardous Substances Material may have come to be located on or beneath the Property. By Buyer's ’s execution of this Agreement, Buyer (a) acknowledges Buyer's ’s receipt of the foregoing notice given pursuant to Section 25359.7 of the California Health and Safety Code and that it is aware of the benefits conferred to Buyer by Section 1542 of the California Civil Code and the risks it assumes by any waiver of Buyer's ’s benefits thereunder and (b) as of the Effective Date and as of the Closing Date and after receiving advice of Buyer's ’s legal counsel, waives any and all rights or remedies whatsoever, express, implied, statutory or by operation of law, Buyer may have against Seller, including remedies for actual damages under Section 25359.7 of the California Health and Safety Code, arising out of or resulting from any unknown, unforeseen or unanticipated presence or releases of Hazardous Substances hazardous substances or other hazardous materials from, on or about the Property.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Terreno Realty Corp)

California Specific Provisions. (a) Section 25359.7 of the California Health and Safety Code requires owners of nonresidential property who know or have reasonable cause to believe that a release of a Hazardous Substances Material have come to be located on or beneath real property to provide written notice of that condition to a buyer of said real property. There is a possibility that a release of Hazardous Substances Material may have come to be located on or beneath the Propertyone or more Properties. By the Buyer's execution of this Agreement, the Buyer (ai) acknowledges the Buyer's receipt of the foregoing notice given pursuant to Section 25359.7 of the California Health and Safety Code and that it is aware of the benefits conferred to the Buyer by Section 1542 of the California Civil Code and the risks it assumes by any waiver of the Buyer's benefits thereunder and (bii) as of the date hereof and as of the Closing Date and after receiving advice of the Buyer's legal counsel, waives any and all rights or remedies whatsoever, express, implied, statutory or by operation of law, the Buyer may have against any Seller, including remedies for actual damages under Section 25359.7 of the California Health and Safety Code, arising out of or resulting from any unknown, unforeseen or unanticipated presence or releases of Hazardous Substances hazardous substances or other hazardous materials from, on or about any Property. The foregoing shall not qualify any of the Propertyrepresentations and warranties expressly set forth in this Agreement.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (DiamondRock Hospitality Co)

California Specific Provisions. (a) Section 25359.7 of the California Health and Safety Code requires owners of nonresidential property who know or have reasonable cause to believe that a release of a Hazardous Substances Material have come to be located on or beneath real property to provide written notice of that condition to a buyer of said real property. There is a possibility that a release of Hazardous Substances Material may have come to be located on or beneath the Property. By Buyer's ’s execution of this Agreement, Buyer (a) acknowledges Buyer's ’s receipt of the foregoing notice given pursuant to Section 25359.7 of the California Health and Safety Code and that it is aware of the benefits conferred to Buyer by Section 1542 of the California Civil Code and the risks it assumes by any waiver of Buyer's ’s benefits thereunder and (b) as of the date hereof and as of the Closing Date and after receiving advice of Buyer's ’s legal counsel, waives any and all rights or remedies whatsoever, express, implied, statutory or by operation of law, Buyer may have against Seller, including remedies for actual damages under Section 25359.7 of the California Health and Safety Code, arising out of or resulting from any unknown, unforeseen or unanticipated presence or releases of Hazardous Substances hazardous substances or other hazardous materials from, on or about the PropertyPremises.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Strategic Hotels & Resorts, Inc)

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California Specific Provisions. (a) Section 25359.7 of the California Health and Safety Code requires owners of nonresidential property who know or have reasonable cause to believe that a release of Hazardous Substances Materials have come to be located on or beneath real property to provide written notice of that condition to a buyer of said real property. There is a possibility that a release of Hazardous Substances Materials may have come to be located on or beneath the PropertyPremises, and without in any way limiting the foregoing, as Buyer is already aware, there are conditions associated with the San Xxxxxxxx Valley (area 2 Glendale) Superfund Site (EPA #: CAD980894901) for which Seller and Tenant are not responsible nor identified as potentially responsible parties. By Buyer's ’s execution of this Agreement, Buyer (a) acknowledges Buyer's ’s receipt of the foregoing notice given pursuant to Section 25359.7 of the California Health and Safety Code and that it is aware of the benefits conferred to Buyer by Section 1542 of the California Civil Code and the risks it assumes by any waiver of Buyer's ’s benefits thereunder and (b) as of the date hereof and the Closing Date and after receiving advice of Buyer's ’s legal counsel, waives any and all rights or remedies whatsoever, express, implied, statutory or by operation of law, Buyer may have against Seller, including remedies for actual damages under Section 25359.7 of the California Health and Safety Code, arising out of or resulting from any unknown, unforeseen or unanticipated presence or releases of Hazardous Substances Materials or other hazardous materials from, on or about the PropertyPremises.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Griffin Capital Essential Asset REIT, Inc.)

California Specific Provisions. (a) Section 25359.7 of the California Health and Safety Code requires owners of nonresidential property who know or have reasonable cause to believe that a release of Hazardous Substances Materials have come to be located on or beneath real property to provide written notice of that condition to a buyer of said real property. There is a possibility that a release of Hazardous Substances Materials may have come to be located on or beneath the Property, and without in any way limiting the foregoing, as Buyer is already aware, there are conditions associated with the San Xxxxxxxx Valley (area 2 Glendale) Superfund Site (EPA #: CAD980894901) for which Seller and DWA are not responsible nor identified as potentially responsible parties. By Buyer's ’s execution of this Agreement, Buyer (a) acknowledges Buyer's ’s receipt of the foregoing notice given pursuant to Section 25359.7 of the California Health and Safety Code and that it is aware of the benefits conferred to Buyer by Section 1542 of the California Civil Code and the risks it assumes by any waiver of Buyer's ’s benefits thereunder and (b) as of the date hereof and the Closing Date and after receiving advice of Buyer's ’s legal counsel, waives any and all rights or remedies whatsoever, express, implied, statutory or by operation of law, Buyer may have against Seller, including remedies for actual damages under Section 25359.7 of the California Health and Safety Code, arising out of or resulting from any unknown, unforeseen or unanticipated presence or releases of Hazardous Substances Materials or other hazardous materials from, on or about the Property.

Appears in 1 contract

Samples: Purchase Agreement (DreamWorks Animation SKG, Inc.)

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