Change of Conditions. SUBJECT TO SELLER'S OBLIGATIONS UNDER ARTICLE IX BELOW, PURCHASER SHALL ACCEPT THE PROPERTY AT THE TIME OF CLOSING IN SUBSTANTIALLY THE SAME CONDITION AS THE SAME IS AS OF THE EFFECTIVE DATE, AS SUCH CONDITION SHALL HAVE CHANGED BY REASON OF NORMAL WEAR AND TEAR AND NATURAL DETERIORATION AND, SUBJECT TO SECTIONS 11.1 AND 11.2 BELOW, CONDEMNATION OR DAMAGE BY FIRE OR OTHER CASUALTY AND, EXCEPT AS SPECFICALLY SET FORTH IN THIS AGREEMENT, PURCHSER SHALL HAVE NO RIGHT TO NOT PROCEED TO CLOSING BASED ON ANY CHANGE IN SUCH CONDITION. EXCEPT AS PROVIDED IN ARTICLE IX BELOW, SELLER HAS NO OBLIGATION TO MAKE ANY REPAIRS OR REPLACEMENTS REQUIRED BY REASON OF NORMAL WEAR AND TEAR, NATURAL DETERIORATION OR CONDEMNATION OR FIRE OR OTHER CASUALTY, BUT MAY, AT ITS OPTION AND ITS COST (INCLUDING THE USE OF INSURANCE PROCEEDS AS HEREIN PROVIDED), MAKE ANY SUCH REPAIRS AND REPLACEMENTS PRIOR TO THE CLOSING DATE. EXCEPT WITH RESPECT TO ANY CLAIMS BROUGHT BY PURCHASER WITH RESPECT TO ANY OF SELLER'S REPRESENTATIONS IN ACCORDANCE WITH THE TERMS OF SECTION 7.1 ABOVE, PURCHASER, ITS SUCCESSORS AND ASSIGNS, AND ANYONE CLAIMING BY, THROUGH OR UNDER PURCHASER, HEREBY FULLY RELEASES SELLER AND ITS INDEMNIFIED PARTIES FROM, AND IRREVOCABLY WAIVES ITS RIGHT TO MAINTAIN, ANY AND ALL CLAIMS AND CAUSES OF ACTION THAT IT OR THEY MAY NOW HAVE OR HEREAFTER ACQUIRE AGAINST SELLER OR ITS INDEMNIFIED PARTIES WITH RESPECT TO ANY AND ALL LOSSES ARISING FROM OR RELATED TO ANY DEFECTS, ERRORS, OMISSIONS OR OTHER CONDITIONS AFFECTING THE PROPERTY. SUBJECT TO THE SELLER’S COMPLIANCE WITH ITS OBLIGATIONS UNDER SECTION 9.1 BELOW, PURCHASER AGREES THAT THE DEPARTURE OR REMOVAL, PRIOR TO CLOSING, OF ANY OF TENANTS SHALL NOT BE THE BASIS FOR, NOR SHALL IT GIVE RISE TO, ANY CLAIM ON THE PART OF PURCHASER, NOR SHALL IT AFFECT THE OBLIGATIONS OF PURCHASER UNDER THIS AGREEMENT IN ANY MANNER WHATSOEVER; AND PURCHASER SHALL CLOSE TITLE AND ACCEPT DELIVERY OF THE DEED WITH OR WITHOUT SUCH TENANTS IN POSSESSION AND WITHOUT ANY ALLOWANCE OR REDUCTION IN THE PURCHASE PRICE UNDER THIS AGREEMENT. PURCHASER HEREBY RELEASES SELLER FROM ANY AND ALL CLAIMS AND LIABILITIES RELATING TO THE FOREGOING MATTERS.
Change of Conditions. Buyer shall accept the Property at Closing in the same condition as the Property is as of the Contract Date, as such condition shall have changed by reason of wear and tear and natural deterioration and, subject to Sections 14 and 15 hereof, condemnation or damage by fire or other casualty. Without limiting the generality of the foregoing, Buyer specifically acknowledges that the fact that any portion of the Property may not be in working order or condition at the Closing Date by reason of wear and tear and natural deterioration or damage by fire or other casualty, or by reason of its present condition, shall not relieve Buyer of its obligation to complete closing under this Agreement and pay the full Consideration. Seller has no obligation to make any repairs or replacements required by reason of wear and tear and natural deterioration or condemnation or fire or other casualty, but may, at its option and its cost (including the use of insurance proceeds as herein provided), make any such repairs and replacements prior to the Closing Date.
Change of Conditions. If one or more of the Purposes of this Conservation Easement may no longer be accomplished, such failure of purpose shall not be deemed sufficient cause to terminate the entire Conservation Easement as long as any other purpose of the Conservation Easement may be accomplished. In addition, the inability to carry on any or all of the permitted uses, or the unprofitability of doing so, shall not impair the validity of this Conservation Easement or be considered grounds for its termination or extinguishment. Grantor and Xxxxxxx agree that global warming and climate change-caused effects shall not be a basis for termination of this Conservation Easement.
Change of Conditions. The fact that any use of the Easement Property expressly prohibited by this Easement or otherwise determined inconsistent with the purpose of this Easement may become significantly more valuable or economical than permitted uses, or that neighboring properties may in the future be put entirely to uses inconsistent with this Easement, has been considered by Grantor in granting this Easement. It is Grantor's belief that any such changes will increase the public's benefit and interest in the continuation of this Easement, and it is the intent of both Grantor and Grantee that any such changes are not to be considered circumstances sufficient to terminate this Easement, in whole or in part. In addition, the inability to carry on any or all of the permitted uses, or the unprofitability of doing so, shall not impair the validity of this Easement or be considered grounds for its termination.
Change of Conditions supply and documentation FarmCamps has the right to change its booking terms and unilaterally change its offerings and will always publish the latest relevant information on its website (xxx.xxxxxxxxx.xx).
Change of Conditions. In the event that, during the duration of this Agreement, the regulations in force at the time of its execution are drastically modified, or in the event that the data on which the Parties relied to enter into this Agreement change in such a manner that one Party shall suffer severe hardship from its performance of this Agreement, which could not reasonably be foreseen as of the date on which this Agreement was executed, the Parties shall then meet and adapt the conditions of this Agreement to the new situation, in a manner equitable to both Parties.
Change of Conditions. The Department reserves the right to re-underwrite the Development based on new information or funding sources. Particular attention will be paid to the continued feasibility of the Development and the maintenance of the security position of the Program Loan. If the new information demonstrates a reduction or elimination of financing gap being addressed by the Program Loan, the Department will reduce the amount of the Loan award accordingly. If the Department has underwritten the Program Loan pursuant to California Housing Finance Agency (CalHFA) or Department of Housing and Urban Development (HUD) requirements and the Development subsequently does not utilize the CalHFA or HUD financing, the Program Loan will be re-underwritten by the Department pursuant to Program Requirements. In the event the Department determines the Development is no longer financially feasible, the award and any Loan commitment issued by the Department may be revoked.
Change of Conditions. In the event that Executive's principal place of employment with Company is changed to a location more than thirty (30) miles from the boundary of the corporate limits of Grand Rapids, Michigan without Executive's consent or Executive suffers a material reduction in the aggregate of cash compensation and benefits which is not in proportion to a general reduction for salaried employees of Company.
Change of Conditions. A change of conditions under which PG&E, CUSTOMER or the System operates which is beyond the control of the parties such that the System cannot continue to operate as contemplated by the terms of this Agreement, including, without limitation:
Change of Conditions. A change of conditions under which -------------------- XXX, SRP or the System operates which is beyond the control of the parties such that the System cannot continue to operate as contemplated by the terms of this Agreement, or meet the Minimum Performance Standards for the sale of Telecommunications Services, including, without limitation:
