CONDITION OF Sample Clauses

CONDITION OF. PREMISES Lessee has examined and knows the condition of the Premises, has received the same “as is,” and acknowledges that no representations as to the condition of the Premises have been made by County prior to or at the execution of this Agreement.
CONDITION OF. IMPROVEMENTS The vendor discloses that some of the improvements on the property are in poor, unserviceable or inoperable condition. The property, all the improvements on it and the inclusions are sold on an ‘as is where is’ basis. The purchaser relies on its own inspection of their condition. The vendor makes no representation, and offers no warranty about, the condition of the property. DAMAGE OR DESTRUCTION The Buyer may make no Objection if the improvements on the property (including the Inclusions) are damaged or destroyed prior to completion, whether or not the Buyer has taken out insurance in relation to the property. The vendor will use reasonable endeavours at the cost of the Buyer to assist the Buyer in making any insurance claim it may have in relation to the damage or destruction (but this does not require the vendor to take out or maintain insurance) and the Buyer indemnifies the vendor against and releases the vendor from any liability, loss or cost arising from or in connection with the vendor complying with its obligations under this special condition. FIRB The property is below the value threshold and purchaser is not a foreign Government See attached threshold details NON RESIDENT WITHHOLDING TAX The value of the property is below the $2M threshold in section 14-215 (TAA), the purchaser must not withhold any payment on completion. CONFIDENTIALITY This Heads of Agreement and all communications regarding the commercial terms of this matter are to remain confidential between the parties and their advisors. Before completion, neither party may make any public or media announcement or may make any statement if contacted by the media. After completion, the vendor will not make any public or media announcement without the purchaser’s agreement. The vendor will not make any statement if contacted by the press. BOARD APPROVAL These Heads of Agreement are subject to the vendor’s board approval. LEGAL INTENTION The parties do not intend to be legally bound to respectively sell or purchase the property until they have exchanged a formal contract for sale of land. The parties do intend to be otherwise legally bound by their agreements in this heads of agreement.
CONDITION OF. PREMISES LESSOR shall deliver the premises in the following condition:
CONDITION OF. A l l present employees who are members of the Union on June shall remain members of the Union. All persons who become employed on or after June shall become members of the Union by the pay period immediately following completion of thirty (30) calendar days of employment. A l l such employees shall remain members of the Union as a condition of employment provided that no employee shall be deprived of employment by reason of loss of membership in the Union for reasons other than the failure to pay the regular Union dues that all other members of the Union are required to pay to the Union. Out No Permanent Employee shall be laid-off solely because of contracting out. All employees covered by this Agreement shall have deducted in each pay period an amount equivalent to the Union's dues. such check-off shall take effect from the first day of pay period following employment. The Board shall deduct from each employee the initiation fees of the Union and any levies or assessments duly authorized by the Union to be levied across the bargaining unit as a whole, which are in writing to the Board. It shall be the responsibility of the Board at the time of documentation to ensure that each employee is given a current copy of the Collective Agreement. A l l employees shall receive a copy of each new contract. New
CONDITION OF. PREMISES Tenant acknowledges and agrees that, except for Landlord's work set forth in Article 45 of the Rider, there have been no representations or warranties made by or on behalf of Landlord with respect to the Premises or the Building or with respect to the suitability of either for the conduct of Tenant's business. The taking of possession of the Premises by Tenant shall conclusively establish that the Premises and the Building were in satisfactory condition, order and repair at such time.
CONDITION OF. SECOND AMENDMENT PREMISES -------------------------------------- Notwithstanding anything to the contrary herein or in the Lease contained, Tenant shall lease the Second Amendment Premises "as-is", in the condition in which the Second Amendment Premises are in as of the Term Commencement Date in respect of the Second Amendment Premises without any obligation on the part of Landlord to prepare or construct the Second Amendment Premises for Tenant's occupancy, and without any representation or warranty by Landlord as to the condition of the Second Amendment Premises.
CONDITION OF. PREMISES If property is unimproved, grass and weeds must be kept cut below ten (10) inches. If property is improved, it must be landscaped within six (6) months upon completion of construction (or no later than is practicable based on weather and growing conditions) according to a plan approved by the Grantors or such successors. Landscaping shall be designed to provide a park-like setting for the buildings and to screen parking, loading, and road areas. Minimum standards for trees include: street trees 2 inches caliper, evergreen trees 4 feet - 6 feet height, and deciduous ornamental and screening trees 2 inches caliper. All grounds will be maintained in first-class condition suitable to a quality industrial park. If, in the opinion of the Grantors or such successors, property is poorly maintained, and after thirty (30) days prior notice to the owner, the Grantors or their successors reserve the right to enter upon the premises and to 43 maintain the same in proper condition at the owner's expense.


  • Environmental Condition Except as disclosed in the Schedule, none of Borrower’s or any Subsidiary’s properties or assets has ever been used by Borrower or any Subsidiary or, to the best of Borrower’s knowledge, by previous owners or operators, in the disposal of, or to produce, store, handle, treat, release, or transport, any hazardous waste or hazardous substance other than in accordance with applicable law; to the best of Borrower’s knowledge, none of Borrower’s properties or assets has ever been designated or identified in any manner pursuant to any environmental protection statute as a hazardous waste or hazardous substance disposal site, or a candidate for closure pursuant to any environmental protection statute; no lien arising under any environmental protection statute has attached to any revenues or to any real or personal property owned by Borrower or any Subsidiary; and neither Borrower nor any Subsidiary has received a summons, citation, notice, or directive from the Environmental Protection Agency or any other federal, state or other governmental agency concerning any action or omission by Borrower or any Subsidiary resulting in the releasing, or otherwise disposing of hazardous waste or hazardous substances into the environment.

  • Environmental Conditions A Phase I environmental site assessment (or update of a previous Phase I and or Phase II site assessment) and, with respect to certain Mortgage Loans, a Phase II environmental site assessment (collectively, an “ESA”) meeting ASTM requirements conducted by a reputable environmental consultant in connection with such Mortgage Loan within 12 months prior to its origination date (or an update of a previous ESA was prepared), and such ESA either (i) did not identify the existence of recognized environmental conditions (as such term is defined in ASTM E1527-05 or its successor, hereinafter “Environmental Condition”) at the related Mortgaged Property or the need for further investigation with respect to any Environmental Condition that was identified, or (ii) if the existence of an Environmental Condition or need for further investigation was indicated in any such ESA, then at least one of the following statements is true: (A) an amount reasonably estimated by a reputable environmental consultant to be sufficient to cover the estimated cost to cure any material noncompliance with applicable environmental laws or the Environmental Condition has been escrowed by the related Borrower and is held or controlled by the related lender; (B) if the only Environmental Condition relates to the presence of asbestos-containing materials, radon in indoor air, lead based paint or lead in drinking water, and the only recommended action in the ESA is the institution of such a plan, an operations or maintenance plan has been required to be instituted by the related Borrower that can reasonably be expected to mitigate the identified risk; (C) the Environmental Condition identified in the related environmental report was remediated or abated in all material respects prior to the date hereof, and, if and as appropriate, a no further action or closure letter was obtained from the applicable governmental regulatory authority (or the Environmental Condition affecting the related Mortgaged Property was otherwise listed by such governmental authority as “closed” or a reputable environmental consultant has concluded that no further action is required); (D) a secured creditor environmental policy or a pollution legal liability insurance policy that covers liability for the Environmental Condition was obtained from an insurer rated no less than A- (or the equivalent) by Moody’s, S&P and/or Fitch; (E) a party not related to the Borrower was identified as the responsible party for such Environmental Condition and such responsible party has financial resources reasonably estimated to be adequate to address the situation; or (F) a party related to the Borrower having financial resources reasonably estimated to be adequate to address the situation is required to take action. To Seller’s knowledge, except as set forth in the ESA, there is no Environmental Condition (as such term is defined in ASTM E1527-05 or its successor) at the related Mortgaged Property.