Common use of Condition of Property Clause in Contracts

Condition of Property. Buyer acknowledges that Buyer was and is solely responsible for making a thorough inspection of the property at its own expense, as well as thoroughly researching any and all information available about the Property and its surroundings prior to the date of this Agreement. Prior to signing this Agreement, Buyer acknowledges that Buyer or its designee was afforded the right to have an inspection(s) of the physical condition of the Property at Buyer’s expense. This Agreement is NOT contingent upon an inspection by the Buyer. Buyer is purchasing the property on an “AS IS” basis without any warranties, express or implied, from Seller. Seller will not make any repair or improvement to the property. Buyer further acknowledges that Buyer is not relying upon any statement or representation by Seller or any other representatives of Seller which are not expressly set forth in this agreement. BUYER ACKNOWLEDGES AND AGREES THAT BUYER HAS BEEN INFORMED AND UNDERSTANDS THAT SELLER MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY ASPECT, IMPROVEMENT, FIXTURE, OR CONDITION OF THE PROPERTY OR THE INCLUSIONS, INCLUDING, WITHOUT LIMITATION, THE EXISTENCES OF HAZARDOUS WASTE OR MATERIALS ENVIRONMENTAL CONCERNS, OR ENVIRONMENTAL CONDITIONS THEREON, OR THE SUITABILITY OF THE PROPERTY FOR BUYER’S INTENDED USE, TO BUYER BEYOND THOSE EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.

Appears in 69 contracts

Samples: Estate Buy Sell Agreement, Estate Buy Sell Agreement, Estate Buy Sell Agreement

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Condition of Property. Buyer acknowledges that Buyer was and is solely responsible for making a thorough inspection of the property at its own expense, as well as thoroughly researching any and all information available about the Property and its surroundings prior to the date of this Agreement. Prior to signing this Agreement, Buyer Xxxxx acknowledges that Buyer or its designee was afforded the right to have an inspection(s) of the physical condition of the Property at Buyer’s expense. This Agreement is NOT contingent upon an inspection by the Buyer. Buyer is purchasing the property on an “AS IS” basis without any warranties, express or implied, from Seller. Seller will not make any repair or improvement to the property. Buyer further acknowledges that Buyer is not relying upon any statement or representation by Seller or any other representatives of Seller which are not expressly set forth in this agreement. BUYER ACKNOWLEDGES AND AGREES THAT BUYER HAS BEEN INFORMED AND UNDERSTANDS THAT SELLER MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY ASPECT, IMPROVEMENT, FIXTURE, OR CONDITION OF THE PROPERTY OR THE INCLUSIONS, INCLUDING, WITHOUT LIMITATION, THE EXISTENCES OF HAZARDOUS WASTE OR MATERIALS ENVIRONMENTAL CONCERNS, OR ENVIRONMENTAL CONDITIONS THEREON, OR THE SUITABILITY OF THE PROPERTY FOR BUYER’S INTENDED USE, TO BUYER BEYOND THOSE EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.

Appears in 36 contracts

Samples: Real Estate Buy Sell Agreement, Estate Buy Sell Agreement, Buy Sell Agreement

Condition of Property. Buyer acknowledges that Buyer was and is solely responsible for making a thorough inspection of the property at its own expense, as well as thoroughly researching any and all information available about the Property and its surroundings prior to the date of this Agreement. Prior to signing this Agreement, Buyer acknowledges that Buyer or its designee was afforded the right to have an inspection(s) of the physical condition of the Property at Buyer’s expense. This Agreement is NOT contingent upon an inspection by the Buyer. Buyer is purchasing the property on an “AS IS” basis without any warranties, express or implied, from Seller. Seller will not make any repair or improvement to the property. Buyer further acknowledges that Buyer is not relying upon any statement or representation by Seller or any other representatives of Seller which are not expressly set forth in this agreement. BUYER ACKNOWLEDGES AND AGREES THAT BUYER HAS BEEN INFORMED AND UNDERSTANDS THAT SELLER MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY ASPECT, IMPROVEMENT, FIXTURE, OR CONDITION OF THE PROPERTY OR THE INCLUSIONS, INCLUDING, WITHOUT LIMITATION, THE EXISTENCES OF HAZARDOUS WASTE OR MATERIALS ENVIRONMENTAL CONCERNS, OR ENVIRONMENTAL CONDITIONS THEREON, OR THE SUITABILITY OF THE PROPERTY FOR THE BUYER’S INTENDED USE, TO BUYER BEYOND THOSE EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.

Appears in 31 contracts

Samples: Buy Sell Agreement, Buy Sell Agreement, Buy Sell Agreement

Condition of Property. Buyer acknowledges that Buyer was and is solely responsible for making a thorough inspection of the property at its own expense, as well as thoroughly researching any and all information available about the Property and its surroundings prior to the date of this Agreement. Prior to signing this Agreement, Buyer acknowledges that Buyer or its designee was afforded the right to have an inspection(s) of the physical condition of the Property at Buyer’s expense. This Agreement is NOT contingent upon an inspection by the Buyer. Buyer is purchasing the property on an “AS IS” basis without any warranties, express or implied, from Seller. Seller will not make any repair or improvement to the property. Buyer further acknowledges that Buyer is not relying upon any statement or representation by Seller or any other representatives of Seller which are not expressly set forth in this agreement. BUYER ACKNOWLEDGES AND AGREES THAT BUYER HAS BEEN INFORMED AND UNDERSTANDS THAT SELLER MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY ASPECT, IMPROVEMENT, FIXTURE, OR CONDITION OF THE PROPERTY OR THE INCLUSIONS, INCLUDING, WITHOUT LIMITATION, THE EXISTENCES OF HAZARDOUS WASTE WASTER OR MATERIALS ENVIRONMENTAL CONCERNS, OR ENVIRONMENTAL CONDITIONS THEREON, OR THE SUITABILITY OF THE PROPERTY FOR THE BUYER’S INTENDED USE, TO BUYER BEYOND THOSE EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.

Appears in 23 contracts

Samples: Estate Buy Sell Agreement, Sell Agreement, Buy Sell Agreement

Condition of Property. Buyer acknowledges that Buyer was and is solely responsible for making a thorough inspection of the property at its own expense, as well as thoroughly researching any and all information available about the Property and its surroundings prior to the date of this Agreement. Prior to signing this Agreement, Buyer acknowledges that Buyer or its designee was afforded the right to have an inspection(s) of the physical condition of the Property at Buyer’s expense. This Agreement is NOT contingent upon an inspection by the Buyer. Buyer is purchasing the property on an “AS IS” basis without any warranties, express or implied, from Seller. Seller will not make any repair or improvement to the property. Buyer further acknowledges that Buyer is not relying upon any statement or representation by Seller or any other representatives of Seller which are not expressly set forth in this agreement. SAMPLE BUYER ACKNOWLEDGES AND AGREES THAT BUYER HAS BEEN INFORMED AND UNDERSTANDS THAT SELLER MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY ASPECT, IMPROVEMENT, FIXTURE, OR CONDITION OF THE PROPERTY OR THE INCLUSIONS, INCLUDING, WITHOUT LIMITATION, THE EXISTENCES OF HAZARDOUS WASTE OR MATERIALS ENVIRONMENTAL CONCERNS, OR ENVIRONMENTAL CONDITIONS THEREON, OR THE SUITABILITY OF THE PROPERTY FOR BUYER’S INTENDED USE, TO BUYER BEYOND THOSE EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.

Appears in 10 contracts

Samples: Estate Buy Sell Agreement, Estate Buy Sell Agreement, Estate Buy Sell Agreement

Condition of Property. Buyer acknowledges that Buyer was and is solely responsible for making a thorough inspection of the property at its own expense, as well as thoroughly researching any and all information available about the Property and its surroundings prior to the date of this Agreement. Prior to signing this Agreement, Buyer Xxxxx acknowledges that Buyer or its designee was afforded the right to have an inspection(s) of the physical condition of the Property at Buyer’s expense. This Agreement is NOT contingent upon an inspection by the Buyer. Buyer is purchasing the property on an “AS IS” basis without any warranties, express or implied, from Seller. Seller will not make any repair or improvement to the property. Buyer further acknowledges that Buyer is not relying upon any statement or representation by Seller or any other representatives of Seller which are not expressly set forth in this agreement. BUYER XXXXX ACKNOWLEDGES AND AGREES THAT BUYER HAS BEEN INFORMED AND UNDERSTANDS THAT SELLER MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY ASPECT, IMPROVEMENT, FIXTURE, OR CONDITION OF THE PROPERTY OR THE INCLUSIONS, INCLUDING, WITHOUT LIMITATION, THE EXISTENCES OF HAZARDOUS WASTE WASTER OR MATERIALS ENVIRONMENTAL CONCERNS, OR ENVIRONMENTAL CONDITIONS THEREON, OR THE SUITABILITY OF THE PROPERTY FOR THE BUYER’S INTENDED USE, TO BUYER BEYOND THOSE EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.

Appears in 4 contracts

Samples: Sell Agreement, Sell Agreement, Sell Agreement

Condition of Property. Buyer acknowledges that Buyer was and is solely responsible for making a thorough inspection of the property Property at its own expense, as well as thoroughly researching any and all information available about the Property and its surroundings prior to the date of this Agreement. Prior to signing this Agreement, Buyer Xxxxx acknowledges that Buyer or its designee was afforded the right to have an inspection(s) of the physical condition of the Property at Buyer’s expense. This Agreement is NOT contingent upon an inspection by Xxxxx. Buyer has satisfied itself as to the condition of the Property, and no further inspections shall impact Buyer’s duty at Closing. Buyer is purchasing the property Property on an “AS IS” basis without any warranties, express or implied, from Seller. Seller will not make any repair or improvement to the propertyProperty. Buyer Xxxxx further acknowledges that Buyer is not relying upon any statement or representation by Seller or by any broker(s) or any other representatives of Seller which are not expressly set forth in this agreementAgreement. BUYER ACKNOWLEDGES AND AGREES THAT BUYER HAS BEEN INFORMED AND UNDERSTANDS THAT SELLER MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY ASPECT, IMPROVEMENT, FIXTURE, FIXTURE OR CONDITION OF THE PROPERTY OR THE INCLUSIONS, INCLUDING, WITHOUT LIMITATION, THE EXISTENCES EXISTENCE OF HAZARDOUS WASTE OR MATERIALS ENVIRONMENTAL CONCERNS, OR ENVIRONMENTAL CONDITIONS THEREON, OR THE SUITABILITY OF THE PROPERTY FOR BUYER’S INTENDED USE, TO BUYER BEYOND THOSE EXPRESSLY PROVIDED FOR IN THIS AGREEMENT. DRAFT Xxxxx acknowledges that Seller has made no representation of any material fact concerning the Property beyond those expressly provided in this Agreement, that Xxxxx has had an adequate opportunity to inspect and investigate the Property; and, that Buyer has made a thorough independent examination and inspection of the Property, and is relying solely upon its own examination and inspection thereof. Buyer acknowledges that Seller has made no representation or warranty as to whether there exist any lead-based paint, mold and/or other micro- organisms that may exist upon the Property. Buyer acknowledges that Xxxxx has had adequate opportunity to check for, and hereby accepts the risk of the existence of lead-based paint on the Property, mold and/or other microorganisms thereon, and to hold Seller harmless therefor. Buyer acknowledges that Buyer has had adequate opportunity to determine whether any drainfield which may be associated with the Property is or is not fit to function as a drainfield, and Buyer is not relying on any representation of Seller or the identification on a plat or otherwise as drainfield property. Buyer further acknowledges that Seller has made no representation or warranty as to whether the boundary lines of the Property are accurate, nor any representation as to acreage or the number of square feet or frontage of the Property. Xxxxx acknowledges that any reference to square footage or acreage of the Property is intended to be an approximation only. Xxxxx has had an adequate opportunity to examine and inspect the boundaries of the Property and will make its own determination as to square footage, and/or frontage, and whether the location of improvements and boundaries are accurate, and is purchasing the Property in reliance upon its own determination thereof and regardless of whether or not said location of improvements and boundaries are accurate. Seller makes no warranty or representation with respect to the legal description as may be used herein. Xxxxx acknowledges further that Seller is not responsible, nor liable, to obtain or provide a survey of the Property to Buyer. Accordingly, Xxxxx is purchasing the Property “AS IS, WHERE IS”.

Appears in 3 contracts

Samples: Real Estate Purchase and Sale Agreement, Real Estate Purchase and Sale Agreement, Real Estate Purchase and Sale Agreement

Condition of Property. Buyer acknowledges that Buyer was and is solely responsible for making a thorough inspection of the property Property at its own expense, as well as thoroughly researching any and all information available about the Property and its surroundings prior to the date of this Agreement. Prior to signing this Agreement, Buyer acknowledges that Buyer or its designee was afforded the right to have an inspection(s) of the physical condition of the Property at Buyer’s expense. This Agreement is NOT contingent upon an inspection by Buyer. Buyer has satisfied itself as to the condition of the Property, and no further inspections shall impact Buyer’s duty at Closing. Buyer is purchasing the property Property on an “AS IS” basis without any warranties, express or implied, from Seller. Seller will not make any repair or improvement to the propertyProperty. Buyer further acknowledges that Buyer is not relying upon any statement or representation by Seller or by any broker(s) or any other representatives of Seller which are not expressly set forth in this agreementAgreement. BUYER ACKNOWLEDGES AND AGREES THAT BUYER HAS BEEN INFORMED AND UNDERSTANDS THAT SELLER MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY ASPECT, IMPROVEMENT, FIXTURE, FIXTURE OR CONDITION OF THE PROPERTY OR THE INCLUSIONS, INCLUDING, WITHOUT LIMITATION, THE EXISTENCES EXISTENCE OF HAZARDOUS WASTE OR MATERIALS ENVIRONMENTAL CONCERNS, OR ENVIRONMENTAL CONDITIONS THEREON, OR THE SUITABILITY OF THE PROPERTY FOR BUYER’S INTENDED USE, TO BUYER BEYOND THOSE EXPRESSLY PROVIDED FOR IN THIS AGREEMENT. Buyer acknowledges that Seller has made no representation of any material fact concerning the Property beyond those expressly provided in this Agreement, that Buyer has had an adequate opportunity to inspect and investigate the Property; and, that Buyer has made a thorough independent examination and inspection of the Property, and is relying solely upon its own examination and inspection thereof. Buyer acknowledges that Seller has made no representation or warranty as to whether there exist any lead-based paint, mold and/or other micro- organisms that may exist upon the Property. Buyer acknowledges that Buyer has had adequate opportunity to check for, and hereby accepts the risk of the existence of lead-based paint on the Property, mold and/or other microorganisms thereon, and to hold Seller harmless therefor. Buyer acknowledges that Buyer has had adequate opportunity to determine whether any drainfield which may be associated with the Property is or is not fit to function as a drainfield, and Buyer is not relying on any representation of Seller or the identification on a plat or otherwise as drainfield property. Buyer further acknowledges that Seller has made no representation or warranty as to whether the boundary lines of the Property are accurate, nor any representation as to acreage or the number of square feet or frontage of the Property. Buyer acknowledges that any reference to square footage or acreage of the Property is intended to be an approximation only. Buyer has had an adequate opportunity to examine and inspect the boundaries of the Property and will make its own determination as to square footage, and/or frontage, and whether the location of improvements and boundaries are accurate, and is purchasing the Property in reliance upon its own determination thereof and regardless of whether or not said location of improvements and boundaries are accurate. Seller makes no warranty or representation with respect to the legal description as may be used herein. Buyer acknowledges further that Seller is not responsible, nor liable, to obtain or provide a survey of the Property to Buyer. Accordingly, Buyer is purchasing the Property “AS IS, WHERE IS”.

Appears in 2 contracts

Samples: Real Estate Purchase and Sale Agreement, Real Estate Purchase and Sale Agreement

Condition of Property. Buyer acknowledges that Buyer was and is solely responsible for making a thorough inspection of the property at The Grantee does, by its own expense, as well as thoroughly researching any and all information available about the Property and its surroundings prior to the date acceptance of this Agreement. Prior to signing this AgreementIndenture, Buyer acknowledges that Buyer or its designee was afforded represent and warrant it is familiar with the right to have an inspection(s) of the physical condition of the Property at Buyer’s expense. This Agreement is lot or piece of ground described above and that, THE GRANTOR HAS NOT contingent upon an inspection by the Buyer. Buyer is purchasing the property on an “AS IS” basis without any warranties, express or implied, from Seller. Seller will not make any repair or improvement to the property. Buyer further acknowledges that Buyer is not relying upon any statement or representation by Seller or any other representatives of Seller which are not expressly set forth in this agreement. BUYER ACKNOWLEDGES MADE AND AGREES THAT BUYER HAS BEEN INFORMED AND UNDERSTANDS THAT SELLER MAKES NO REPRESENTATION WARRANTIES OR WARRANTYREPRESENTATIONS REGARDING THE PROPERTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY ASPECT, IMPROVEMENT, FIXTURE, OR CONDITION OF THE PROPERTY OR THE INCLUSIONS, INCLUDING, INCLUDING WITHOUT LIMITATION, ITS HABITABILITY, CONDITION OR FITNESS FOR ANY PARTICULAR USE OR PURPOSE. THE EXISTENCES OF HAZARDOUS WASTE OR MATERIALS ENVIRONMENTAL CONCERNS, OR ENVIRONMENTAL CONDITIONS THEREON, OR THE SUITABILITY OF GRANTEE AGREES THAT THE PROPERTY FOR BUYER’S INTENDED USEIS HEREBY CONVEYED BY THE GRANTOR AND ACCEPTED BY THE GRANTEE IN ITS “AS-IS, TO BUYER BEYOND THOSE EXPRESSLY PROVIDED FOR IN THIS AGREEMENTWHERE-IS” CONDITION. Entire Understanding This Indenture, the exhibits annexed hereto, and the Agreement of Sale dated , 2020 by and between the Grantor and the Grantee, together with its exhibits (the “Sale Agreement”) contain the entire understanding and agreement between the parties hereto relative to the subject matter hereof. No representations or statements, other than those expressly set forth herein and in the Sale Agreement, were relied upon by the parties in entering into this Indenture. No modification, waiver of, addition to, or deletion from the terms of this Indenture shall be effective unless reduced to writing and signed by the Grantor and the Grantee or their respective successors and assigns, each of whom expressly waives, releases and forever forswears any right under the law of New Jersey, which permits a contract, by its terms amendable only in writing, to be orally amended. This Indenture shall be binding upon and inure to the benefit of the Grantor Entities, and the Grantee and its successors, assigns, heirs, devisees and legal representatives, as the case may be, and any other person or entity expressly noted herein.

Appears in 2 contracts

Samples: Agreement of Sale, Agreement of Sale

Condition of Property. Buyer acknowledges that Buyer was and is solely responsible for making a thorough inspection of the property at its own expense, as well as thoroughly researching any and all information available about the Property and its surroundings prior to the date of this Agreement. Prior to signing this Agreement, Buyer acknowledges that Buyer or its designee was afforded the right to have an inspection(s) of the physical condition of the Property at Buyer’s expense. This Agreement is NOT contingent upon an inspection by the Buyer. Buyer is purchasing the property on an “AS IS” basis without any warranties, express or implied, from Seller. Seller will not make any repair or improvement to the property. Buyer further acknowledges that Buyer is not relying upon any statement or representation by Seller or any other representatives of Seller which are not expressly set forth in this agreement. BUYER ACKNOWLEDGES AND AGREES THAT BUYER HAS BEEN INFORMED AND UNDERSTANDS THAT SELLER MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY ASPECT, IMPROVEMENT, FIXTURE, OR CONDITION OF THE PROPERTY OR THE INCLUSIONS, INCLUDING, WITHOUT LIMITATION, THE EXISTENCES OF HAZARDOUS WASTE OR MATERIALS ENVIRONMENTAL CONCERNS, OR ENVIRONMENTAL CONDITIONS THEREON, OR THE SUITABILITY OF THE PROPERTY FOR THE BUYER’S INTENDED USE, TO BUYER BEYOND THOSE EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.

Appears in 2 contracts

Samples: Estate Buy Sell Agreement, Estate Buy Sell Agreement

Condition of Property. Buyer acknowledges that Buyer was and is solely responsible for making a thorough inspection of the property at its own expense, as well as thoroughly researching any and all information available about the Property and its surroundings prior to the date of this Agreement. Prior to signing this Agreement, Buyer Xxxxx acknowledges that Buyer or its designee was afforded the right to have an inspection(s) of the physical condition of the Property at Buyer’s expense. This Agreement is NOT contingent upon an inspection by the Buyer. Buyer Xxxxx is purchasing the property on an “AS IS” basis without any warranties, express or implied, from Seller. Seller will not make any repair or improvement to the property. Buyer further acknowledges that Buyer is not relying upon any statement or representation by Seller or any other representatives of Seller which are not expressly set forth in this agreement. BUYER XXXXX ACKNOWLEDGES AND AGREES THAT BUYER HAS BEEN INFORMED AND UNDERSTANDS THAT SELLER MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY ASPECT, IMPROVEMENT, FIXTURE, OR CONDITION OF THE PROPERTY OR THE INCLUSIONS, INCLUDING, WITHOUT LIMITATION, THE EXISTENCES OF HAZARDOUS WASTE OR MATERIALS ENVIRONMENTAL CONCERNS, OR ENVIRONMENTAL CONDITIONS THEREON, OR THE SUITABILITY OF THE PROPERTY FOR THE BUYER’S INTENDED USE, TO BUYER BEYOND THOSE EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.

Appears in 2 contracts

Samples: Buy Sell Agreement, Buy Sell Agreement

Condition of Property. Buyer acknowledges that Buyer was and is solely responsible for making a thorough inspection of the property Property at its own expense, as well as thoroughly researching any and all information available about the Property and its surroundings prior to the date of this Agreement. Prior to signing this Agreement, Buyer acknowledges that Buyer or its designee was afforded the right to have an inspection(s) of the physical condition of the Property at Buyer’s expense. This Agreement is NOT contingent upon an inspection by Buyer. Buyer has satisfied itself as to the condition of the Property, and no further inspections shall impact Buyer’s duty at Closing. Buyer is purchasing the property Property on an “AS IS” basis without any warranties, express or implied, from Seller. Seller will not make any repair or improvement to the propertyProperty. Buyer further acknowledges that Buyer is not relying upon any statement or representation by Seller or by any broker(s) or any other representatives of Seller which are not expressly set forth in this agreementAgreement. BUYER ACKNOWLEDGES AND AGREES THAT BUYER HAS BEEN INFORMED AND UNDERSTANDS THAT SELLER MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY ASPECT, IMPROVEMENT, FIXTURE, FIXTURE OR CONDITION OF THE PROPERTY OR THE INCLUSIONS, INCLUDING, WITHOUT LIMITATION, THE EXISTENCES EXISTENCE OF HAZARDOUS WASTE OR MATERIALS ENVIRONMENTAL CONCERNS, OR ENVIRONMENTAL CONDITIONS THEREON, OR THE SUITABILITY OF THE PROPERTY FOR BUYER’S INTENDED USE, TO BUYER BEYOND THOSE EXPRESSLY PROVIDED FOR IN THIS AGREEMENT. Buyer acknowledges that Seller has made no representation of any material fact concerning the Property beyond those expressly provided in this Agreement, that Buyer has had an adequate opportunity to inspect and investigate the Property; and, that Buyer has made a thorough independent examination and inspection of the Property, and is relying solely upon its own examination and inspection thereof. Buyer acknowledges that Seller has made no representation or warranty as to whether there exist any lead-based paint, mold and/or other micro- organisms that may exist upon the Property. Buyer acknowledges that Buyer has had adequate opportunity to check for, and hereby accepts the risk of the existence of lead-based paint on the Property, mold and/or other microorganisms thereon, and to hold Seller harmless therefor. Buyer further acknowledges that Seller has made no representation or warranty as to whether the boundary lines of the Property are accurate, nor any representation as to acreage or the number of square feet or frontage of the Property. Buyer acknowledges that any reference to square footage or acreage of the Property is intended to be an approximation only. Buyer has had an adequate opportunity to examine and inspect the boundaries of the Property and will make its own determination as to square footage, and/or frontage, and whether the location of improvements and boundaries are accurate, and is purchasing the Property in reliance upon its own determination thereof and regardless of whether or not said location of improvements and boundaries are accurate. Seller makes no warranty or representation with respect to the legal description as may be used herein. Buyer acknowledges further that Seller is not responsible, nor liable, to obtain or provide a survey of the Property to Buyer. Accordingly, Buyer is purchasing the Property “AS IS, WHERE IS”.

Appears in 2 contracts

Samples: Real Estate Purchase and Sale Agreement, Real Estate Purchase and Sale Agreement

Condition of Property. Buyer Seller in no way warrants the condition of the Property, including but not limited to all equipment and systems, including the HVAC systems, of the Land And Building. Purchaser shall be required to accept the Property in its “As Is” condition as of the date of Closing with only casualty damage as discussed in Paragraph 14 below excluded. Purchaser hereby acknowledges that Buyer was and is solely responsible except for making a thorough inspection the warranties of the property at its own expense, as well as thoroughly researching any and all information available about title to be included in Seller’s instruments of conveyance of the Property and its surroundings prior any other matters specifically contained elsewhere in this Contract, Seller has not made, does not make and has not authorized anyone else to make, any representations as to: (i) the date location of this Agreementthe Property or any portion thereof within any flood plain, flood-prone area, water shed or the designation of any portion thereof as “wetlands” or (ii) the present or future physical condition or suitability of the Property for any purpose. Prior to signing Purchaser further acknowledges that no representations have been made by or on behalf of Seller and, in entering into this Agreement, Buyer acknowledges that Buyer or its designee was afforded the right to have an inspection(s) of the physical condition of the Property at Buyer’s expense. This Agreement is NOT contingent upon an inspection by the Buyer. Buyer is purchasing the property Purchaser has not relied and does not rely on an “AS IS” basis without any warranties, express or implied, from Seller. Seller will not make any repair or improvement to the property. Buyer further acknowledges that Buyer is not relying upon any statement or representation by Seller or any representations other representatives of Seller which are not than those expressly set forth in this agreementAgreement. BUYER ACKNOWLEDGES AND AGREES THAT BUYER HAS BEEN INFORMED AND UNDERSTANDS THAT Except as expressly set forth in this Agreement, SELLER MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT AS TO ANY ASPECT, IMPROVEMENT, FIXTURE, OR CONDITION OF THE PROPERTY OR THE INCLUSIONS, INCLUDING, WITHOUT LIMITATION, THE EXISTENCES OF HAZARDOUS WASTE OR MATERIALS ENVIRONMENTAL CONCERNS, OR ENVIRONMENTAL CONDITIONS THEREON, OR THE SUITABILITY OR FITNESS OF THE PROPERTY FOR BUYER’S ANY PURPOSE, OR AS TO THE MERCHANTABILITY, VALUE, QUALITY, CONDITION OR SALABILITY OF THE PROPERTY. PURCHASER SHALL BE SOLELY RESPONSIBLE FOR OBTAINING ALL PERMITS AND LICENSES REQUIRED BY PURCHASER TO CARRY ON ITS INTENDED USE, TO BUYER BEYOND THOSE EXPRESSLY PROVIDED FOR IN THIS AGREEMENTOPERATIONS AT THE PROPERTY. The sale of the Property by Seller to Purchaser shall be “AS IS” and “WHERE IS,” except as otherwise specified herein.

Appears in 1 contract

Samples: Agreement for Purchase and Sale (Tidelands Bancshares Inc)

Condition of Property. Buyer acknowledges The BUYER and the SELLER agree that Buyer was the BUYER is acquiring the Premises in its "AS-IS" condition, with all faults, if any, and is solely responsible for making a thorough inspection of the property at its own expense, as well as thoroughly researching any and all information available about the Property and its surroundings prior to the date of this Agreement. Prior to signing this Agreement, Buyer acknowledges that Buyer or its designee was afforded the right to have an inspection(s) of the physical condition of the Property at Buyer’s expense. This Agreement is NOT contingent upon an inspection by the Buyer. Buyer is purchasing the property on an “AS IS” basis without any warrantieswarranty, express or implied, from Seller. Seller will not make any repair or improvement to the property. Buyer further acknowledges that Buyer is not relying upon any statement or representation by Seller or any other representatives of Seller which are not expressly except as set forth in this agreementAgreement. By accepting the deed and paying the purchase price, the BUYER ACKNOWLEDGES AND AGREES THAT acknowledges that (a) it is familiar with the Premises and has had full opportunity, to the extent it desired to do so, to fully inspect and review (i) the environmental condition of the Premises, (ii) the title to the Premises, (iii) the compliance with the Premises with Applicable Laws and (iv) such other engineering and other matters related to the Premises as the BUYER HAS BEEN INFORMED AND UNDERSTANDS THAT has found appropriate and the BUYER thereby acknowledges that the BUYER is satisfied with each of the foregoing matters. The BUYER hereby confirms that, except as set forth in this Agreement, neither the SELLER MAKES NO REPRESENTATION OR WARRANTYnor any director, EXPRESS OR IMPLIEDofficer, WITH RESPECT TO ANY ASPECTemployee, IMPROVEMENTagent or representative of the SELLER nor any other person purporting to act on behalf of the SELLER has made any representation upon which the BUYER is relying with respect to the Premises. The BUYER hereby releases the SELLER, FIXTUREits agents, OR CONDITION OF THE PROPERTY OR THE INCLUSIONSrepresentatives, INCLUDINGemployees, WITHOUT LIMITATIONsuccessors and assigns from and against any and all claims, THE EXISTENCES OF HAZARDOUS WASTE OR MATERIALS ENVIRONMENTAL CONCERNSdemands and causes of action that the BUYER may have relating to (a) the condition of the Premises, OR ENVIRONMENTAL CONDITIONS THEREONor (b) any other matter pertaining to the Premises, OR THE SUITABILITY OF THE PROPERTY FOR BUYER’S INTENDED USEas of the closing hereunder. Such release shall survive the Closing or the earlier termination of this Agreement. Except as otherwise provided in Section 8 of this Agreement, TO the BUYER BEYOND THOSE EXPRESSLY PROVIDED FOR IN THIS AGREEMENThereby agrees that any loss, damage or deterioration in respect of the buildings or other improvements on the Premises which may occur between the Effective Date and the 4 closing shall not give rise to any adjustment of the Purchase Price or any change in the rights and obligations of the parties.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Mercury Computer Systems Inc)

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Condition of Property. Buyer acknowledges that Buyer was and is solely responsible for making a thorough inspection of the property at its own expense, Except as well as thoroughly researching any and all information available about the Property and its surroundings prior to the date of this Agreement. Prior to signing otherwise expressly provided in this Agreement, Buyer acknowledges that Buyer or its designee was afforded the right to have an inspection(s) of the physical condition of Purchaser shall accept the Property at Buyer’s expense. This Agreement is NOT contingent upon an inspection by the Buyer. Buyer is purchasing the property on an Closing in its AS AS-IS,” “WHERE IS” basis without condition with all faults as of the Closing Date. Purchaser agrees that, except as expressly set forth herein, Seller shall not be liable for any warrantieslatent or patent defects in the Property, express and shall not be bound in any manner whatsoever by any guarantees, promises, projections, operating expenses, or implied, from Seller. Seller will not make any repair or improvement other information pertaining to the propertyProperty made, furnished or claimed to have been made or furnished by Seller or any other person or entity, including, without limitation any partner, member, manager, shareholder, employee, agent, broker, attorney or other person representing or acting purporting to represent or act on behalf of Seller, whether orally or in writing. Buyer further acknowledges that Buyer Purchaser has not relied and is not relying upon any statement representations or representation warranties of Seller, other than the representations and warranties of Seller expressly set forth in this Agreement, or upon any statements made in any informational materials with respect to the Property provided by Seller or any other representatives person or entity, including, without limitation, any partner, member, manager, shareholder, employee, agent, broker, attorney or other person representing or acting or purporting to represent or act on behalf of Seller which are not expressly set forth in this agreementSeller. BUYER ACKNOWLEDGES IN ADDITION TO, AND AGREES THAT BUYER HAS BEEN INFORMED AND UNDERSTANDS THAT WITHOUT LIMITATION OF THE FOREGOING, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT OR IN ANY OTHER DOCUMENT DELIVERED IN CONNECTION WITH THE TRANSACTION CONTEMPLATED BY THIS AGREEMENT (“CLOSING DOCUMENT”), SELLER MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT AS TO ANY ASPECTTHE MERCHANTABILITY, IMPROVEMENTTITLE, FIXTUREMARKETABILITY, FITNESS, OR CONDITION SUITABILITY FOR A PARTICULAR PURPOSE OF THE PROPERTY OR ANY COMPONENT THEREOF, AND, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT OR IN A CLOSING DOCUMENT, THE INCLUSIONSPROPERTY AND EACH COMPONENT THEREOF ARE SOLD IN AN “AS IS”, “WHERE IS” CONDITION, WITH ALL FAULTS. BY EXECUTING THIS AGREEMENT, EXCEPT AS SET FORTH IN THIS AGREEMENT OR IN A CLOSING DOCUMENT, PURCHASER AFFIRMS AND AGREES THAT (A) PURCHASER HAS NOT RELIED ON SELLER’S SKILL OR JUDGMENT TO SELECT OR FURNISH THE PROPERTY OR ANY COMPONENT THEREOF FOR ANY PARTICULAR PURPOSE, (B) SELLER MAKES NO WARRANTY THAT THE PROPERTY OR ANY COMPONENT THEREOF ARE FIT FOR ANY PARTICULAR PURPOSE, AND (C) THERE ARE NO REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE PROPERTY OR ANY COMPONENT THEREOF. PURCHASER AGREES THAT PURCHASER HAS BEEN GIVEN THE OPPORTUNITY TO INSPECT THE PROPERTY AND EACH COMPONENT THEREOF AND HAS DETERMINED TO PURCHASE THE PROPERTY AND EACH COMPONENT THEREOF BASED ON SUCH INSPECTION AND THE REPRESENTATIONS, WARRANTIES AND COVENANTS OF SELLER IN THIS AGREEMENT. PURCHASER FURTHER ACKNOWLEDGES THAT EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT NEITHER SELLER NOR ANY PARTNER, MEMBER, MANAGER, SHAREHOLDER, EMPLOYEE, AGENT, BROKER, ATTORNEY OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT SELLER HAVE MADE OR WILL MAKE ANY ORAL OR WRITTEN REPRESENTATIONS, WARRANTIES, PROMISES OR GUARANTIES WHATSOEVER TO PURCHASER, WHETHER EXPRESS OR IMPLIED, AND, IN PARTICULAR, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT THAT NO SUCH REPRESENTATIONS, WARRANTIES, PROMISES OR GUARANTIES HAVE BEEN MADE OR WILL BE MADE WITH RESPECT TO THE TRUTH, ACCURACY OR COMPLETENESS OF ANY MATERIALS, DATA OR OTHER INFORMATION, INCLUDING, WITHOUT LIMITATION, THE EXISTENCES CONTENTS OF HAZARDOUS WASTE SELLER’S BOOKS AND RECORDS, CONTRACTS, AGREEMENTS, ANY PROPERTY CONDITION REPORTS, ENGINEERING REPORTS, PHYSICAL CONDITION SURVEYS, ENVIRONMENTAL REPORTS, FEASIBILITY STUDIES, INFORMATIONAL BROCHURES WITH RESPECT TO THE PROPERTY, RENT ROLLS OR MATERIALS ENVIRONMENTAL CONCERNSINCOME AND EXPENSE STATEMENTS, OR ENVIRONMENTAL CONDITIONS THEREONANY OTHER MATERIALS PREPARED BY SELLER OR BY THIRD PARTIES WHICH SELLER OR ITS REPRESENTATIVES MAY HAVE DELIVERED, MADE AVAILABLE OR THE SUITABILITY OF FURNISHED TO PURCHASER IN CONNECTION WITH THE PROPERTY FOR BUYER’S INTENDED USEAND PURCHASER ACKNOWLEDGES THAT ANY SUCH MATERIALS, DATA AND OTHER INFORMATION DELIVERED, MADE AVAILABLE OR FURNISHED TO BUYER BEYOND THOSE PURCHASER ARE DELIVERED, MADE AVAILABLE OR FURNISHED TO PURCHASER AS A CONVENIENCE AND ACCOMMODATION ONLY AND EXPRESSLY PROVIDED FOR ACKNOWLEDGES THAT PURCHASER HAS ASSUMED THE RISK OF RELYING UPON ANY SUCH MATERIALS, DATA AND OTHER INFORMATION, EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT. Notwithstanding anything in this Section 9.2 or otherwise in this Agreement to the contrary, the provisions of this Section 9.2 shall not have any impact on the obligations of Seller as Tenant under the Master Lease.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Carter Validus Mission Critical REIT II, Inc.)

Condition of Property. Buyer acknowledges that Buyer was and is solely responsible for making a thorough inspection of the property Property at its own expense, as well as thoroughly researching any and all information available about the Property and its surroundings prior to the date of this Agreement. Prior to signing this Agreement, Buyer acknowledges that Buyer or its designee was afforded the right to have an inspection(s) of the physical condition of the Property at Buyer’s expense. This Agreement is NOT contingent upon an inspection by the Buyer. Buyer has satisfied itself as to the condition of the Property, and no further inspections shall impact Buyer’s duty at Closing. Buyer is purchasing the property Property on an “AS IS” basis without any warranties, express or implied, from Seller. Seller will not make any repair or improvement to the propertyProperty. Buyer further acknowledges that Buyer is not relying upon any statement or representation by Seller or by any broker(s) or any other representatives of Seller which are not expressly set forth in this agreementAgreement. BUYER ACKNOWLEDGES AND AGREES THAT BUYER HAS BEEN INFORMED AND UNDERSTANDS THAT SELLER MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY ASPECT, IMPROVEMENT, FIXTURE, FIXTURE OR CONDITION OF THE PROPERTY OR THE INCLUSIONS, INCLUDING, WITHOUT LIMITATION, THE EXISTENCES EXISTENCE OF HAZARDOUS WASTE OR MATERIALS ENVIRONMENTAL CONCERNS, OR ENVIRONMENTAL CONDITIONS THEREON, OR THE SUITABILITY OF THE PROPERTY FOR BUYER’S INTENDED USE, TO BUYER BEYOND THOSE EXPRESSLY PROVIDED FOR IN THIS AGREEMENT. Buyer acknowledges that Seller has made no representation of any material fact concerning the Property beyond those expressly provided in this Agreement, that Buyer has had an adequate opportunity to inspect and investigate the Property; and, that Buyer has made a thorough independent examination and inspection of the Property, and is relying solely upon its own examination and inspection thereof. Buyer acknowledges that Seller has made no representation or warranty as to whether there exist any lead-based paint, mold and/or other micro- organisms that may exist upon the Property. Buyer acknowledges that Buyer has had adequate opportunity to check for, and hereby accepts the risk of the existence of lead-based paint on the Property, mold and/or other microorganisms thereon, and to hold Seller harmless therefor. Buyer acknowledges that Buyer has had adequate opportunity to determine whether any drainfield which may be associated with the Property is or is not fit to function as a drainfield, and Buyer is not relying on any representation of Seller or the identification on a plat or otherwise as drainfield property. Buyer further acknowledges that Seller has made no representation or warranty as to whether the boundary lines of the Property are accurate, nor any representation as to acreage or the number of square feet or frontage of the Property. Buyer acknowledges that any reference to square footage or acreage of the Property is intended to be an approximation only. Buyer has had an adequate opportunity to examine and inspect the boundaries of the Property and will make its own determination as to square footage, and/or frontage, and whether the location of improvements and boundaries are accurate, and is purchasing the Property in reliance upon its own determination thereof and regardless of whether or not said location of improvements and boundaries are accurate. Seller makes no warranty or representation with respect to the legal description as may be used herein. Buyer acknowledges further that Seller is not responsible, nor liable, to obtain or provide a survey of the Property to Buyer. Accordingly, Buyer is purchasing the Property “AS IS, WHERE IS”.

Appears in 1 contract

Samples: Real Estate Purchase and Sale Agreement

Condition of Property. Buyer acknowledges that, during the Inspection Period, Buyer will perform such studies, inspections, examinations, investigations, and evaluations of the Property as Buyer, in Buyer's discretion, deems necessary or appropriate. Buyer represents to Seller that Buyer was is a sophisticated purchaser and that except for the limited representations of Seller specifically set forth in Section 4, Buyer will rely solely upon such studies, inspections, examinations, investigations and evaluations in purchasing the Property. Unless otherwise expressly stated herein, Seller makes no representation or warranty as to the truth, accuracy or completeness of any materials, data or information delivered by Seller to Buyer in connection with the transaction contemplated hereby. Buyer acknowledges and agrees that any materials, data and information prepared by third parties unaffiliated with Seller and delivered by Seller to Buyer in connection with the transaction which is solely responsible for making the subject of this Agreement are provided to Buyer as a thorough inspection convenience only and that any reliance on or use of such materials, data or information by Buyer is at the sole risk of Buyer. Without limiting the generality of the property at its own expenseforegoing, as well as thoroughly researching Buyer acknowledges and agrees that (a) any and all information available about environmental or other report with respect to the Property which is delivered by Seller to Buyer is for general informational purposes only, (b) Buyer will not have any right of action against Seller with respect to any such report delivered by Seller to Buyer, (c) neither Seller nor any Affiliate of Seller will have any liability to Buyer for any inaccuracy in or omission from any such report, and its surroundings prior to (d) Seller does not represent or warrant the date truth, accuracy or completeness of this Agreementany such reports or any written or verbal statement made by Seller's agents relating thereto. Prior to signing this AgreementMoreover, Buyer acknowledges that Buyer Seller makes and will make no representation or its designee was afforded warranty concerning environmental conditions heretofore, now or hereafter existing on properties adjoining or proximate to the right to have an inspection(s) Property or the current zoning of the physical condition Property. To the contrary, Buyer acknowledges and agrees that this information is provided to Buyer by Seller merely as an accommodation, that Buyer relies upon it at its own risk, and that Seller has advised Buyer to make, and understands that Buyer has made or will make, its own full and complete investigations concerning the Property. Notwithstanding anything in this Agreement, it is expressly understood and agreed that Buyer is acquiring the Property [***]. Except for the representations or warranties of the Property at Buyer’s expense. This Agreement Seller specifically set forth in Section 4 of this Agreement, Seller is NOT contingent upon an inspection not liable or bound in any manner by the Buyer. Buyer is purchasing the property on an “AS IS” basis without any warranties, express either expressed or implied, from Seller. Seller will not make guaranties, or any repair promises, statements, representations or improvement information pertaining to the property. Buyer further acknowledges that Buyer is not relying upon Property or the value thereof made or furnished by any statement or representation by Seller broker or any real estate agent, broker, employee, servant or other representatives of Seller which are not expressly set forth in this agreement. BUYER ACKNOWLEDGES AND AGREES THAT BUYER HAS BEEN INFORMED AND UNDERSTANDS THAT SELLER MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY ASPECT, IMPROVEMENT, FIXTURE, OR CONDITION OF THE PROPERTY OR THE INCLUSIONS, INCLUDING, WITHOUT LIMITATION, THE EXISTENCES OF HAZARDOUS WASTE OR MATERIALS ENVIRONMENTAL CONCERNS, OR ENVIRONMENTAL CONDITIONS THEREON, OR THE SUITABILITY OF THE PROPERTY FOR BUYER’S INTENDED USE, TO BUYER BEYOND THOSE EXPRESSLY PROVIDED FOR IN THIS AGREEMENTperson representing or purporting to represent Seller.

Appears in 1 contract

Samples: Purchase and Sale Agreement (HCW Biologics Inc.)

Condition of Property. Buyer acknowledges that Buyer was and This Property is solely responsible for making a thorough inspection of the property at its own expense, as well as thoroughly researching any and all information available about the Property and its surroundings prior to the date of this Agreement. Prior to signing this Agreement, Buyer acknowledges that Buyer or its designee was afforded the right to have an inspection(s) of the physical condition of the Property at Buyer’s expense. This Agreement is NOT contingent upon an inspection by the Buyer. Buyer is purchasing the property on an being sold “AS IS” basis without any warranties, express or implied, from Seller. Seller will not make any repair or improvement to the property. Buyer further acknowledges that Buyer is not relying upon any statement or representation by Seller or any other representatives of Seller which are not expressly set forth in this agreement. BUYER PURCHASER ACKNOWLEDGES AND AGREES THAT BUYER HAS BEEN INFORMED IT IS PURCHASING THE PROPERTY IN "AS IS" AND UNDERSTANDS "WHERE IS" CONDITION, WITH ANY AND ALL FAULTS AND DEFECTS, WHETHER LATENT OR PATENT, AND SUBJECT TO ORDINARY WEAR AND TEAR FROM THE DATE HEREOF THROUGH THE CLOSING DATE. PURCHASER ACKNOWLEDGES THAT IT IS NOT RELYING UPON, AND THAT SELLER MAKES NO REPRESENTATION IS NOT LIABLE FOR OR WARRANTYBOUND BY, ANY EXPRESS OR IMPLIEDIMPLIED WARRANTIES, GUARANTEES, PROMISES, BROKER'S "SET-UPS", STATEMENTS, REPRESENTATIONS OR INFORMATION REGARDING THE PROPERTY'S PHYSICAL OR ENVIRONMENTAL CONDITION, INCOME, EXPENSES, OPERATION, USE, COMPLIANCE WITH RESPECT TO ANY ASPECTLAWS, IMPROVEMENTHABITABILITY, FIXTUREMERCHANTABILITY, OR CONDITION OF THE PROPERTY OR THE INCLUSIONSFITNESS FOR A PARTICULAR PURPOSE, INCLUDING, WITHOUT LIMITATION, THE EXISTENCES OF HAZARDOUS WASTE OR MATERIALS ENVIRONMENTAL CONCERNS, OR ENVIRONMENTAL CONDITIONS THEREON, OR THE SUITABILITY OF THE PROPERTY FOR BUYER’S INTENDED USE, TO BUYER BEYOND THOSE EXPRESSLY PROVIDED FOR EXCEPT AS MAY BE SPECIFICALLY SET FORTH IN THIS AGREEMENTCONTRACT. The Seller, or anyone on behalf of the Seller, does not make any claims or promises about the condition, zoning or uses, or value of any of the Property included in this sale. The Purchaser acknowledges and agrees that it has inspected the Property or Purchaser hereby waives such right to inspect the Property.

Appears in 1 contract

Samples: Agreement for Purchase

Condition of Property. Buyer acknowledges that Buyer was and is solely responsible for making a thorough inspection of the property at its own expense, as well as thoroughly researching any and all information available about the Property and its surroundings prior to the date of this Purchase Agreement. Prior to signing this Purchase Agreement, Buyer acknowledges that Buyer or its designee was afforded the right to have an inspection(s) of the physical condition of the Property at Buyer’s expense. This Purchase Agreement is NOT contingent upon an inspection by the Buyer. Buyer is purchasing the property on an “AS IS” basis without any warranties, express or implied, from Seller. Seller will not make any repair or improvement to the property. Buyer further acknowledges that Buyer is not relying upon any statement or representation by Seller or any other representatives of Seller which are not expressly set forth in this agreementPurchase Agreement. BUYER ACKNOWLEDGES AND AGREES THAT BUYER HAS BEEN INFORMED AND UNDERSTANDS THAT SELLER MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY ASPECT, IMPROVEMENT, FIXTURE, OR CONDITION OF THE PROPERTY OR THE INCLUSIONS, INCLUDING, WITHOUT LIMITATION, THE EXISTENCES OF HAZARDOUS WASTE OR MATERIALS ENVIRONMENTAL CONCERNS, OR ENVIRONMENTAL CONDITIONS THEREON, OR THE SUITABILITY OF THE PROPERTY FOR BUYER’S INTENDED USE, TO BUYER BEYOND THOSE EXPRESSLY PROVIDED FOR IN THIS PURCHASE AGREEMENT.

Appears in 1 contract

Samples: Real Property Auction Purchase and Sale Agreement

Condition of Property. Buyer acknowledges that Buyer was and is solely responsible for making a thorough inspection of the property at its own expense, as well as thoroughly researching any and all information available about the Property and its surroundings prior to the date of this Agreement. Prior to signing this Agreement, Buyer Xxxxx acknowledges that Buyer or its designee was afforded the right to have an inspection(s) of the physical condition of the Property at Buyer’s expense. This Agreement is NOT contingent upon an inspection by the Buyer. Buyer is purchasing the property on an “AS IS” basis without any warranties, express or implied, from Seller. Seller will not make any repair or improvement to the property. Buyer further acknowledges that Buyer is not relying upon any statement or representation by Seller or any other representatives of Seller which are not expressly set forth in this agreement. SAMPLE BUYER ACKNOWLEDGES AND AGREES THAT BUYER HAS BEEN INFORMED AND UNDERSTANDS THAT SELLER MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY ASPECT, IMPROVEMENT, FIXTURE, OR CONDITION OF THE PROPERTY OR THE INCLUSIONS, INCLUDING, WITHOUT LIMITATION, THE EXISTENCES OF HAZARDOUS WASTE OR MATERIALS ENVIRONMENTAL CONCERNS, OR ENVIRONMENTAL CONDITIONS THEREON, OR THE SUITABILITY OF THE PROPERTY FOR BUYER’S INTENDED USE, TO BUYER BEYOND THOSE EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.

Appears in 1 contract

Samples: Estate Buy Sell Agreement

Condition of Property. Buyer acknowledges and agrees that Buyer was has (or by the Due Diligence Date will have had the opportunity to make) such independent factual, physical and legal examinations and inquiries as Buyer deems necessary with respect to the Property, and is relying solely responsible upon Buyer’s own independent factual, physical and legal investigations, examinations, and inquiries in determining that the Property is suitable and adequate in all respects for making a thorough inspection of the property at its own expense, as well as thoroughly researching any and all information available about the Property and its surroundings prior activities which Buyer may elect to conduct thereon. Seller is making no representation, warranty or other agreement or promise with respect to the date of this Agreement. Prior to signing this AgreementProperty, Buyer acknowledges that Buyer or its designee was afforded the right to have an inspection(s) of the physical condition of the Property at Buyer’s expense. This Agreement is NOT contingent upon an inspection by the Buyer. Buyer is purchasing the property on an “AS IS” basis without any warranties, whether express or impliedimplied or arising by operation of law, from Seller. Seller will not make any repair or improvement to the property. Buyer further acknowledges that Buyer is not relying upon any statement or representation by Seller or any other representatives of Seller which are not except as expressly set forth in this agreementSection 15 hereof and any documents delivered at Closing. Without limiting the generality of the foregoing sentence, BUYER ACKNOWLEDGES THAT, EXCEPT AS EXPRESSLY SET FORTH IN THE AGREEMENT AND AGREES THAT BUYER HAS BEEN INFORMED ANY DOCUMENTS DELIVERED AT CLOSING, THE PROPERTY IS BEING WILL BE SOLD AND UNDERSTANDS THAT SELLER MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT CONVEYED TO ANY ASPECT, IMPROVEMENT, FIXTURE, OR CONDITION (AND WILL BE ACCEPTED BY BUYER) AT CLOSING IN THE THEN EXISTING CONDITIONS OF THE PROPERTY SOLD “AS IS,” “WHERE IS” AND “WITH ALL DEFECTS” AND WITHOUT ANY WRITTEN OR THE INCLUSIONSVERBAL REPRESENTATIONS OR WARRANTIES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE EXISTENCES WHETHER EXPRESS OR IMPLIED OR ARISING BY OPERATION OF HAZARDOUS WASTE OR MATERIALS ENVIRONMENTAL CONCERNS, OR ENVIRONMENTAL CONDITIONS THEREON, OR THE SUITABILITY OF THE PROPERTY FOR BUYER’S INTENDED USE, TO BUYER BEYOND THOSE EXPRESSLY PROVIDED FOR IN THIS AGREEMENTLAW.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Polarityte, Inc.)

Condition of Property. Buyer acknowledges that Buyer was and is solely responsible for making a thorough inspection of the property Property at its own expense, as well as thoroughly researching any and all information available about the Property and its surroundings prior to the date of this Agreement. Prior to signing this Agreement, Buyer Xxxxx acknowledges that Buyer or its designee was afforded the right to have an inspection(s) of the physical condition of the Property at Buyer’s expense. This Agreement is NOT contingent upon an inspection by Xxxxx. Buyer has satisfied itself as to the condition of the Property, and no further inspections shall impact Buyer’s duty at Closing. Buyer is purchasing the property Property on an “AS IS” basis without any warranties, express or implied, from Seller. Seller will not make any repair or improvement to the propertyProperty. Buyer Xxxxx further acknowledges that Buyer is not relying upon any statement or representation by Seller or by any broker(s) or any other representatives of Seller which are not expressly set forth in this agreementAgreement. BUYER ACKNOWLEDGES AND AGREES THAT BUYER HAS BEEN INFORMED AND UNDERSTANDS THAT SELLER MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY ASPECT, IMPROVEMENT, FIXTURE, FIXTURE OR CONDITION OF THE PROPERTY OR THE INCLUSIONS, INCLUDING, WITHOUT LIMITATION, THE EXISTENCES EXISTENCE OF HAZARDOUS WASTE OR MATERIALS ENVIRONMENTAL CONCERNS, OR ENVIRONMENTAL CONDITIONS THEREON, OR THE SUITABILITY OF THE PROPERTY FOR BUYER’S INTENDED USE, TO BUYER BEYOND THOSE EXPRESSLY PROVIDED FOR IN THIS AGREEMENT. Xxxxx acknowledges that Seller has made no representation of any material fact concerning the Property beyond those expressly provided in this Agreement, that Xxxxx has had an adequate opportunity to inspect and investigate the Property; and, that Buyer has made a thorough independent examination and inspection of the Property, and is relying solely upon its own examination and inspection thereof. Buyer acknowledges that Seller has made no representation or warranty as to whether there exist any lead-based paint, mold and/or other micro- organisms that may exist upon the Property. Buyer acknowledges that Xxxxx has had adequate opportunity to check for, and hereby accepts the risk of the existence of lead-based paint on the Property, mold and/or other microorganisms thereon, and to hold Seller harmless therefor. Buyer acknowledges that Buyer has had adequate opportunity to determine whether any drainfield which may be associated with the Property is or is not fit to function as a drainfield, and Buyer is not relying on any representation of Seller or the identification on a plat or otherwise as drainfield property. Buyer further acknowledges that Seller has made no representation or warranty as to whether the boundary lines of the Property are accurate, nor any representation as to acreage or the number of square feet or frontage of the Property. Xxxxx acknowledges that any reference to square footage or acreage of the Property is intended to be an approximation only. Xxxxx has had an adequate opportunity to examine and inspect the boundaries of the Property and will make its own determination as to square footage, and/or frontage, and whether the location of improvements and boundaries are accurate, and is purchasing the Property in reliance upon its own determination thereof and regardless of whether or not said location of improvements and boundaries are accurate. Seller makes no warranty or representation with respect to the legal description as may be used herein. Xxxxx acknowledges further that Seller is not responsible, nor liable, to obtain or provide a survey of the Property to Buyer. Accordingly, Xxxxx is purchasing the Property “AS IS, WHERE IS”.

Appears in 1 contract

Samples: Real Estate Purchase and Sale Agreement

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