Condition of Real Estate. Buyer may, at its sole expense, conduct ------------------------ environmental studies, title examinations, and land surveys (the "Studies") of the Real Estate.
Condition of Real Estate. Buyer may, at its sole expense, conduct environmental studies, title examinations, and land surveys (the "Studies") of the Real Estate provided all information received as a result of, or in the course of, any of the Studies will be deemed confidential (subject to Section 7.2). Seller and the Companies agree to cooperate with any reasonable request of Buyer for a site assessment or site review concerning any environmental, title or survey matter, including the making available of such personnel of the Companies as Buyer may reasonably request, so long as such activities do not unreasonably interfere with the conduct of the Companies' businesses. At the discretion of Buyer, Buyer may arrange, at its sole expense, for one or more independent contractors to conduct tests of the Real Estate, including tests of air, soil (including surface and subsurface materials), surface water and ground water, or any equipment or facilities located thereon, in order to identify any present or past release or threatened release of any hazardous substances. Such tests may be done at any time, or from time to time, upon reasonable notice and under reasonable conditions, which do not impede the performance of such tests. If Buyer notifies Seller within 45 days of the date of this Agreement that the Studies disclose potential Environmental Costs and Liabilities in excess of $100,000, or the presence of Hazardous Materials at concentrations exceeding those allowed by Environmental Laws, evidence encroachments that materially and adversely affect the use (for the purpose currently used) of the Real Estate, or any other matters that materially affect the title, value or use of the Real Estate, Seller shall promptly commence remedial action at its expense to cure the condition giving rise to such matter and attempt to cure such condition prior to the Closing; provided that Seller shall not be obligated to spend (but may choose to spend) more than $100,000 in the aggregate in its attempts to cure all such conditions. Seller shall notify Buyer within 30 days after its receipt of Buyer's Studies if it determines that it is unable to cure such conditions for $100,000 or less and chooses not to attempt to cure such conditions, in which case Buyer may elect, within 30 days after Buyer's receipt of Seller's notice that it chooses not to attempt to cure such conditions (a) to terminate this Agreement or (b) to waive such obligations and receive a $100,000 credit at the Closing. If this Agre...
Condition of Real Estate. There is no material defect in, ------------------------ mechanical failure of or damage to the Improvements, including the roof, structure, walls, heating, ventilation, air conditioning, plumbing, electrical, drainage, fire alarm, communications, sprinkler, security and exhaust systems and their component parts, auto wash equipment, auto wash conveyor, auto drying equipment, bolts, hydraulic lifts or other improvements on or forming a part of the Real Estate, except as listed on Exhibit F.
Condition of Real Estate. 1. Several water xxxxx on the East Dubuque property require replacement. The remaining cost for this project is expected to exceed $1,000,000. Schedule 3.10 TAXES
Condition of Real Estate. Buyer shall, at its sole expense, conduct ------------------------ environmental studies, and may conduct title examinations, and land surveys (together with the environmental studies, the "Studies") of the Real Estate. Buyer shall notify Seller if the Studies disclose (a) an environmental liability constituting a breach of the representations and warranties in Section 6.1.11, (b) evidence of encroachments that materially and adversely affect the use of the Real Estate or (c) any other matters that materially and adversely affect title to the Real Estate. Seller shall promptly commence remedial action at its expense to cure the condition giving rise to such matter and cure such condition prior to the Closing; provided, however, that Seller shall not be obligated to spend (but may choose to spend) more than $25,000 in the aggregate in its attempts to cure all such conditions. Seller shall notify Buyer within 30 days after its receipt of the Buyer notice if it determines that it is unable or unwilling to cure such conditions for $25,000 or less and chooses not to attempt to cure such conditions, in which case Buyer may elect (i) to terminate this Agreement or (ii) to waive such obligations and receive, within ninety (90) days after Closing, an amount that is equal to or less than $25,000; provided, however, that if any dispute arises between the parties with respect to any remedial action or the cost thereof, the parties shall, within a reasonable time after such dispute arises (A) submit the dispute to an independent environmental consultant selected jointly by the parties, or (B) if, the parties fail to jointly select an independent environmental consultant, each party must submit the name of an independent environmental consultant to the other party and the consultants so selected shall then jointly select an independent environmental consultant; and provided, further, that (X) the decision of the selected independent environmental consultant shall be binding and conclusive as to all parties to the dispute and (Y) any and all costs and expenses incurred by the parties in connection with such dispute shall be borne equally between the parties. If this Agreement is terminated in accordance with the immediately preceding sentence, no party shall have any liability to the other with respect to such termination. Either party may extend the Closing by not more than 30 days, subject to Section 16.1(g) --------------- hereto, if either party reasonably determines...
Condition of Real Estate. THIS SALE AND PURCHASE OF THE REAL ESTATE IS SPECIFICALLY MADE “AS IS” AND “WHERE IS” AND “WITH ALL FAULTS”, WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE CONDITION OF THE REAL ESTATE, INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS OR WARRANTIES REGARDING BOUNDARIES, COMPLIANCE WITH ANY FEDERAL, STATE OR LOCAL LAW, INCLUDING, WITHOUT LIMITATION, ANY STATE, FEDERAL OR LOCAL LAW OR HEALTH AND SAFETY LAW, STATUTE, ORDINANCE, CODE, REGULATION, OR RULE, AS WELL AS THE CONDITION OF ANY STRUCTURES, AND THE MECHANICAL, ELECTRICAL, PLUMBING, AND HVAC SYSTEMS THEREOF. IT BEING THE INTENTION OF THE SELLER AND THE BUYER TO EXPRESSLY REVOKE, RELEASE, NEGATE, AND EXCLUDE ALL REPRESENTATIONS AND WARRANTIES INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE, OR MERCHANTABILITY, OR ANY OTHER WARRANTIES WHATSOEVER CONTAINED IN, OR CREATED BY OR UNDER ILLINOIS OR OTHER LAW. BUYER ACKNOWLEDGES THAT IT HAS EXAMINED THE REAL ESTATE, AND HAS RECEIVED NO REPRESENTATIONS FROM THE SELLER AS TO THE CONDITION OF THE REAL ESTATE, AND ACCEPTS THE SAME IN ITS PRESENT CONDITION, AS IS.
Condition of Real Estate. Buyers acknowledge that they have inspected the Real Estate and any improvements thereon, and that they are acquainted with the condition thereof and accept the same as of the time Buyers executed this Contract.
Condition of Real Estate. Buyer may, at its sole expense, conduct environmental studies, title examinations, and land surveys (the "Studies") of the Real Estate provided all information received as a result of, or in the course of, any of the Studies will be deemed confidential (subject to Section 10.2). Seller agrees to cooperate with any reasonable request of Buyer for a site assessment or site review concerning any environmental, title or survey matter, including the making available of such personnel of Seller as Buyer may reasonably request, so long as such activities do not unreasonably interfere with the conduct of Seller's business. At the discretion of Buyer, Buyer may arrange, at its sole expense, for one or more independent contractors to conduct tests of the Real Estate, including tests of air, soil (including surface and subsurface materials), surface water and ground water, or any equipment or facilities located thereon, in order to identify any present or past release or threatened release of any hazardous substances. Such tests may be done at any time, or from time to time, upon reasonable notice and under reasonable conditions, which do not impede the performance of such tests. If Buyer notifies Seller
Condition of Real Estate. The Real Estate, including any improvements, will be preserved by the Seller in, good and satisfactory condition. Buyer is buying the Real Estate in its “as-is” condition and Seller provides no warranties, express or implied, as to the condition of the Real Estate including the fitness of the Real Estate for a particular purpose.
Condition of Real Estate. Prior to the expiration of the inspection and review periods in this Section, Buyer acknowledges that it will have the right to inspect and review the Real Estate. The waiver or deemed waiver of Buyer’s option to terminate the Sale and the completion of the Closing shall each constitute conclusive evidence that Buyer is satisfied with the condition of and title to the Real Estate, provided that Buyer shall be entitled to rely on the representations and warranties set forth in this Agreement. Except for the representations and warranties set forth in this Agreement and the documents to be delivered to Buyer by Seller at Closing, Seller has made no express or implied representation or warranty regarding the condition of the Real Estate (whether environmental or otherwise) and Buyer will accept the Real Estate in its “as-is / where-is” condition. Following the Effective Time, Seller will be released from all claims or liabilities relating to the condition of or title to the Real Estate, except to the extent such claims and liabilities are related to a breach of the representations and warranties set forth in this Agreement or the warranties, covenants and obligations in the Special Warranty Deed and other Closing Documents.
