Condition of the Land. 11.1 The Seller gives no warranties as to the present state of repair of any of the Improvements or condition of the Land, except as required by law.
Condition of the Land. (a) This Section 2.03 only applies to Landlord and Tenant for purposes of defining their obligations pursuant to this Lease and does not apply to any third-party claims. In addition, this Section 2.03 will not be operative and will not apply and will not affect the Landlord, Tenant or other parties in interpreting and enforcing the Asset Purchase Agreement or any other agreement. In addition, to the extent any other provision of this Lease conflicts with this Section 2.03, such other provision will prevail, and this Section 2.03 shall be subject to all other terms of this Lease. TENANT ACKNOWLEDGES THAT PRIOR TO THE DATE HEREOF, TENANT HAS THOROUGHLY INSPECTED ALL ELEMENTS COMPRISING THE LAND, AND ALL FACTORS RELATED TO ITS USE, INCLUDING, WITHOUT LIMITATION, UTILITY CONNECTIONS, PHYSICAL AND FUNCTIONAL ASPECTS OF THE LAND, THE CONDITION OF THE LAND, AND MUNICIPAL AND LEGAL REQUIREMENTS SUCH AS TAXES, ASSESSMENTS AND BONDS, ZONING, USE PERMITS, BUSINESS PERMITS AND SIMILAR ENTITLEMENTS. TENANT HEREBY RELEASES AND FOREVER DISCHARGES LANDLORD FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITY OR OBLIGATIONS ARISING OUT OF OR IN ANY WAY RELATED TO ALL OF SUCH ITEMS, WHICH RELEASE AND DISCHARGE FROM LIABILITY SHALL SURVIVE THE COMMENCEMENT AND TERMINATION OF THIS LEASE.
Condition of the Land. (a) For the purpose of assisting the Corporation to make the election referred to in clause 4.2(a), the State will, as soon as practicable and within 4 months of the date of this Agreement, provide site condition information to the Corporation:
Condition of the Land. (a) The Developer releases the PTC and its officers or agents and indemnifies them against any claims, costs, losses, damages, expenses, judgements, suits, awards and liabilities whatever arising out of or in respect of:- (i) any Contamination or Pollution caused or contributed by the Developer or its servants, agents, employees or contractors or any work performed by or for the Developer on the Land which results in the release or disturbance of Contamination or Pollution; and (ii) complying with any notice, order or requirement issued after the Commencement Date by or of any Authority requiring any Contaminant or Pollutant in, on or under or which has emanated from the Land after the Commencement Date to be cleaned up, contained, removed, diluted or dealt with in any manner whatsoever. (b) The Developer may at its option take over and conduct, at its cost, in the name of any party to whom indemnity has been given the defence of any claim brought by any person against the Developer, the PTC or any other person or their servants, agents, employees or contractors and arising out of or relating to the indemnity provided in SUB-CLAUSE 7.10(A) and the PTC will use all reasonable endeavours to ensure that it and any other person affected by this clause fully co-operates in that defence. (c) The release and indemnity in SUB-CLAUSE 7.10(A) survives termination of this Agreement.
Condition of the Land. Tenant acknowledges that it has leased the Land and has agreed to construct the Initial Improvements (hereafter defined in Article 19) after having had a full and complete opportunity to conduct an examination of the Land, including, without limitation, subsurface conditions, the presence of any hazardous waste or materials located on the Land, the legal title to the Land and Laws affecting the same, as the Tenant deems necessary and/or desirable, and accepts the same in the same condition in which they or any part thereof now are, and assumes all risks in connection therewith, without any representation or warranty, express or implied, in fact or by law, on the part of Landlord, and without recourse to Landlord, Tenant hereby waiving any and all claims, now existing or hereafter arising, relating to the condition (known or unknown) of the Land, including without limitation those matters set forth on Schedule 1.2 hereof. Notwithstanding the foregoing provisions, the Landlord and Tenant acknowledge that the Tenant shall have a right to terminate this Lease (“Tenant’s Termination Option”) at any time within six (6) months of the date hereof in the event that the Tenant determines that there are any Hazardous Materials located on the Land which prohibit or substantially interfere with the Tenant’s ability to construct the Initial Improvements (as defined in Article 20 hereof) and use the same for the Permitted Uses. In such event, the Tenant shall promptly notify the Landlord of the nature of the materials found and provide the Landlord with copies of all reports related thereto received by Tenant. In no event shall the Landlord have any obligation under this Lease to remedy any such matter. In addition, in such event, the surrender of the Land by the Tenant shall be subject to the provisions of Article 16 hereof.
Condition of the Land. A. Buyer hereby affirms that, before signing this Agreement, Buyer has personally walked upon and inspected the Land. Buyer acknowledges that Buyer and its representatives have had an opportunity to enter the Land for the purpose of conducting such engineering studies, site investigations and analysis (including soil tests) as Buyer deems desirable to determine whether the soil or other conditions of the Land are acceptable to Buyer. Buyer agrees that Buyer is acquiring the Land AS-IS without any representation or warranty on the part of Seller other than as to the title.
Condition of the Land. When the Lease terminates, the Lessee must if required to do so by the Lessor:
Condition of the Land. (a) The Corporation acknowledges that it received the information specified in Schedule 10 from the State regarding the condition of the land granted under this clause, in the context of a confidential and without-prejudice mediation, for the purpose of making an informed decision in seeking or accepting the land to which the information relates.
Condition of the Land. 2.6.1 “As-Is” Conveyance. Developer acknowledges and agrees that Developer is acquiring the Land in its “AS IS” condition, WITH ALL FAULTS, IF ANY, WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, except as provided in Section 8.2(ii) and as otherwise expressly provided in this Agreement.
Condition of the Land. The Tenant acknowledges that the lease of the Land is on an “as is” basis and the Tenant has satisfied itself as to the condition of the Land and its suitability for the use intended. The Tenant acknowledges that it has inspected the Land and conducted an independent investigation of current and past uses of the Land and the Tenant has not relied on any representations by the Landlord concerning any condition of the Land, environmental or otherwise. The Landlord makes no representations or warranties whatsoever regarding the fitness of the Land for any particular use or regarding the presence or absence upon or under the Land or any surrounding or neighbouring lands of leakage or likely leakage or emission of environmental contaminants from or onto the Land or of any dangerous or potentially dangerous substance or condition.
