Condition of the Land Sample Clauses

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. Tract 1 of the Land as described in Exhibit is the same as the 107.816 acre tract shown on the plat prepared by Xxxxx X. Xxxxxx, PLS # 17930, of Land Design Surveying, Inc. dated 3/23/01, which plat was delivered to BNPPLC at the request of Ross. All material improvements on the Land as of the date hereof are as shown on that survey, and except as shown on that survey there are no easements or encroachments visible or apparent from an inspection of the Land. Adequate provision has been made (or can be made at a cost that is reasonable in connection with future development of the Land) for the Land to be served by electric, gas, storm and sanitary sewers, sanitary water supply, telephone and other utilities required for the use thereof. All streets, alleys and easements necessary to serve the Land and Improvements contemplated by the Lease and the Construction Management Agreement have been completed and are serviceable (or can be completed at a cost that is reasonable in connection with future development of the Land). No extraordinary circumstances (including any use of the Land as a habitat for endangered species) exists that would materially and adversely affect the future development of the Land, other than the need to mitigate the disturbance of wetlands on the Land as described below in this subparagraph. Further, Ross is not aware of any latent or patent material defects or deficiencies in the Land that, either individually or in the aggregate, could materially and adversely affect the use or occupancy of the Land or the construction of Improvements as permitted by the Lease and Construction Management Agreement or could reasonably be anticipated to endanger life or limb. No part of the Land is within a flood plain as designated by any governmental authority. Ross represents and warrants to BNPPLC that the disturbance of wetlands on the Land required to accomodate the construction contemplated in the Construction Managment Agreement will be lawful, subject to the conditions set forth in the Department of Army Permit issued to Seller (Permit No: 2001-1A-003) (the "404 Permit") or to such alternative conditions that may hereafter be established under permits or other written arrangments obtained or made by Ross and approved by the Army Corp of Engineers (as the case may be, the "404 Permit Conditions"). Ross further represents and warrants that it has thoroughly investigated the cost of satisfying the 404 Permit Conditions (the "Wetland Mitigation Cos...
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) 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. 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.
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. 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 

Related to Condition of the Land

  • Condition of the Property THE LESSEE ACKNOWLEDGES AND AGREES THAT IT IS LEASING THE PROPERTY "AS IS" WITHOUT REPRESENTATION, WARRANTY OR COVENANT (EXPRESS OR IMPLIED) BY THE LESSOR AND SUBJECT TO (A) THE EXISTING STATE OF TITLE, (B) THE RIGHTS OF ANY PARTIES IN POSSESSION THEREOF, (C) ANY STATE OF FACTS WHICH AN ACCURATE SURVEY OR PHYSICAL INSPECTION MIGHT SHOW, AND (D) VIOLATIONS OF REQUIREMENTS OF LAW WHICH MAY EXIST ON THE DATE HEREOF OR ON THE ACQUISITION DATE. THE LESSOR HAS NOT MADE AND SHALL NOT BE DEEMED TO HAVE MADE ANY REPRESENTATION, WARRANTY OR COVENANT (EXPRESS OR IMPLIED) AND SHALL NOT BE DEEMED TO HAVE ANY LIABILITY WHATSOEVER AS TO THE TITLE (OTHER THAN FOR LESSOR LIENS), VALUE, HABITABILITY, USE, CONDITION, DESIGN, OPERATION, OR FITNESS FOR USE OF THE PROPERTY (OR ANY PART THEREOF), OR ANY OTHER REPRESENTATION, WARRANTY OR COVENANT WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROPERTY (OR ANY PART THEREOF) AND THE LESSOR SHALL NOT BE LIABLE FOR ANY LATENT, HIDDEN, OR PATENT DEFECT THEREIN (OTHER THAN FOR LESSOR LIENS) OR THE FAILURE OF THE PROPERTY, OR ANY PART THEREOF, TO COMPLY WITH ANY REQUIREMENT OF LAW.

  • Condition of the Premises Tenant has examined the Premises, including the appliances and fixtures ( and furnishings), and acknowledges that they are in good condition and repair, normal wear and tear excepted, and accepts them in its current condition, except for:

  • Condition of the Business (a) Notwithstanding anything contained in this Agreement to the contrary, Purchaser acknowledges and agrees that Seller is not making any representations or warranties whatsoever, express or implied, beyond those expressly given by Seller in Article V hereof (as modified by the Seller Schedules as supplemented or amended), and Purchaser acknowledges and agrees that, except for the representations and warranties contained therein, the Purchased Assets and the Business are being transferred on a “where is” and, as to condition, “as is” basis. Any claims Purchaser may have for breach of representation or warranty shall be based solely on the representations and warranties of Seller set forth in Article V hereof (as modified by the Seller Schedules as supplemented or amended). Purchaser further represents that neither Seller nor any of its Affiliates nor any other Person has made any representation or warranty, express or implied, regarding Seller, the Purchased Assets, the Business or the transactions contemplated by this Agreement or as to the accuracy or completeness of any information not expressly set forth in this Agreement and neither Purchaser nor any of its Affiliates has relied on any such express or implied representation or warranty. Purchaser further agrees that none of Seller, any of its Affiliates or any other Person will have or be subject to any liability to Purchaser or any other Person resulting from the distribution to Purchaser or its representatives or Purchaser’s use of, any such information, including any confidential memoranda distributed on behalf of Seller relating to the Business or other publications or data room information provided to Purchaser or its representatives, or any other document or information in any form provided to Purchaser or its representatives in connection with the sale of the Business and the transactions contemplated hereby. Purchaser acknowledges that it has conducted to its satisfaction, its own independent investigation of the Business and, in making the determination to proceed with the transactions contemplated by this Agreement, Purchaser has relied on the results of its own independent investigation.

  • Condition of Premises Tenant stipulates, represents and warrants that Tenant has examined the Premises, and that they are at the time of this Lease in good order, repair, and in a safe, clean and tenantable condition.

  • Condition of Facilities (i) Use of the Real Property of Purchaser for the various purposes for which it is presently being used is permitted as of right under all Applicable Laws related to zoning and is not subject to “permitted nonconforming” use or structure classifications. All Improvements are in compliance with all Applicable Laws, including those pertaining to zoning, building and the disabled, are in good repair and in good condition, ordinary wear and tear excepted, and are free from latent and patent defects. To the Knowledge of Purchaser, no part of any Improvement encroaches on any real property not included in the Real Property of Purchaser, and there are no buildings, structures, fixtures or other Improvements primarily situated on adjoining property which encroach on any part of the Land.

  • CONDITIONS OF PREMISES A. Tenant takes the Premises in its present condition, except for such repairs and alterations as may be expressly otherwise provided in this lease.

  • Construction of the Project The Allottee has seen the proposed layout plan, specifications, amenities and facilities of the Apartment/ Plot and accepted the floor plan, payment plan and the specification, amenities and facilities annexed along with this Agreement which has been approved by the competent authority, as represented by the Promoter. The Promoter shall develop the Project in accordance with the said layout plans, floor plans and specifications, amenities and facilities. Subject to the terms in this Agreement, the Promoter undertakes to strictly abide by such plans approved by the competent authorities and shall also strictly abide by the bye-laws, FAR, and density norms and provisions prescribed by the relevant building bye-laws and shall not have an option to make any variation/ alteration/ modification in such plans, other than in the manner provided under the Act, and breach of this term by the Promoter shall constitute a material breach of this Agreement.

  • Possession of the Property The Parties hereby agree that the exclusive possession of the Property shall be delivered by the Seller to the Buyer on .