Defective Condition. Tenant agrees to use reasonable efforts to report in writing to Landlord any defective condition in or about the Premises known to Tenant, and further agrees to attempt to contact Landlord by telephone immediately in such instance.
Defective Condition. The Landlord shall not be liable to the Tenant or to any of its employees, directors or stockholders, or to any other person whomsoever, in any manner or to any extent whatsoever for injury that may result to person or property by reason of any defect in the construction or condition of the premises hereby demised, or from any other cause whatsoever.
Defective Condition. In the event that subsequent to the execution of this Agreement Seller obtains knowledge of, or Purchaser's inspection of the Property reveals, either (i) the presence of any Hazardous Materials (as defined below in this Section 4.9) or the violation or potential violation of any Environmental Requirements (as defined below in this Section 4.9) or (ii) any structural or other defect in the Improvements, whether or not in violation of any applicable law, ordinance, code, regulation or decree of any governmental authority having jurisdiction over the Property (collectively, a "Defective Condition"), which Seller, in its sole judgment, determines could constitute a potential liability to Seller after the Closing or should be remedied prior to the sale of the Property, Seller shall have the right upon written notice to Purchaser on or before the scheduled Closing Date either (i) to extend the Closing Date for the period of time, not to exceed sixty (60) consecutive days necessary to complete such remediation at Seller's sole cost and expense, or (ii) to terminate this Agreement upon written notice to Purchaser and neither party shall have any further right or obligation hereunder. At the end of such sixty (60) day period if Seller has not cured the Defective Condition to Purchaser's reasonable sole satisfaction, the Purchaser may (as its sole and exclusive remedy) terminate this Agreement by delivering written notice of such termination to the Seller. The terms of this Section 4.9 are solely for the benefit of Seller and Purchaser shall have no additional right or remedy hereunder as a result of the exercise by Seller of its rights under this Section 4.9.
Defective Condition. If the Work or any of the retesting to be conducted pursuant to subparagraph 1.9(a) above reveals the presence of any constituent above a Threshold, whether or not in violation of any applicable law, ordinance, code, regulation or decree of any governmental authority having jurisdiction over the Property (a “Defective Condition”) and Buyer does not terminate the Agreement to the extent permitted under this Section 1.9, then Buyer (1) will be deemed to have waived the Defective Condition, and (2) shall release and forever discharge Seller and Seller Related Parties from any and all rights, claims and demands at law or in equity, whether known or unknown at the time of the Agreement or Closing, which Buyer has or may have in the future, arising out of the Defective Condition, including, without limitation, all claims in tort or contract and any claim for indemnification or contribution arising under environmental laws. The provisions of this section shall survive the closing. The waivers and releases set forth in the immediately preceding paragraph include claims of which Buyer is presently unaware or which Buyer does not presently suspect to exist which, if known by Buyer, would materially affect Buyer’s waiver or release of Seller and the other parties referenced in this Section. Buyer specifically waives the provision of California Civil Code Section 1542, which provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR EXPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN TO HIM MUST HAVE MATERIALLY AFFECTED THE SETTLEMENT WITH THE DEBTOR.” INITIALS: Buyer /s/ RM
Defective Condition. In the event that subsequent to the execution of this Agreement Seller obtains knowledge of, or Purchaser's inspection of the Property reveals, either (i) the presence of any Hazardous Materials (as defined below in this Section 4.8) or the violation or potential violation of any Environmental Requirements (as defined below in this Section 4.8) or (ii) any structural or other defect in the Improvements, whether or not in violation of any applicable law, ordinance, code, regulation or decree of any governmental authority having jurisdiction over the Property (collectively, a "Defective Condition"), which Seller, in its sole good faith judgment, determines could constitute a potential liability to Seller after the Closing or should be remedied prior to the sale of the Property, Seller shall have the right upon written notice to Purchaser on or before the scheduled Closing Date either (i) to extend the Closing Date for the period of time (not to exceed 30 days) necessary to complete such remediation at Seller's sole cost and expense, or (ii) to terminate this Agreement upon written notice to Purchaser in which event the Xxxxxxx Money shall be refunded to Purchaser and neither party shall have any further right or obligation hereunder other than the Surviving Obligations. The terms of this Section 4.8 are solely for the benefit of Seller and Purchaser shall have no additional right or remedy hereunder as a result of the exercise by Seller of its rights under this Section 4.8.
