Disclaimers By Seller. Except as expressly set forth in this Agreement, it is understood and agreed that Seller and Seller’s agents or employees have not at any time made and are not now making, and they specifically disclaim, any warranties, representations or guaranties of any kind or character, express or implied, with respect to the Property, including, but not limited to, warranties, representations or guaranties as to (a) matters of title (other than Seller’s special warranty of title to be contained in the Deed), (b) environmental matters relating to the Property or any portion thereof, including, without limitation, the presence of Hazardous Materials in, on, under or in the vicinity of the Property, (c) geological conditions, including, without limitation, subsidence, subsurface conditions, water table, underground water reservoirs, limitations regarding the withdrawal of water, and geologic faults and the resulting damage of past and/or future faulting, (d) whether, and to the extent to which the Property or any portion thereof is affected by any stream (surface or underground), body of water, wetlands, flood prone area, flood plain, floodway or special flood hazard, (e) drainage, (f) soil conditions, including the existence of instability, past soil repairs, soil additions or conditions of soil fill, or susceptibility to landslides, or the sufficiency of any undershoring, (g) the presence of endangered species or any environmentally sensitive or protected areas, (h) zoning or building entitlements to which the Property or any portion thereof may be subject, (i) the availability of any utilities to the Property or any portion thereof including, without limitation, water, sewage, gas and electric, (j) usages of adjoining property, (k) access to the Property or any portion thereof, (l) the value, compliance with the plans and specifications, size, location, age, use, design, quality, description, suitability, structural integrity, operation, title to, or physical or financial condition of the Property or any portion thereof, or any income, expenses, charges, liens, encumbrances, rights or claims on or affecting or pertaining to the Property or any part thereof, (m) the condition or use of the Property or compliance of the Property with any or all past, present or future federal, state or local ordinances, rules, regulations or laws, building, fire or zoning ordinances, codes or other similar laws, (n) the existence or non-existence of underground storage tanks, surface impoundments, or landfills, (o) any other matter affecting the stability and integrity of the Property, (p) the potential for further development of the Property, (q) the merchantability of the Property or fitness of the Property for any particular purpose, (r) the truth, accuracy or completeness of the Property Documents, (s) tax consequences, or (t) any other matter or thing with respect to the Property.
Appears in 4 contracts
Samples: Purchase and Sale Agreement (Lighting Science Group Corp), Purchase and Sale Agreement (Hines Real Estate Investment Trust Inc), Purchase and Sale Agreement (NTS Realty Holdings Lp)
Disclaimers By Seller. Except as expressly set forth in this Agreement, it is understood and agreed that Seller and Seller’s 's agents or employees have not at any time made and are not now making, and they specifically disclaim, any warranties, representations or guaranties of any kind or character, express or implied, with respect to the Property, including, but not limited to, warranties, representations or guaranties as to (a) matters of title (other than Seller’s 's special warranty of title to be contained in the Deed), (b) environmental matters relating to the Property or any portion thereof, including, without limitation, the presence of Hazardous Materials in, on, under or in the vicinity of the Property, (c) geological conditions, including, without limitation, subsidence, subsurface conditions, water table, underground water reservoirs, limitations regarding the withdrawal of water, and geologic faults and the resulting damage of past and/or future faulting, (d) whether, and to the extent to which the Property or any portion thereof is affected by any stream (surface or underground), body of water, wetlands, flood prone area, flood plain, floodway or special flood hazard, (e) drainage, (f) soil conditions, including the existence of instability, past soil repairs, soil additions or conditions of soil fill, or susceptibility to landslides, or the sufficiency of any undershoring, (g) the presence of endangered species or any environmentally sensitive or protected areas, (h) zoning or building entitlements to which the Property or any portion thereof may be subject, (i) the availability of any utilities to the Property or any portion thereof including, without limitation, water, sewage, gas and electric, (j) usages of adjoining property, (k) access to the Property or any portion thereof, (l) the value, compliance with the plans and specifications, size, location, age, use, design, quality, description, suitability, structural integrity, operation, title to, or physical or financial condition of the Property or any portion thereof, or any income, expenses, charges, liens, encumbrances, rights or claims on or affecting or pertaining to the Property or any part thereof, (m) the condition or use of the Property or compliance of the Property with any or all past, present or future federal, state or local ordinances, rules, regulations or laws, building, fire or zoning ordinances, codes or other similar laws, (n) the existence or non-existence of underground storage tanks, surface impoundments, or landfills, (o) any other matter affecting the stability and integrity of the Property, (p) the potential for further development of the Property, (q) the merchantability of the Property or fitness of the Property for any particular purpose, (r) the truth, accuracy or completeness of the Property Documents, (s) tax consequences, or (t) any other matter or thing with respect to the Property.
Appears in 4 contracts
Samples: Purchase and Sale Agreement (Cole Credit Property Trust V, Inc.), Purchase and Sale Agreement (Berkshire Income Realty, Inc.), Purchase and Sale Agreement (Inland Western Retail Real Estate Trust Inc)
Disclaimers By Seller. Except as expressly set forth in this Agreement, it is understood and agreed that Seller and Seller’s agents or employees Asset Manager have not at any time made and are not now making, and they specifically disclaim, any warranties, warranties or representations or guaranties of any kind or character, express or implied, with respect to the Property, including, but not limited to, warranties, warranties or representations or guaranties as to (ai) matters of title (other than Seller’s special warranty of title to be contained in the Deed)title, (bii) environmental matters relating to the Property or any portion thereof, including, without limitation, the presence of Hazardous Materials in, on, under or in the vicinity of the Property, (ciii) geological conditions, including, without limitation, subsidence, subsurface conditions, water table, underground water reservoirs, limitations regarding the withdrawal of water, and geologic faults and the resulting damage of past and/or future faulting, (div) whether, and to the extent to which the Property or any portion thereof is affected by any stream (surface or underground), body of water, wetlands, flood prone area, flood plain, floodway or special flood hazard, (ev) drainage, (fvi) soil conditions, including the existence of instability, past soil repairs, soil additions or conditions of soil fill, or susceptibility to landslides, or the sufficiency of any undershoring, (gvii) the presence of endangered species or any environmentally sensitive or protected areas, (hviii) zoning or building entitlements to which the Property or any portion thereof may be subject, (iix) the availability of any utilities to the Property or any portion thereof including, without limitation, water, sewage, gas and electric, (jx) usages of adjoining property, (kxi) access to the Property or any portion thereof, (lxii) the value, compliance with the plans and specifications, size, location, age, use, design, quality, description, suitability, structural integrity, operation, title to, or physical or financial condition of the Property or any portion thereof, or any income, expenses, charges, liens, encumbrances, rights or claims on or affecting or pertaining to the Property or any part thereof, (mxiii) the condition or use of the Property or compliance of the Property with any or all past, present or future federal, state or local ordinances, rules, regulations or laws, building, fire or zoning ordinances, codes or other similar laws, (nxiv) the existence or non-existence of underground storage tanks, surface impoundments, or landfills, (o) any other matter affecting the stability and integrity of the Property, (p) the potential for further development of the Property, (qxv) the merchantability of the Property or fitness of the Property for any particular purpose, (rxvi) the truth, accuracy or completeness of the Property Documents, (sxvii) tax consequences, or (txviii) any other matter or thing with respect to the Property.
Appears in 2 contracts
Samples: Agreement of Purchase and Sale (Kronos Inc), Agreement of Purchase and Sale (Capital Lease Funding Inc)
Disclaimers By Seller. Except as expressly set forth in this AgreementAgreement and/or the Closing documents, it is understood and agreed that Seller and Seller’s agents or employees have not at any time made and are not now making, and they specifically disclaim, any warranties, representations or guaranties of any kind or character, express or implied, with respect to the Property, including, but not limited to, warranties, representations or guaranties as to (a) matters of title (other than Seller’s special warranty of title to be contained in the DeedDeeds), (b) environmental matters relating to the Property or any portion thereof, including, without limitation, the presence of Hazardous Materials in, on, under or in the vicinity of the Property, (c) geological conditions, including, without limitation, subsidence, subsurface conditions, water table, underground water reservoirs, limitations regarding the withdrawal of water, and geologic faults and the resulting damage of past and/or future faulting, (d) whether, and to the extent to which the Property or any portion thereof is affected by any stream (surface or underground), body of water, wetlands, flood prone area, flood plain, floodway or special flood hazard, (e) drainage, (f) soil conditions, including the existence of instability, past soil repairs, soil additions or conditions of soil fill, or susceptibility to landslides, or the sufficiency of any undershoring, (g) the presence of endangered species or any environmentally sensitive or protected areas, (h) zoning or building entitlements to which the Property or any portion thereof may be subject, (i) the availability of any utilities to the Property or any portion thereof including, without limitation, water, sewage, gas and electric, (j) usages of adjoining property, (k) access to the Property or any portion thereof, (l) the value, compliance with the plans and specifications, size, location, age, use, design, quality, description, suitability, structural integrity, operation, title to, or physical or financial condition of the Property or any portion thereof, or any income, expenses, charges, liens, encumbrances, rights or claims on or affecting or pertaining to the Property or any part thereof, (m) the condition or use of the Property or compliance of the Property with any or all past, present or future federal, state or local ordinances, rules, regulations or laws, building, fire or zoning ordinances, codes or other similar laws, (n) the existence or non-existence of underground storage tanks, surface impoundments, or landfills, (o) any other matter affecting the stability and integrity of the Property, (p) the potential for further development of the Property, (q) the merchantability of the Property or fitness of the Property for any particular purpose, (r) the truth, accuracy or completeness of the Property DocumentsDocuments or Updated Property Information, (s) tax consequences, or (t) any other matter or thing with respect to the Property.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Dividend Capital Total Realty Trust Inc.), Purchase and Sale Agreement (Istar Financial Inc)
Disclaimers By Seller. Except as expressly set forth in this AgreementAgreement and/or the Closing documents, it is understood and agreed that Seller Seller, AFE, PXR, PXURA and PXLA and Seller’s, AFE’s, PXR’s, PXURA’s and PXLA’s agents or employees have not at any time made and are not now making, and they specifically disclaim, any warranties, representations or guaranties of any kind or character, express or implied, with respect to the PropertyMembership Interests, the Real Property and Improvements, including, but not limited to, warranties, representations or guaranties as to (a) matters of title (other than Seller’s special warranty of title to be contained in the Deed)title, (b) environmental matters relating to the Property Real Property, the Improvements or any portion thereof, including, without limitation, the presence of Hazardous Materials in, on, under or in the vicinity of the PropertyReal Property or Improvements, (c) geological conditions, including, without limitation, subsidence, subsurface conditions, water table, underground water reservoirs, limitations regarding the withdrawal of water, and geologic faults and the resulting damage of past and/or future faulting, (d) whether, and to the extent to which the Property Real Property, the Improvements or any portion thereof is affected by any stream (surface or underground), body of water, wetlands, flood prone area, flood plain, floodway or special flood hazard, (e) drainage, (f) soil conditions, including the existence of instability, past soil repairs, soil additions or conditions of soil fill, or susceptibility to landslides, or the sufficiency of any undershoring, (g) the presence of endangered species or any environmentally sensitive or protected areas, (h) zoning or building entitlements to which the Property Real Property, the Improvements or any portion thereof may be subject, (i) the availability of any utilities to the Property Real Property, the Improvements or any portion thereof thereof, including, without limitation, water, sewage, gas and electric, (j) usages of adjoining property, (k) access to the Property Real Property, the Improvements or any portion thereof, (l) the value, compliance with the plans and specifications, size, location, age, use, design, quality, description, suitability, structural integrity, operation, title to, or physical or financial condition of the Property Real Property, the Improvements or any portion thereof, or any income, expenses, charges, liens, encumbrances, rights or claims on or affecting or pertaining to the Property Real Property, the Improvements or any part thereof, (m) the condition or use of the Property Real Property, the Improvements or compliance of the Real Property or the Improvements with any or all past, present or future federal, state or local ordinances, rules, regulations or laws, building, fire or zoning ordinances, codes or other similar laws, (n) the existence or non-existence of underground storage tanks, surface impoundments, or landfills, (o) any other matter affecting the stability and integrity of the PropertyReal Property or the Improvements, (p) the potential for further development of the PropertyReal Property or the Improvements, (q) the merchantability of the Real Property or the Improvements or fitness of the Real Property or the Improvements for any particular purpose, (r) the truth, accuracy or completeness of the Property DocumentsDocuments or Updated Property Information, (s) tax consequences, or (t) any other matter or thing with respect to the PropertyReal Property or the Improvements.
Appears in 2 contracts
Samples: Member Interest Purchase and Sale Agreement (Dividend Capital Total Realty Trust Inc.), Member Interest Purchase and Sale Agreement (Istar Financial Inc)
Disclaimers By Seller. Except as expressly set forth in this AgreementAgreement and any document executed by Seller and delivered to Purchaser at Closing, it is understood and agreed that Seller and Seller’s agents or employees Asset Manager have not at any time made and are not now making, and they specifically disclaim, any warranties, warranties or representations or guaranties of any kind or character, express or implied, with respect to the Property, including, but not limited to, warranties, warranties or representations or guaranties as to (ai) matters of title (other than Seller’s special warranty of title to be contained in the Deed)title, (bii) environmental matters relating to the Property or any portion thereof, including, without limitation, the presence of Hazardous Materials in, on, under or in the vicinity of the Property, (ciii) geological conditions, including, without limitation, subsidence, subsurface conditions, water table, underground water reservoirs, limitations regarding the withdrawal of water, and geologic faults and the resulting damage of past and/or future faulting, (div) whether, and to the extent to which the Property or any portion thereof is affected by any stream (surface or underground), body of water, wetlands, flood prone area, flood plain, floodway or special flood hazard, (ev) drainage, (fvi) soil conditions, including the existence of instability, past soil repairs, soil additions or conditions of soil fill, or susceptibility to landslides, or the sufficiency of any undershoring, (gvii) the presence of endangered species or any environmentally sensitive or protected areas, (hviii) zoning or building entitlements to which the Property or any portion thereof may be subject, (iix) the availability of any utilities to the Property or any portion thereof including, without limitation, water, sewage, gas and electric, (jx) usages of adjoining property, (kxi) access to the Property or any portion thereof, (lxii) the value, compliance with the plans and specifications, size, location, age, use, design, quality, description, suitability, structural integrity, operation, title to, or physical or financial condition of the Property or any portion thereof, or any income, expenses, charges, liens, encumbrances, rights or claims on or affecting or pertaining to the Property or any part thereof, (mxiii) the condition or use of the Property or compliance of the Property with any or all past, present or future federal, state or local ordinances, rules, regulations or laws, building, fire or zoning ordinances, codes or other similar laws, (nxiv) the existence or non-existence of underground storage tanks, surface impoundments, or landfills, (o) any other matter affecting the stability and integrity of the Property, (p) the potential for further development of the Property, (qxv) the merchantability of the Property or fitness of the Property for any particular purpose, (rxvi) the truth, accuracy or completeness of the Property Documents, (sxvii) tax consequences, or (txviii) any other matter or thing with respect to the Property.
Appears in 2 contracts
Samples: Agreement of Purchase and Sale (Amerivest Properties Inc), Agreement of Purchase and Sale (Amerivest Properties Inc)
Disclaimers By Seller. Except as expressly set forth in this Agreement, it is understood and agreed that Seller and Seller’s agents or employees Asset Manager have not at any time made and are not now making, and they specifically disclaim, any warranties, warranties or representations or guaranties of any kind or character, express or implied, with respect to the Property, including, but not limited to, warranties, warranties or representations or guaranties as to (ai) matters of title title; (other than Seller’s special warranty of title to be contained in the Deed), (bii) environmental matters relating to the Property or any portion thereof, including, without limitation, the presence of Hazardous Materials in, on, under or in the vicinity of the Property, (ciii) geological conditions, including, without limitation, subsidence, subsurface conditions, water table, underground water reservoirs, limitations regarding the withdrawal of water, and geologic faults and the resulting damage of past and/or future faulting, (div) whether, and to the extent to which the Property or any portion thereof is affected by any stream (surface or underground), body of water, wetlands, flood prone area, flood plain, floodway or special flood hazard, (ev) drainage, (fvi) soil conditions, including the existence of instability, past soil repairs, soil additions or conditions of soil fill, or susceptibility to landslides, or the sufficiency of any undershoring, (gvii) the presence of endangered species or any environmentally sensitive or protected areas, (hviii) zoning or building entitlements to which the Property or any portion thereof may be subject, (iix) the availability of any utilities to the Property or any portion thereof including, without limitation, water, sewage, gas and electric, (jx) usages of adjoining property, (kxi) access to the Property or any portion thereof, (lxii) the value, compliance with the plans and specifications, size, location, age, use, design, quality, description, suitability, structural integrity, operation, title to, or physical or financial condition of the Property or any portion thereof, or any income, expenses, charges, liens, encumbrances, rights or claims on or affecting or pertaining to the Property or any part thereof, (mxiii) the condition or use of the Property or compliance of the Property with any or all past, present or future federal, state or local ordinances, rules, regulations or laws, building, fire or zoning ordinances, codes or other similar laws, (nxiv) the existence or non-existence of underground storage tanks, surface impoundments, or landfills, (o) any other matter affecting the stability and integrity of the Property, (p) the potential for further development of the Property, (qxv) the merchantability of the Property or fitness of the Property for any particular purpose, (rxvi) the truth, accuracy or completeness of the Property Documents, (sxvii) tax consequences, or (txviii) any other matter or thing with respect to the Property.
Appears in 2 contracts
Samples: Agreement of Purchase and Sale (Berkshire Income Realty Inc), Agreement of Purchase and Sale (Berkshire Income Realty Inc)
Disclaimers By Seller. Except as expressly set forth in this AgreementAgreement (including without limitation Article V), it is understood and agreed that Seller and Seller’s agents or employees have not at any time made and are not now making, and they specifically disclaim, any warranties, representations or guaranties of any kind or character, express or implied, with respect to the Property, including, but not limited to, warranties, representations or guaranties as to (a) matters of title (other than Seller’s special warranty of title to be as expressly contained in the Deeddeeds), (b) environmental matters relating to the Property or any portion thereof, including, without limitation, the presence of Hazardous Materials hazardous materials in, on, under or in the vicinity of the Property, (c) geological conditions, including, without limitation, subsidence, subsurface conditions, water table, underground water reservoirs, limitations regarding the withdrawal of water, and geologic faults and the resulting damage of past and/or future faulting, (d) whether, and to the extent to which the Property or any portion thereof is affected by any stream (surface or underground), body of water, wetlands, flood prone area, flood plain, floodway or special flood hazard, (e) drainage, (f) soil conditions, including the existence of instability, past soil repairs, soil additions or conditions of soil fill, or susceptibility to landslides, or the sufficiency of any undershoring, (g) the presence of endangered species or any environmentally sensitive or protected areas, (h) zoning or building entitlements to which the Property or any portion thereof may be subject, (i) the availability of any utilities to the Property or any portion thereof including, without limitation, water, sewage, gas and electric, (j) usages of adjoining property, (k) access to the Property or any portion thereof, (l) the value, compliance with the plans and specifications, size, location, age, use, design, quality, description, suitability, structural integrity, operation, title to, or physical or financial condition of the Property or any portion thereof, or any income, expenses, charges, liens, encumbrances, rights or claims on or affecting or pertaining to the Property or any part thereof, (m) the condition or use of the Property or compliance of the Property with any or all past, present or future federal, state or local ordinances, rules, regulations or laws, building, fire or zoning ordinances, codes or other similar laws, (n) the existence or non-existence of underground storage tanks, surface impoundments, or landfills, (o) any other matter affecting the stability and integrity of the Property, (p) the potential for further development of the Property, (q) the merchantability of the Property or fitness of the Property for any particular purpose, (r) the truth, accuracy or completeness of the Property Documentstax consequences, (s) tax consequencesthe ability to obtain consents from the ground lessors of the Ground Leased Properties, or (t) any other matter or thing with respect to the Property.
Appears in 1 contract
Samples: Lease (Red Lion Hotels CORP)
Disclaimers By Seller. Except as expressly set forth in this AgreementAgreement and any document executed by the applicable Seller and delivered to Purchaser at Closing, it is understood and agreed that Seller and Seller’s agents or employees have has not at any time made and are is not now making, and they it specifically disclaimdisclaims, any warranties, warranties or representations or guaranties of any kind or character, express or implied, with respect to the Property, including, but not limited to, warranties, warranties or representations or guaranties as to (ai) matters of title (other than Seller’s special warranty of title to be contained in the Deed)title, (bii) environmental matters relating to the Property or any portion thereof, including, without limitation, the presence of Hazardous Materials in, on, under or in the vicinity of the Property, (ciii) geological conditions, including, without limitation, subsidence, subsurface conditions, water table, underground water reservoirs, limitations regarding the withdrawal of water, and geologic faults and the resulting damage of past and/or future faulting, (div) whether, and to the extent to which the Property or any portion thereof is affected by any stream (surface or underground), body of water, wetlands, flood prone area, flood plain, floodway or special flood hazard, (ev) drainage, (fvi) soil conditions, including the existence of instability, past soil repairs, soil additions or conditions of soil fill, or susceptibility to landslides, or the sufficiency of any undershoring, (gvii) the presence of endangered species or any environmentally sensitive or protected areas, (hviii) zoning or building entitlements to which the Property or any portion thereof may be subject, (iix) the availability of any utilities to the Property or any portion thereof including, without limitation, water, sewage, gas and electric, (jx) usages of adjoining property, (kxi) access to the Property or any portion thereof, (lxii) the value, compliance with the plans and specifications, size, location, age, use, design, quality, description, suitability, structural integrity, operation, title to, or physical or financial condition of the Property or any portion thereof, or any income, expenses, charges, liens, encumbrances, rights or claims on or affecting or pertaining to the Property or any part thereof, (mxiii) the condition or use of the Property or compliance of the Property with any or all past, present or future federal, state or local ordinances, rules, regulations or laws, building, fire or zoning ordinances, codes or other similar laws, (nxiv) the existence or non-existence of underground storage tanks, surface impoundments, or landfills, (o) any other matter affecting the stability and integrity of the Property, (p) the potential for further development of the Property, (qxv) the merchantability of the Property or fitness of the Property for any particular purpose, (rxvi) the truth, accuracy or completeness of the Property Documents, (sxvii) tax consequences, or (txviii) any other matter or thing with respect to the Property.
Appears in 1 contract
Samples: Agreement of Purchase and Sale (Amerivest Properties Inc)
Disclaimers By Seller. Except as expressly set forth in this Agreement, it is understood and agreed that Seller and Seller’s agents or employees Asset Manager have not at any time made and are not now making, and they specifically disclaim, any warranties, warranties or representations or guaranties of any kind or character, express or implied, with respect to the Property, including, but not limited to, warranties, warranties or representations or guaranties as to (ai) matters of title (other than Seller’s special warranty of title to be contained in the Deed)title, (bii) environmental matters relating to the Property or any portion thereof, including, without limitation, the presence of Hazardous Materials in, on, under or in the vicinity of the Property, (ciii) geological conditions, including, without limitation, subsidence, subsurface conditions, water table, underground water reservoirs, limitations regarding the withdrawal of water, and geologic faults and the resulting damage of past and/or future faulting, (div) whether, and to the extent to which the Property or any portion thereof is affected by any stream (surface or underground), body of water, wetlands, flood prone area, flood plain, floodway or special flood hazard, (ev) drainage, (fvi) soil conditions, including the existence of instability, past soil repairs, soil additions or conditions of soil fill, or susceptibility to landslides, or the sufficiency of any undershoring, (gvii) the presence of endangered species or any environmentally sensitive or protected areas, (hviii) zoning or building entitlements to which the Property or or, any portion thereof may be be, subject, (iix) the availability of any way utilities to the Property or any portion thereof including, without limitation, water, sewage, gas and electric, (jx) usages of adjoining propertyProperty, (kxi) access to the Property or any portion thereof, (lxii) the value, compliance with the plans and specifications, size, location, age, use, design, quality, description, suitability, structural integrity, operation, title to, or physical or financial condition of the Property or any portion thereof, or any income, expenses, charges, liens, encumbrances, rights or claims on on. or affecting or pertaining to the Property or any part thereof, (mxiii) the condition or use of the Property or compliance of the Property with any or all past, present or future federal, state or local ordinances, rules, regulations or laws, building, fire or zoning ordinances, codes or other similar laws, (nxiv) the existence or non-existence of underground storage tanks, surface impoundments, or landfills, (o) any other matter affecting the stability and integrity of the Property, (p) the potential for further development of the Property, (qxv) the merchantability of the Property or fitness of the Property for any particular Particular purpose, (rxvi) the truth, accuracy or completeness of the Property Documents, (sxvii) tax consequences, or (txviii) any other matter or thing with respect to the Property.
Appears in 1 contract
Samples: Agreement of Purchase and Sale (Apple Residential Income Trust Inc)
Disclaimers By Seller. Except as expressly set forth in this AgreementAgreement and in the documents executed by Seller at Closing, it is understood and agreed that Seller and Seller’s agents or employees have not at any time made and are not now making, and they specifically disclaim, any warranties, representations or guaranties of any kind or character, express or implied, with respect to the Property, including, but not limited to, warranties, representations or guaranties as to (a) matters of title (other than Seller’s special warranty of title to be contained in the Deed), (b) environmental matters relating to the Property or any portion thereof, including, without limitation, the presence of Hazardous Materials in, on, under or in the vicinity of the Property, (c) geological conditions, including, without limitation, subsidence, subsurface conditions, water table, underground water reservoirs, limitations regarding the withdrawal of water, and geologic faults and the resulting damage of past and/or future faulting, (d) whether, and to the extent to which the Property or any portion thereof is affected by any stream (surface or underground), body of water, wetlands, flood prone area, flood plain, floodway or special flood hazard, (e) drainage, (f) soil conditions, including the existence of instability, past soil repairs, soil additions or conditions of soil fill, or susceptibility to landslides, or the sufficiency of any undershoring, (g) the presence of endangered species or any environmentally sensitive or protected areas, (h) zoning or building entitlements to which the Property or any portion thereof may be subject, (i) the availability of any utilities to the Property or any portion thereof including, without limitation, water, sewage, gas and electric, (j) usages of adjoining property, (k) access to the Property or any portion thereof, (l) the value, compliance with the plans and specifications, size, location, age, use, design, quality, description, suitability, structural integrity, operation, title to, or physical or financial condition of the Property or any portion thereof, or any income, expenses, charges, liens, encumbrances, rights or claims on or affecting or pertaining to the Property or any part thereof, (m) the condition or use of the Property or compliance of the Property with any or all past, present or future federal, state or local ordinances, rules, regulations or laws, building, fire or zoning ordinances, codes or other similar laws, (n) the existence or non-existence of underground storage tanks, surface impoundments, or landfills, (o) any other matter affecting the stability and integrity of the Property, (p) the potential for further development of the Property, (q) the merchantability of the Property or fitness of the Property for any particular purpose, (r) the truth, accuracy or completeness of the Property Documents, (s) tax consequences, or (t) any other matter or thing with respect to the Property.
Appears in 1 contract
Samples: Purchase and Sale Agreement
Disclaimers By Seller. Except as expressly set forth in this Agreement, it is understood and agreed that Seller and Seller’s agents or employees have has not at any time made and are is not now making, and they specifically disclaimdisclaims, any warranties, warranties or representations or guaranties of any kind or character, express or implied, with respect to the Property, including, but not limited to, warranties, warranties or representations or guaranties as to (ai) matters of title (other than Seller’s special warranty of title to be contained in the Deed)title, (bii) environmental matters relating to the Property or any portion thereof, including, without limitation, the presence of Hazardous Materials in, on, under or in the vicinity of the Property, (ciii) geological conditions, including, without limitation, subsidence, subsurface conditions, water table, underground water reservoirs, limitations regarding the withdrawal of water, and geologic faults and the resulting damage of past and/or future faulting, (div) whether, and to the extent to which the Property or any portion thereof is affected by any stream (surface or underground), body of water, wetlands, flood prone area, flood plain, floodway or special flood hazard or fire hazard, (ev) drainage, (fvi) soil conditions, including the existence of instability, past soil repairs, soil additions or conditions of soil fill, or susceptibility to landslides, or the sufficiency of any undershoring, (gvii) the presence of endangered species or any environmentally sensitive or protected areas, (hviii) zoning or building entitlements to which the Property or any portion thereof may be subject, (iix) the availability of any utilities to the Property or any portion thereof including, without limitation, water, sewage, gas and electric, (jx) usages of adjoining property, (kxi) access to the Property or any portion thereof, (lxii) the value, compliance with the plans and specifications, size, location, age, use, design, quality, description, suitability, structural integrity, operation, title to, or physical or financial condition of the Property or any portion thereof, or any income, expenses, charges, liens, encumbrances, rights or claims on or affecting or pertaining to the Property or any part thereof, (mxiii) the condition or use of the Property or compliance of the Property with any or all past, present or future federal, state or local ordinances, rules, regulations or laws, building, fire or zoning ordinances, codes or other similar laws, (nxiv) the existence or non-non- existence of underground storage tanks, surface impoundments, or landfills, (o) any other matter affecting the stability and integrity of the Property, (p) the potential for further development of the Property, (qxv) the merchantability of the Property or fitness of the Property for any particular purpose, (rxvi) the truth, accuracy or completeness of the Property Documents, (sxvii) tax consequences, or (txviii) any other matter or thing with respect to the Property.
Appears in 1 contract
Samples: Limited Liability Company Membership Interest Purchase Agreement (Cannapharmarx, Inc.)
Disclaimers By Seller. Except as expressly set forth in this AgreementAgreement or in any document executed by Seller and delivered to Purchaser at Closing, it is understood and agreed that Seller and Seller’s agents or employees have not at any time made and are not now making, and they specifically disclaim, any warranties, representations or guaranties of any kind or character, express or implied, with respect to the Property, including, but not limited to, warranties, representations or guaranties as to (a) matters of title (other than Seller’s special warranty of title to be contained in the Deed), (b) environmental matters relating to the Property or any portion thereof, including, without limitation, the presence of Hazardous Materials in, on, under or in the vicinity of the Property, (c) geological conditions, including, without limitation, subsidence, subsurface conditions, water table, underground water reservoirs, limitations regarding the withdrawal of water, and geologic faults and the resulting damage of past and/or future faulting, (d) whether, and to the extent to which the Property or any portion thereof is affected by any stream (surface or underground), body of water, wetlands, flood prone area, flood plain, floodway or special flood hazard, (e) drainage, (f) soil conditions, including the existence of instability, past soil repairs, soil additions or conditions of soil fill, or susceptibility to landslides, or the sufficiency of any undershoring, (g) the presence of endangered species or any environmentally sensitive or protected areas, (h) zoning or building entitlements to which the Property or any portion thereof may be subject, (i) the availability of any utilities to the Property or any portion thereof including, without limitation, water, sewage, gas and electric, (j) usages of adjoining property, (k) access to the Property or any portion thereof, (l) the value, compliance with the plans and specifications, size, location, age, use, design, quality, description, suitability, structural integrity, operation, title to, or physical or financial condition of the Property or any portion thereof, or any income, expenses, charges, liens, encumbrances, rights or claims on or affecting or pertaining to the Property or any part thereof, (m) the condition or use of the Property or compliance of the Property with any or all past, present or future federal, state or local ordinances, rules, regulations or laws, building, fire or zoning ordinances, codes or other similar laws, (n) the existence or non-existence of underground storage tanks, surface impoundments, or landfills, (o) any other matter affecting the stability and integrity of the Property, (p) the potential for further development of the Property, (q) the merchantability of the Property or fitness of the Property for any particular purpose, (r) the truth, accuracy or completeness of the Property DocumentsDocuments or any survey of the Property, (s) tax consequences, or (t) any other matter or thing with respect to the Property.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Piedmont Office Realty Trust, Inc.)
Disclaimers By Seller. Except as expressly set forth in this Agreement, it is understood and agreed that Seller and Seller’s agents or employees have not at any time made and are not now making, and they specifically disclaim, any warranties, representations or guaranties of any kind or character, express or implied, with respect to the Property, including, but not limited to, warranties, representations or guaranties as to (a) matters of title (other than Seller’s special warranty of title to be contained in the Deed), (b) environmental matters relating to the Property or any portion thereof, including, without limitation, the presence of Hazardous Materials in, on, under or in the vicinity of the Property, (c) geological conditions, including, without limitation, subsidence, subsurface conditions, water table, underground water reservoirs, limitations regarding the withdrawal of water, and geologic faults and the resulting damage of past and/or future faulting, (d) whether, and to the extent to which the Property or any portion thereof is affected by any stream (surface or underground), body of water, wetlands, flood prone area, flood plain, floodway or special flood hazard, (e) drainage, (f) soil conditions, including the existence of instability, past soil repairs, soil additions or conditions of soil fill, or susceptibility to landslides, or the sufficiency of any undershoring, (g) the presence of endangered species or any environmentally sensitive or protected areas, (h) zoning or building entitlements to which the Property or any portion thereof may be subject, (i) the availability of any utilities to the Property or any portion thereof including, without limitation, water, sewage, gas and electric, (j) usages of adjoining property, (k) access to the Property or any portion thereof, (l) the value, compliance with the plans and specifications, size, location, age, use, design, quality, description, suitability, structural integrity, operation, title to, or physical or financial condition of the Property or any portion thereof, or any income, expenses, charges, liens, encumbrances, rights or claims on or affecting or pertaining to the Property or any part thereof, (m) the condition condition, construction or use of the Property or compliance of the Property with any or all past, present or future federal, state or local ordinances, rules, regulations or laws, building, fire or zoning ordinances, codes or other similar laws, (n) the existence or non-existence of underground storage tanks, surface impoundments, or landfills, (o) any other matter affecting the stability Purchase and Sale Agreement – 5000 Xxxxxxxxxxxx Xxxxx and integrity of the Property, (p) the potential for further development of the Property, (q) the merchantability of the Property or fitness of the Property for any particular purpose, (r) the truth, accuracy or completeness of the Property DocumentsDocuments or any survey of the Property, (s) tax consequences, or (t) any other matter or thing with respect to the Property.
Appears in 1 contract
Disclaimers By Seller. Except as expressly set forth in this AgreementAgreement and/or in any document executed by Seller and delivered to Purchaser at Closing, it is understood and agreed that Seller and Seller’s 's agents or employees have not at any time made and are not now making, and they specifically disclaim, any warranties, representations or guaranties of any kind or character, express or implied, with respect to the Property, including, but not limited to, warranties, representations or guaranties as to (a) matters of title (other than Seller’s 's special warranty of title to be contained in the Deed), (b) environmental matters relating to the Property or any portion thereof, including, without limitation, the presence of Hazardous Materials in, on, under or in the vicinity of the Property, (c) geological conditions, including, without limitation, subsidence, subsurface conditions, water table, underground water reservoirs, limitations regarding the withdrawal of water, and geologic faults and the resulting damage of past and/or future faulting, (d) whether, and to the extent to which the Property or any portion thereof is affected by any stream (surface or underground), body of water, wetlands, flood prone area, flood plain, floodway or special flood hazard, (e) drainage, (f) soil conditions, including the existence of instability, past soil repairs, soil additions or conditions of soil fill, or susceptibility to landslides, or the sufficiency of any undershoring, (g) the presence of endangered species or any environmentally sensitive or protected areas, (h) zoning or building entitlements to which the Property or any portion thereof may be subject, (i) the availability of any utilities to the Property or any portion thereof including, without limitation, water, sewage, gas and electric, (j) usages of adjoining property, (k) access to the Property or any portion thereof, (l) the value, compliance with the plans and specifications, size, location, age, use, design, quality, description, suitability, structural integrity, operation, title to, or physical or financial condition of the Property or any portion thereof, or any income, expenses, charges, liens, encumbrances, rights or claims on or affecting or pertaining to the Property or any part thereof, (m) the condition or use of the Property or compliance of the Property with any or all past, present or future federal, state or local ordinances, rules, regulations or laws, building, fire or zoning ordinances, codes or other similar laws, (n) the existence or non-existence of underground storage tanks, surface impoundments, or landfills, (o) any other matter affecting the stability and integrity of the Property, (p) the potential for further development of the Property, (q) the merchantability of the Property or fitness of the Property for any particular purpose, (r) the truth, accuracy or completeness of the Property Documents, (s) tax consequences, or (t) any other matter or thing with respect to the Property.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Plymouth Industrial REIT Inc.)
Disclaimers By Seller. Except as expressly set forth in this AgreementAgreement and any document executed by Seller and delivered to Purchaser at Closing, it is understood and agreed that Seller and Seller’s agents or employees have has not at any time made and are is not now making, and they it specifically disclaimdisclaims, any warranties, warranties or representations or guaranties of any kind or character, express or implied, with respect to the Property, including, but not limited to, warranties, warranties or representations or guaranties as to (ai) matters of title (other than Seller’s special warranty of title to be contained in the Deed)title, (bii) environmental matters relating to the Property or any portion thereof, including, without limitation, the presence of Hazardous Materials in, on, under or in the vicinity of the Property, (ciii) geological conditions, including, without limitation, subsidence, subsurface conditions, water table, underground water reservoirs, limitations regarding the withdrawal of water, and geologic faults and the resulting damage of past and/or future faulting, (div) whether, and to the extent to which the Property or any portion thereof is affected by any stream (surface or underground), body of water, wetlands, flood prone area, flood plain, floodway or special flood hazard, (ev) drainage, (fvi) soil conditions, including the existence of instability, past soil repairs, soil additions or conditions of soil fill, or susceptibility to landslides, or the sufficiency of any undershoring, (gvii) the presence of endangered species or any environmentally sensitive or protected areas, (hviii) zoning or building entitlements to which the Property or any portion thereof may be subject, (iix) the availability of any utilities to the Property or any portion thereof including, without limitation, water, sewage, gas and electric, (jx) usages of adjoining property, (kxi) access to the Property or any portion thereof, (lxii) the value, compliance with the plans and specifications, size, location, age, use, design, quality, description, suitability, structural integrity, operation, title to, or physical or financial condition of the Property or any portion thereof, or any income, expenses, charges, liens, encumbrances, rights or claims on or affecting or pertaining to the Property or any part thereof, (mxiii) the condition or use of the Property or compliance of the Property with any or all past, present or future federal, state or local ordinances, rules, regulations or laws, building, fire or zoning ordinances, codes or other similar laws, (nxiv) the existence or non-existence of underground storage tanks, surface impoundments, or landfills, (o) any other matter affecting the stability and integrity of the Property, (p) the potential for further development of the Property, (qxv) the merchantability of the Property or fitness of the Property for any particular purpose, (rxvi) the truth, accuracy or completeness of the Property Documents, (sxvii) tax consequences, or (txviii) any other matter or thing with respect to the Property.
Appears in 1 contract
Samples: Agreement of Purchase and Sale (Amerivest Properties Inc)
Disclaimers By Seller. Except as expressly set forth in this AgreementAgreement or in documents delivered at Closing, it is understood Purchaser has not relied and agreed that will not rely on, and Seller and Seller’s agents or employees Property Manager have not at any time made and are not now making, and they specifically disclaimliable for or bound by, any express or implied warranties, guarantees, statements, representations or guaranties information of any kind or character, express or implied, with respect character pertaining to the PropertyProperties or relating thereto made or furnished by Seller, includingProperty Manager, but not limited toor any real estate broker, warrantiesagent or third party representing or purporting to represent Seller, to whomever made or given, directly or indirectly, orally or in writing, including warranties or representations or guaranties as to (ai) matters of title (other than Seller’s special warranty of title to be contained in the Deed)title, (bii) environmental matters relating to the Property Properties or any portion thereof, including, without limitation, including the presence of Hazardous Materials in, on, under or in the vicinity of the PropertyProperties, (ciii) geological conditions, including, without limitation, including subsidence, subsurface conditions, water table, underground water reservoirs, limitations regarding the withdrawal of water, and geologic faults and the resulting damage of past and/or future faulting, (div) whether, and to the extent to which which, the Property Properties or any portion thereof is affected by any stream (surface or underground), body of water, wetlands, flood prone area, flood plain, floodway or special flood hazard, (ev) PFS:009462.0002.2820427.11 drainage, (fvi) soil conditions, including the existence of instability, past soil repairs, soil additions or conditions of soil fill, or susceptibility to landslides, or the sufficiency of any undershoring, (gvii) the presence of endangered species or any environmentally sensitive or protected areas, (hviii) zoning or building entitlements to which the Property Properties or any portion thereof may be subject, (iix) the availability of any utilities to the Property Properties or any portion thereof including, without limitation, including water, sewage, gas and electric, (jx) usages of adjoining property, (kxi) access to the Property Properties or any portion thereof, (lxii) the value, compliance with the plans and specifications, size, location, age, use, design, quality, description, suitability, structural integrity, operation, title to, or physical or financial condition of the Property Properties or any portion thereof, or any income, expenses, charges, liens, encumbrances, rights or claims on or affecting or pertaining to the Property Properties or any part thereof, (mxiii) the condition or use of the Property Properties or compliance of the Property Properties with any or all past, present or future federal, state or local ordinances, rules, regulations or laws, building, fire or zoning ordinances, codes or other similar laws, (nxiv) the existence or non-existence of underground storage tanks, surface impoundments, or landfills, (o) any other matter affecting the stability and integrity of the Property, (p) the potential for further development of the Property, (qxv) the merchantability of the Property Properties or fitness of the Property Properties for any particular purpose, (rxvi) the truth, accuracy or completeness of the Property Documents, brokers’ sales memorandums, or other property information distributed with respect to the Properties, (sxvii) tax consequences, or (txviii) any other matter or thing with respect to the PropertyProperties.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Inland Real Estate Income Trust, Inc.)
Disclaimers By Seller. A. Except as expressly set forth in this AgreementAgreement or in any document or instrument executed by Seller at Closing, it is understood and agreed that neither Seller and nor Seller’s agents agents, employees or employees representatives have not at any time made and are not now making, and they specifically disclaim, any warranties, representations or guaranties of any kind or character, express or implied, with respect to the Property, including, but not limited to, except as expressly set forth in this Agreement or in any document or instrument executed by Seller at Closing, warranties, representations or guaranties as to (a) matters of title (other than Seller’s special limited warranty of title to be contained in the Deed), (b) environmental matters relating to the Property Property, the Land and Improvements or any portion thereof, including, without limitation, the presence of “Hazardous Materials Materials” (as defined below) in, on, under or in the vicinity of the PropertyLand and Improvements, (c) geological conditions, including, without limitation, subsidence, subsurface conditions, water table, underground water reservoirs, limitations regarding the withdrawal of water, and geologic faults and the resulting damage of past and/or future faulting, (d) whether, and to the extent to which which, the Property Land or Improvements or any portion thereof is affected by any stream (surface or underground), body of water, wetlands, flood prone area, flood plain, floodway or special flood hazard, (e) drainage, (f) soil conditions, including the existence of instability, past soil repairs, soil additions or conditions of soil fill, or susceptibility to landslides, or the sufficiency of any undershoring, (g) the presence of endangered species or any environmentally sensitive or protected areas, (h) zoning or building entitlements to which the Property Land or Improvements or any portion thereof may be subject, (i) the availability of any utilities to the Property Land or Improvements or any portion thereof including, without limitation, water, sewage, gas and electric, (j) usages of adjoining property, (k) access to the Property Land or Improvements or any portion thereof, (l) the value, compliance with the plans and specifications, size, location, age, use, design, quality, description, suitability, structural integrity, operation, title to, or physical or financial condition of the Property Land or Improvements or any portion thereof, or any income, expenses, charges, liens, encumbrances, rights or claims on or affecting or pertaining to the Property Property, the Land or Improvements or any part thereof, (m) the condition or use of the Property Land or Improvements or compliance of the Property Land or the Improvements with any or all past, present or future federal, state or local ordinances, rules, regulations or laws, building, fire or zoning ordinances, codes or other similar laws, (n) the existence or non-existence of underground storage tanks, surface impoundments, or landfills, (o) any other matter affecting the stability and integrity of the PropertyLand or Improvements, (p) the potential for further development of the PropertyLand or Improvements, (q) the merchantability of the Property Property, the Land or the Improvements or fitness of the Property Property, the Land or the Improvements for any particular purpose, (r) the truth, accuracy or completeness of the Property DocumentsDue Diligence Items, (s) tax consequences, or (t) any other matter or thing with respect to the Property., the Land or the Improvements
Appears in 1 contract
Samples: Purchase and Sale Agreement (Strategic Storage Growth Trust, Inc.)
Disclaimers By Seller. Except as expressly set forth in this AgreementAgreement and/or the Transfer Documents, it is understood and agreed that Seller and Seller’s agents or employees have has not at any time made and are is not now making, and they Seller specifically disclaimdisclaims, any warranties, warranties or representations or guaranties of any kind or character, express or implied, with respect to the Property, including, but not limited to, warranties, warranties or representations or guaranties as to (ai) matters of title (other than Seller’s special warranty of title to be contained in the Deed)title, (bii) environmental matters relating to the Property or any portion thereof, including, without limitation, the presence of Hazardous Materials hazardous materials in, on, under or in the vicinity of the Property, (ciii) geological conditions, including, without limitation, subsidence, subsurface conditions, water table, underground water reservoirs, limitations regarding the withdrawal of water, and geologic faults and the resulting damage of past and/or future faulting, (div) whether, and to the extent to which the Property or any portion CVS Alpharetta, GA thereof is affected by any stream (surface or underground), body of water, wetlands, flood prone areaareas, flood plain, floodway or special flood hazard, (ev) drainage, (fvi) soil conditions, including the existence of instability, past soil repairs, soil additions or conditions of soil fill, or susceptibility to landslides, or the sufficiency of any undershoring, (gvii) the presence of endangered species or any environmentally sensitive or protected areas, (hviii) zoning or building entitlements to which the Property or any portion thereof may be subject, (iix) the availability of any utilities to the Property or any portion thereof including, without limitation, water, sewage, gas and electric, (jx) usages of adjoining property, (kxi) access to the Property or any portion thereof, (lxii) the value, compliance with the plans and specifications, size, location, age, use, design, quality, description, suitability, structural integrity, operation, title to, or physical or financial condition of the Property or any portion thereof, or any income, expenses, charges, liens, encumbrances, rights or claims on or affecting or pertaining to the Property or any part thereof, (mxiii) the condition or use of the Property or compliance of the Property with any or all past, present or future federal, state or local ordinances, rules, regulations or laws, building, fire or zoning ordinances, codes or other similar laws, (nxiv) the existence or non-existence of underground storage tanks, surface impoundments, or landfills, (o) any other matter affecting the stability and integrity of the Property, (p) the potential for further development of the Property, (qxv) the merchantability of the Property or fitness of the Property for any particular purpose, (rxvi) the truth, accuracy or completeness of the Property DocumentsSeller's Diligence Deliveries other than those items described in and furnished pursuant to Subsections 8(a)(i), and (iii)-(vii), (sxvii) tax consequences, or (txviii) any other matter or thing with respect to the Property.
Appears in 1 contract
Samples: Purchase Agreement (Cole Credit Property Trust II Inc)
Disclaimers By Seller. Except as expressly set forth in this AgreementAgreement and in any document executed by Seller and delivered to Purchaser at Closing, it is understood and agreed that Seller and Seller’s agents or employees have has not at any time made and are is not now making, and they it specifically disclaimdisclaims, any warranties, warranties or representations or guaranties of any kind or character, express or implied, with respect to the PropertyProperty or the portion of the Seller Land that will comprise a portion of the Recreation Lot (the “Rec Lot Portion”), including, but not limited to, warranties, warranties or representations or guaranties as to (ai) matters of title (other than Seller’s special warranty of title to be contained in the Deed)title, (bii) environmental matters relating to the Property Property, the Rec Lot Portion or any portion thereof, including, without limitation, the presence of Hazardous Materials in, on, under or in the vicinity of the PropertyProperty or the Rec Lot Portion, (ciii) geological conditions, including, without limitation, subsidence, subsurface conditions, water table, underground water reservoirs, limitations regarding the withdrawal of water, and geologic faults and the resulting damage of past and/or future faulting, (div) whether, and to the extent to which the Property Property, the Rec Lot Portion or any portion thereof is affected by any stream (surface or underground), body of water, wetlands, flood prone area, flood plain, floodway or special flood hazard, (ev) drainage, (fvi) soil conditions, including the existence of instability, past soil repairs, soil additions or conditions of soil fill, or susceptibility to landslides, or the sufficiency of any undershoring, (gvii) the presence of endangered species or any environmentally sensitive or protected areas, (hviii) zoning or building entitlements to which the Property Property, the Rec Lot Portion or any portion thereof may be subject, (iix) the availability of any utilities to the Property Property, the Rec Lot Portion or any portion thereof including, without limitation, water, sewage, gas and electric, (jx) usages of adjoining property, (kxi) access to the Property Property, the Rec Lot Portion or any portion thereof, (lxii) the value, compliance with the plans and specifications, size, location, age, use, design, quality, description, suitability, structural integrity, operation, title to, or physical or financial condition of the Property Property, the Rec Lot Portion or any portion thereof, or any income, expenses, charges, liens, encumbrances, rights or claims on or affecting or pertaining to the Property Property, the Rec Lot Portion or any part thereof, (mxiii) the condition or use of the Property or the Rec Lot Portion or compliance of the Property or the Rec Lot Portion with any or all past, present or future federal, state or local ordinances, rules, regulations or laws, building, fire or zoning ordinances, codes or other similar laws, (nxiv) the existence or non-existence of underground storage tanks, surface impoundments, or landfills, (o) any other matter affecting the stability and integrity of the Property, (p) the potential for further development of the Property, (qxv) the merchantability of the Property or the Rec Lot Portion or fitness of the Property or the Rec Lot Portion for any particular purpose, (rxvi) the truth, accuracy or completeness of the Property Documents, (sxvii) tax consequences, or (txviii) any other matter or thing with respect to the PropertyProperty or the Rec Lot Portion.
Appears in 1 contract
Disclaimers By Seller. Except as expressly set forth in this AgreementAgreement or in any of the conveyance documents executed by Seller and delivered to Purchaser at Closing, it is understood and agreed that Seller and Seller’s 's agents or employees have not at any time made and are not now making, and they specifically disclaim, any warranties, representations or guaranties of any kind or character, express or implied, with respect to the Property, including, but not limited to, warranties, representations or guaranties as to (a) matters of title (other than Seller’s 's special warranty of title to be contained in the Deed), (b) environmental matters relating to the Property or any portion thereof, including, without limitation, the presence of Hazardous Materials in, on, under or in the vicinity of the Property, (c) geological conditions, including, without limitation, subsidence, subsurface conditions, water table, underground water reservoirs, limitations regarding the withdrawal of water, and geologic faults and the resulting damage of past and/or future faulting, (d) whether, and to the extent to which the Property or any portion thereof is affected by any stream (surface or underground), body of water, wetlands, flood prone area, flood plain, floodway or special flood hazard, (e) drainage, (f) soil conditions, including the existence of instability, past soil repairs, soil additions or conditions of soil fill, or susceptibility to landslides, or the sufficiency of any undershoring, (g) the presence of endangered species or any environmentally sensitive or protected areas, (h) zoning or building entitlements to which the Property or any portion thereof may be subject, (i) the availability of any utilities to the Property or any portion thereof including, without limitation, water, sewage, gas and electric, (j) usages of adjoining property, (k) access to the Property or any portion thereof, (l) the value, compliance with the plans and specifications, size, location, age, use, design, quality, description, suitability, structural integrity, operation, title to, or physical or financial condition of the Property or any portion thereof, or any income, expenses, charges, liens, encumbrances, rights or claims on or affecting or pertaining to the Property or any part thereof, (m) the condition or use of the Property or compliance of the Property with any or all past, present or future federal, state or local ordinances, rules, regulations or laws, building, fire or zoning ordinances, codes or other similar laws, (n) the existence or non-existence of underground storage tanks, surface impoundments, or landfills, (o) any other matter affecting the stability and integrity of the Property, (p) the potential for further development of the Property, (q) the merchantability of the Property or fitness of the Property for any particular purpose, (r) the truth, accuracy or completeness of the Property Documents, (s) tax consequences, or (t) any other matter or thing with respect to the Property.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Bluerock Residential Growth REIT, Inc.)
Disclaimers By Seller. Except as expressly set forth in this Agreement, it is understood and agreed that Seller and Seller’s agents or employees have not at any time made and are not now making, and they specifically disclaim, any warranties, representations or guaranties of any kind or character, express or implied, with respect to the Property, including, but not limited to, warranties, representations or guaranties as to (a) matters of title (other than Seller’s special warranty of title to be contained in the Deed), (b) environmental matters relating to the Property or any portion thereof, including, without limitation, the presence of Hazardous Materials in, on, under or in the vicinity of the Property, (c) geological conditions, including, without limitation, subsidence, subsurface conditions, water table, underground water reservoirs, limitations regarding the withdrawal of water, and geologic faults and the resulting damage of past and/or future faulting, (d) whether, and to the extent to which the Property or any portion thereof is affected by any stream (surface or underground), body of water, wetlands, flood prone area, flood plain, floodway or special flood hazard, (e) drainage, (f) soil conditions, including the existence of instability, past soil repairs, soil additions or conditions of soil fill, or susceptibility to landslides, or the sufficiency of any undershoring, (g) the presence of endangered species or any environmentally sensitive or protected areas, (h) zoning or building entitlements to which the Property or any portion thereof may be subject, (i) the availability of any utilities to the Property or any portion thereof including, without limitation, water, sewage, gas and electric, (j) usages of adjoining property, (k) access to the Property or any portion thereof, (l) the value, compliance with the plans and specifications, size, location, age, use, design, quality, description, suitability, structural integrity, operation, title to, or physical or financial condition of the Property or any portion thereof, or any income, expenses, charges, liens, encumbrances, rights or claims on or affecting or pertaining to the Property or any part thereof, (m) the condition or use of the Property or compliance of the Property with any or all past, present or future federal, state or local ordinances, rules, regulations or laws, building, fire or zoning ordinances, codes or other similar laws, (n) the existence or non-existence of underground storage tanks, surface impoundments, or landfills, (o) any other matter affecting the stability and integrity of the Property, (p) the potential for further development of the Property, (q) the merchantability of the Property or fitness of the Property for any particular purpose, (r) the truth, accuracy or completeness of the Property DocumentsInformation, (s) tax consequences, or (t) any other matter or thing with respect to the Property.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Behringer Harvard Opportunity REIT I, Inc.)
Disclaimers By Seller. Except as expressly set forth in this --------------------- Agreement, it is understood and agreed that Seller and Seller’s agents or employees have has not at any time made and are is not now making, and they Seller specifically disclaimdisclaims, any warranties, warranties or representations or guaranties of any kind or character, express or implied, with respect to the Property, including, but not limited to, warranties, warranties or representations or guaranties as to (ai) matters of title (other than Seller’s special 's warranty of title set forth in the Deed to be contained in the Deeddelivered at Closing), (bii) environmental matters relating to the Property or any portion thereof, including, without limitation, the presence of Hazardous Materials Substances in, on, under or in the vicinity of the Property, (ciii) geological conditions, including, without limitation, subsidence, subsurface conditions, water table, underground water reservoirs, limitations regarding the withdrawal of water, water and geologic earthquake faults and the resulting damage of past and/or future faultingearthquakes, (div) whether, and to the extent to which the Property or any portion thereof is affected by any stream (surface or underground), body of water, wetlands, flood prone area, flood plain, floodway or special flood hazard, (ev) drainage, (fvi) soil conditions, including the existence of instability, past soil repairs, soil additions or conditions of soil fill, or susceptibility to landslides, or the sufficiency of any undershoring, (g) the presence of endangered species or any environmentally sensitive or protected areas, (hvii) zoning or building entitlements to which the Real Property or any portion thereof may be subject, (iviii) the availability of any utilities to the Real Property or any portion thereof including, without limitation, water, sewage, gas and electric, or the availability of parking to the Real Property, (jix) usages of adjoining property, (kx) access to the Real Property or any portion thereof, including, but not limited to, (lxi) the value, compliance with the plans and specifications, size, location, age, use, design, quality, description, suitability, structural integrity, operation, title to, or physical or financial condition of the Property or any portion thereof, or any income, expenses, charges, liens, encumbrances, rights or claims on or affecting or pertaining to the Property or any part thereof, (mxii) the condition or use of the Property or compliance of the Property with any or all past, present or future federal, state or local ordinances, rules, regulations or laws, building, fire or zoning ordinances, codes or other similar laws, (nxiii) the existence or non-existence of underground storage tanks, surface impoundments, or landfills, (o) any other matter affecting the stability and integrity of the Property, (p) the potential for further development of the Property, (qxiv) the merchantability of the Property or fitness of the Property for any particular purpose, (rxv) the truth, truth or accuracy or completeness of the Property Documents, content of any of the Due Diligence Items or Additional Due Diligence Items (sxvi) tax consequences, or (txvii) any other matter or thing with respect to the Property.
Appears in 1 contract
Samples: Purchase Agreement (T Reit Inc)
Disclaimers By Seller. A. Except as expressly set forth in this Agreement, or in the Deed, it is understood and agreed that neither Seller and nor Seller’s agents agents, employees or employees representatives have not at any time made and are not now making, and they specifically disclaim, any warranties, representations or guaranties of any kind or character, express or implied, with respect to the Property, including, but not limited to, warranties, representations or guaranties as to (a) matters of title (other than Seller’s special limited warranty of title to be contained in the Deed), (b) environmental matters relating to the Property Property, the Land and Improvements or any portion thereof, including, without limitation, the presence of “Hazardous Materials Materials” (as defined below) in, on, under or in the vicinity of the PropertyLand and Improvements, (c) geological conditions, including, without limitation, subsidence, subsurface conditions, water table, underground water reservoirs, limitations regarding the withdrawal of water, and geologic faults and the resulting damage of past and/or future faulting, (d) whether, and to the extent to which which, the Property Land or Improvements or any portion thereof is affected by any stream (surface or underground), body of water, wetlands, flood prone area, flood plain, floodway or special flood hazard, (e) drainage, (f) soil conditions, including the existence of instability, past soil repairs, soil additions or conditions of soil fill, or susceptibility to landslides, or the sufficiency of any undershoring, (g) the presence of endangered species or any environmentally sensitive or protected areas, (h) zoning or building entitlements to which the Property Land or Improvements or any portion thereof may be subject, (i) the availability of any utilities to the Property Land or Improvements or any portion thereof including, without limitation, water, sewage, gas and electric, (j) usages of adjoining property, (k) access to the Property Land or Improvements or any portion thereof, (l) the value, compliance with the plans and specifications, size, location, age, use, design, quality, description, suitability, structural integrity, operation, title to, or physical or financial condition of the Property Land or Improvements or any portion thereof, or any income, expenses, charges, liens, encumbrances, rights or claims on or affecting or pertaining to the Property Property, the Land or Improvements or any part thereof, (m) the condition or use of the Property Land or Improvements or compliance of the Property Land or the Improvements with any or all past, present or future federal, state or local ordinances, rules, regulations or laws, building, fire or zoning ordinances, codes or other similar laws, (n) the existence or non-existence of underground storage tanks, surface impoundments, or landfills, (o) any other matter affecting the stability and integrity of the PropertyLand or Improvements, (p) the potential for further development of the PropertyLand or Improvements, (q) the merchantability of the Property Property, the Land or the Improvements or fitness of the Property Property, the Land or the Improvements for any particular purpose, (r) the truth, accuracy accuracy, or completeness of the Property DocumentsDue Diligence Items not prepared by Seller, (s) tax consequences, or (t) any other matter or thing with respect to the Propertyintentionally deleted.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Strategic Storage Growth Trust, Inc.)
Disclaimers By Seller. Except as expressly set forth in this Agreement, it is understood and agreed that no Seller and Seller’s agents or employees have not has at any time made and are is not now making, and they it specifically disclaimdisclaims, any warranties, warranties or representations or guaranties of any kind or character, express or implied, with respect to the Property, including, but not limited to, warranties, warranties or representations or guaranties as to (ai) matters of title title; (other than Seller’s special warranty of title to be contained in the Deed), (bii) environmental matters relating to the Property or any portion thereof, including, without limitation, the presence of Hazardous Materials in, on, under or in the vicinity of the Property, (ciii) geological conditions, including, without limitation, subsidence, subsurface conditions, water table, underground water reservoirs, limitations regarding the withdrawal of water, and geologic faults and the resulting damage of past and/or future faulting, (div) whether, and to the extent to which the Property or any portion thereof is affected by any stream (surface or underground), body of water, wetlands, flood prone area, flood plain, floodway or special flood hazard, (ev) drainage, (fvi) soil conditions, including the existence of instability, past soil repairs, soil additions or conditions of soil fill, or susceptibility to landslides, or the sufficiency of any undershoring, (gvii) the presence of endangered species or any environmentally sensitive or protected areas, (hviii) zoning or building entitlements to which the Property or any portion thereof may be subject, (iix) the availability of any utilities to the Property or any portion thereof including, without limitation, water, sewage, gas and electric, (jx) usages of adjoining property, (kxi) access to the Property or any portion thereof, (lxii) the value, compliance with the plans and specifications, size, location, age, use, design, quality, description, suitability, structural integrity, operation, title to, or physical or financial condition of the Property or any portion thereof, or any income, expenses, charges, liens, encumbrances, rights or claims on or affecting or pertaining to the Property or any part thereof, (mxiii) the condition or use of the Property or compliance of the Property with any or all past, present or future federal, state or local ordinances, rules, regulations or laws, building, fire or zoning ordinances, codes or other similar laws, (nxiv) the existence or non-existence of underground storage tanks, surface impoundments, or landfills, (o) any other matter affecting the stability and integrity of the Property, (p) the potential for further development of the Property, (qxv) the merchantability of the Property or fitness of the Property for any particular purpose, (rxvi) the truth, accuracy or completeness of the Property Documents, (sxvii) tax consequences, or (txviii) any other matter or thing with respect to the Property.
Appears in 1 contract
Samples: Agreement of Purchase and Sale (Preferred Apartment Communities Inc)
Disclaimers By Seller. Except as expressly set forth in this AgreementAgreement or in any document executed by Seller and delivered to Purchaser at Closing, it is understood and agreed that Seller and Seller’s agents or employees have not at any time made and are not now makingmade, and they specifically disclaim, any warranties, representations or guaranties of any kind or character, express or implied, with respect to the Property, including, but not limited to, warranties, representations or guaranties as to (a) matters of title (other than Seller’s special warranty of title to be contained in the Deed), (b) environmental matters relating to the Property or any portion thereof, including, without limitation, the presence of Hazardous Materials in, on, under or in the vicinity of the Property, (c) geological conditions, including, without limitation, subsidence, subsurface conditions, water table, underground water reservoirs, limitations regarding the withdrawal of water, and geologic faults and the resulting damage of past and/or future faulting, (d) whether, and to the extent to which the Property or any portion thereof is affected by any stream (surface or underground), body of water, wetlands, flood prone area, flood plain, floodway or special flood hazard, (e) drainage, (f) soil conditions, including the existence of instability, past soil repairs, soil additions or conditions of soil fill, or susceptibility to landslides, or the sufficiency of any undershoring, (g) the presence of endangered species or any environmentally sensitive or protected areas, (h) zoning or building entitlements to which the Property or any portion thereof may be subject, (i) the availability of any utilities to the Property or any portion thereof including, without limitation, water, sewage, gas and electric, (j0) usages of adjoining property, (k) access to the Property or any portion thereof, (l1) the value, compliance with the plans and specifications, size, location, age, use, design, quality, description, suitability, structural integrity, operation, title to, or physical or financial condition of the Property or any portion thereof, or any income, expenses, charges, liens, encumbrances, rights or claims on or affecting or pertaining to the Property or any part thereof, (m) the condition or use of the Property or compliance of the Property with any or all past, present or future federal, state or local ordinances, rules, regulations or laws, building, fire or zoning ordinances, codes or other similar laws, (n) the existence or non-existence of underground storage tanks, surface impoundments, or landfills, (o) any other matter affecting the stability and integrity of the Property, (p) the potential for further development of the Property, (q) the merchantability of the Property or fitness of the Property for any particular purpose, (r) the truth, accuracy or completeness of the Property Documents, (s) tax consequences, or (t) any other matter or thing with respect to the Property.
Appears in 1 contract
Disclaimers By Seller. (a) Except as expressly set forth in this Agreement, it is understood and agreed that Seller and Seller’s agents or employees Asset Manager have not at any time made and are not now making, and they specifically disclaim, any warranties, warranties or representations or guaranties of any kind or character, express or implied, with respect to the Property, including, but not limited to, warranties, warranties or representations or guaranties as to (ai) matters of title (other than Seller’s special warranty of title to be contained in the Deed)title, (bii) environmental matters relating to the Property or any portion thereof, including, without limitation, the presence of Hazardous Materials in, on, under or in the vicinity of the Property, (ciii) geological conditions, including, without limitation, subsidence, subsurface conditions, water table, underground water reservoirs, limitations regarding the withdrawal of water, and geologic faults and the resulting damage of past and/or future faulting, (div) whether, and to the extent to which the Property or any portion thereof is affected by any stream (surface or underground), body of water, wetlands, flood prone area, flood plain, floodway or special flood hazard, (ev) drainage, (fvi) soil conditions, including the existence of instability, past soil repairs, soil additions or conditions of soil fill, or susceptibility to landslides, or the sufficiency of any undershoring, (gvii) the presence of endangered species or any environmentally sensitive or protected areas, (hviii) zoning or building entitlements to which the Property or any portion thereof may be subject, (iix) the availability of any utilities to the Property or any portion thereof including, without limitation, water, sewage, gas and electric, (jx) usages of adjoining property, (kxi) access to the Property or any portion thereof, (lxii) the value, compliance with the plans and specifications, size, location, age, use, design, quality, description, suitability, structural integrity, operation, title to, or physical or financial condition of the Property or any portion thereof, or any income, expenses, charges, liens, encumbrances, rights or claims on or affecting or pertaining to the Property or any part thereof, (mxiii) the condition or use of the Property or compliance of the Property with any or all past, present or future federal, state or local ordinances, rules, regulations or laws, building, fire or zoning ordinances, codes or other similar laws, (nxiv) the existence or non-existence of underground storage tanks, surface impoundments, or landfills, (o) any other matter affecting the stability and integrity of the Property, (p) the potential for further development of the Property, (qxv) the merchantability of the Property or fitness of the Property for any particular purpose, (rxvi) the truth, accuracy or completeness of the Property DocumentsInformation, (sxvii) tax consequences, or (txviii) any other matter or thing with respect to the Property.
Appears in 1 contract
Samples: Agreement of Purchase and Sale (American Industrial Properties Reit Inc)
Disclaimers By Seller. Except as expressly set forth in this Agreement, it is understood and agreed that Seller and Seller’s agents or employees have has not at any time made and are is not now making, and they Seller specifically disclaimdisclaims, any warranties, warranties or representations or guaranties of any kind or character, express or implied, with respect to the PropertyProperties, including, but not limited to, warranties, warranties or representations or guaranties as to (a) matters of title (other than Seller’s special warranty of title to be contained in the Deed)title, (b) environmental matters relating to the Property Properties or any portion thereof, including, without limitation, the presence of Hazardous Materials in, on, under or in the vicinity of the PropertyProperties, (c) geological conditions, including, without limitation, subsidence, subsurface conditions, water table, underground water reservoirs, limitations regarding the withdrawal of water, and geologic faults and the resulting damage of past and/or future faulting, (d) whether, and to the extent to which the Property Properties or any portion thereof is affected by any stream (surface or underground), body of water, wetlands, flood prone area, flood plain, floodway or special flood hazard, (e) drainage, (f) soil conditions, including the existence of instability, past soil repairs, soil additions or conditions of soil fill, or susceptibility to landslides, or the sufficiency of any undershoring, (g) the presence of endangered species or any environmentally sensitive or protected areas, (h) zoning or building entitlements to which the Property Properties or any portion thereof may be subject, (i) the availability of any utilities to the Property Properties or any portion thereof including, without limitation, water, sewage, gas and electric, (j) usages of adjoining property, (k) access to the Property Properties or any portion thereof, (l) the value, compliance with the plans and specifications, size, location, age, use, design, quality, description, suitability, structural integrity, operation, title to, or physical or financial condition of the Property Properties or any portion thereof, or any income, expenses, charges, liens, encumbrances, rights or claims on or affecting or pertaining to the Property Properties or any part thereof, (m) the condition or use of the Property Properties or compliance of the Property Properties with any or all past, present or future federal, state or local ordinances, rules, regulations or lawsLaw, building, fire or zoning ordinances, codes or other similar lawsLaws, (n) the existence or non-existence of underground storage tanks, surface impoundments, or landfills, (o) any other matter affecting the stability and integrity of the Property, (p) the potential for further development of the Property, (q) the merchantability of the Property Properties or fitness of the Property Properties for any particular purpose, (rp) the truth, accuracy or completeness of the Property Documents, (sq) tax consequences, or (tr) any other matter or thing with respect to the PropertyProperties.
Appears in 1 contract
Samples: Agreement of Purchase and Sale (Plymouth Industrial REIT Inc.)
Disclaimers By Seller. Except as expressly set forth for those representations and warranties in Section 9.1 of this AgreementAgreement and the warranty of title contained in the Deed, it is understood and agreed that Seller and Seller’s agents or employees Asset Manager have not at any time made and are not now making, and they specifically disclaim, any warranties, warranties or representations or guaranties of any kind or character, express or implied, with respect to the PropertyProperty (except as set forth m Section 9.1 hereof), including, but not limited to, warranties, warranties or representations or guaranties as to (ai) matters of title (other than Seller’s special warranty of title to be contained in the Deed)title, (bii) environmental matters relating to the Property or any portion thereof, including, without limitation, the presence of Hazardous Materials in, on, under or in the vicinity of the Property, (ciii) geological conditions, including, without limitation, subsidence, subsurface conditions, water table, underground water reservoirs, limitations regarding the withdrawal of water, and geologic faults and the resulting damage of past and/or future faulting, (div) whether, and to the extent to which the Property or any portion thereof is affected by any stream (surface or underground), body of water, wetlands, flood prone area, flood plain, floodway Roadway or special flood hazard, (ev) drainage, (fvi) soil conditions, including the existence of instability, past soil repairs, soil additions or conditions of soil fill, or susceptibility to landslides, or the sufficiency of any undershoring, (gvii) the presence of endangered species or any environmentally sensitive or protected areas, (hviii) zoning or building entitlements to which the Property or any portion thereof may be subject, (iix) the availability of any utilities to the Property or any portion thereof including, without limitation, water, sewage, gas and electric, (jx) usages of adjoining property, (kxi) access to the Property or any portion thereof, (lxii) the value, compliance with the plans and specifications, size, location, age, use, design, quality, description, suitability, structural integrity, operation, title to, or physical or financial condition of the Property or any portion thereof, or any income, expenses, charges, liens, encumbrances, rights or claims on or affecting or pertaining to the Property or any part thereof, (mxiii) the condition or use of the Property or compliance of the Property with any or all past, present or future federal, state or local ordinances, rules, regulations or laws, building, fire or zoning ordinances, codes or other similar laws, (nxiv) the existence or non-existence of underground storage tanks, surface impoundments, or landfills, (o) any other matter affecting the stability and integrity of the Property, (p) the potential for further development of the Property, (qxv) the merchantability of the Property or fitness of the Property for any particular purpose, (rxvi) the truth, accuracy or completeness of the Property Documents, (sxvii) tax consequences, or (txviii) any other matter or thing with respect to the Property.
Appears in 1 contract
Samples: Agreement of Purchase and Sale (Wells Mid-Horizon Value-Added Fund I LLC)
Disclaimers By Seller. Except as expressly set forth in this AgreementAgreement or in documents executed at Closing, it is understood and agreed that Seller and Seller’s agents or employees have not at any time made and are not now making, and they specifically disclaim, any warranties, representations or guaranties of any kind or character, express or implied, with respect to the Property, including, but not limited to, warranties, representations or guaranties as to (a) matters of title (other than Seller’s special warranty of title to be contained in the Deed), (b) environmental matters relating to the Property or any portion thereof, including, without limitation, the presence of Hazardous Materials in, on, under or in the vicinity of the Property, (c) geological conditions, including, without limitation, subsidence, subsurface conditions, water table, underground water reservoirs, limitations regarding the withdrawal of water, and geologic faults and the resulting damage of past and/or future faulting, (d) whether, and to the extent to which the Property or any portion thereof is affected by any stream (surface or underground), body of water, wetlands, flood prone area, flood plain, floodway or special flood hazard, (e) drainage, (f) soil conditions, including the existence of instability, past soil repairs, soil additions or conditions of soil fill, or susceptibility to landslides, or the sufficiency of any undershoring, (g) the presence of endangered species or any environmentally sensitive or protected areas, (h) zoning or building entitlements to which the Property or any portion thereof may be subject, (i) the availability of any utilities to the Property or any portion thereof including, without limitation, water, sewage, gas and electric, (j) usages of adjoining property, (k) access to the Property or any portion thereof, (l) the value, compliance with the plans and specifications, size, location, age, use, design, quality, description, suitability, structural integrity, operation, title to, or physical or financial condition of the Property or any portion thereof, or any income, expenses, charges, liens, encumbrances, rights or claims on or affecting or pertaining to the Property or any part thereof, (m) the condition or use of the Property or compliance of the Property with any or all past, present or future federal, state or local ordinances, rules, regulations or laws, building, fire or zoning ordinances, codes or other similar laws, (n) the existence or non-existence of underground storage tanks, surface impoundments, or landfills, (o) any other matter affecting the stability and integrity of the Property, (p) the potential for further development of the Property, (q) the merchantability of the Property or fitness of the Property for any particular purpose, (r) the truth, accuracy or completeness of the Property Documents, (s) tax consequences, or (t) any other matter or thing with respect to the Property.
Appears in 1 contract
Samples: Purchase and Sale Agreement (TNP Strategic Retail Trust, Inc.)
Disclaimers By Seller. Except as expressly set forth in this AgreementAgreement and any document executed by Seller and delivered to Purchaser at Closing, it is understood and agreed that Seller and Seller’s agents or employees Asset Manager have not at any time made and are not now making, and they specifically disclaim, any warranties, warranties or representations or guaranties of any kind or character, express or implied, with respect to the Property, including, but not limited to, warranties, warranties or representations or guaranties as to (ai) matters of title (other than Seller’s special warranty of title to be contained in the Deed)title, (bii) environmental matters relating to the Property or any portion thereof, including, without limitation, the presence of Hazardous Materials in, on, under or in the vicinity of the Property, (ciii) geological conditions, including, without limitation, subsidence, subsurface conditions, water table, underground water reservoirs, limitations regarding the withdrawal of water, and geologic faults and the resulting damage of past and/or future faulting, (div) whether, and to the extent to which the Property or any portion thereof is affected by any stream (surface or underground), body of water, wetlands, flood prone area, flood plain, floodway or special flood hazard, (ev) drainage, (fvi) soil conditions, including the existence of instability, past soil repairs, soil additions or conditions of soil fill, or susceptibility to landslides, or the sufficiency of any undershoringunderscoring, (gvii) the presence of endangered species or any environmentally sensitive or protected areas, (hviii) zoning or building entitlements to which the Property or any portion thereof may be subject, (iix) the availability of any utilities to the Property or any portion thereof including, without limitation, water, sewage, gas and electric, (jx) usages of adjoining property, (kxi) access to the Property or any portion thereof, (lxii) the value, compliance with the plans and specifications, size, location, age, use, design, quality, description, suitability, structural integrity, operation, title to, or physical or financial condition of the Property or any portion thereof, or any income, expenses, charges, liens, encumbrances, rights or claims on or affecting or pertaining to the Property or any part thereof, (mxiii) the condition or use of the Property or compliance of the Property with any or all past, present or future federal, state or local ordinances, rules, regulations or laws, building, fire or zoning ordinances, codes or other similar laws, (nxiv) the existence or non-existence of underground storage tanks, surface impoundments, or landfills, (o) any other matter affecting the stability and integrity of the Property, (p) the potential for further development of the Property, (qxv) the merchantability of the Property or fitness of the Property for any particular purpose, (rxvi) the truth, accuracy or completeness of the Property Documents, (sxvii) tax consequences, or (txviii) any other matter or thing with respect to the Property.
Appears in 1 contract
Samples: Agreement of Purchase and Sale (Amerivest Properties Inc)
Disclaimers By Seller. Except as expressly set forth in this Agreement, it is understood and agreed that Seller and Seller’s agents or employees have has not at any time made and are is not now making, and they it specifically disclaimdisclaims, any warranties, warranties or representations or guaranties of any kind or character, express or implied, with respect to the Property, including, but not limited to, warrantieswarranties or representations, representations or guaranties as to (ai) matters of title (other than Seller’s special warranty of title to be contained in the Deed)title, (bii) environmental matters relating to the Property or any portion thereof, including, without limitation, the presence of Hazardous Materials in, on, under or in the vicinity of the Property, (ciii) geological conditions, including, without limitation, subsidence, subsurface conditions, water table, underground water reservoirs, limitations regarding the withdrawal of water, and geologic faults and the resulting damage of past and/or future faulting, (div) whether, and to the extent to which the Property or any portion thereof is affected by any stream (surface or underground), body of water, wetlands, flood prone area, flood plain, floodway or special flood hazard, (ev) drainage, (fvi) soil conditions, including the existence of instability, past soil repairs, soil additions or conditions of soil fill, or susceptibility to landslides, or the sufficiency of any undershoring, (gvii) the presence of endangered species or any environmentally sensitive or protected areas, (hviii) zoning or building entitlements to which the Property or any portion thereof may be subject, (iix) the availability of any utilities to the Property or any portion thereof including, without limitation, water, sewage, gas and electric, (jx) usages of adjoining property, (kxi) access to the Property or any portion thereof, (lxii) the value, compliance with the plans and specifications, size, location, age, use, design, quality, description, suitability, structural integrity, operation, title to, or physical or financial condition of the Property or any portion thereof, or any income, expenses, charges, liens, encumbrances, rights or claims on or affecting or pertaining to the Property or any part thereof, (mxiii) the condition or use of the Property or compliance of the Property with any or all past, present or future federal, state or local ordinances, rules, regulations or laws, building, fire or zoning ordinances, codes or other similar laws, (nxiv) the existence or non-existence of underground storage tanks, surface impoundments, or landfills, (o) any other matter affecting the stability and integrity of the Property, (p) the potential for further development of the Property, (qxv) the merchantability of the Property or fitness of the Property for any particular purpose, (rxvi) the truth, accuracy or completeness of the Property Documents, (sxvii) tax consequences, or (txviii) any other matter or thing with respect to the Property.
Appears in 1 contract
Disclaimers By Seller. Except as expressly set forth in this Agreement, it is understood and agreed that Seller and Seller’s 's agents or employees have not at any time made and are not now making, and they specifically disclaim, any warranties, representations or guaranties of any kind or character, express or implied, with respect to the Property, including, but not limited to, warranties, representations or guaranties as to (a) matters of title (other than Seller’s special 's limited warranty of title to be contained in the DeedGround Lease Assignment, if any), (b) environmental matters relating to the Property or any portion thereof, including, without limitation, the presence of Hazardous Materials in, on, under or in the vicinity of the Property, (c) geological conditions, including, without limitation, subsidence, subsurface conditions, water table, underground water reservoirs, limitations regarding the withdrawal of water, and geologic faults and the resulting damage of past and/or future faulting, (d) whether, and to the extent to which the Property or any portion thereof is affected by any stream (surface or underground), body of water, wetlands, flood prone area, flood plain, floodway or special flood hazard, (e) drainage, (f) soil conditions, including the existence of instability, past soil repairs, soil additions or conditions of soil fill, or susceptibility to landslides, or the sufficiency of any undershoring, (g) the presence of endangered species or any environmentally sensitive or protected areas, (h) zoning or building entitlements to which the Property or any portion thereof may be subject, (i) the availability of any utilities to the Property or any portion thereof including, without limitation, water, sewage, gas and electric, (j) usages of adjoining property, (k) access to the Property or any portion thereof, (l) the value, compliance with the plans and specifications, size, location, age, use, design, quality, description, suitability, structural integrity, operation, title to, or physical or financial condition of the Property or any portion thereof, or any income, expenses, charges, liens, encumbrances, rights or claims on or affecting or pertaining to the Property or any part thereof, (m) the condition or use of the Property or compliance of the Property with any or all past, present or future federal, state or local ordinances, rules, regulations or laws, building, fire or zoning ordinances, codes or other similar laws, (n) the existence or non-existence of underground storage tanks, surface impoundments, or landfills, (o) any other matter affecting the stability and integrity of the Property, (p) the potential for further development of the Property, (q) the merchantability of the Property or fitness of the Property for any particular purpose, (r) the truth, accuracy or completeness of the Property Documents, (s) tax consequences, or (t) any other matter or thing with respect to the Property.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Berkshire Income Realty, Inc.)
Disclaimers By Seller. Except as expressly set forth in this AgreementAgreement and any document executed by Seller and delivered to Purchaser at Closing, it is understood and agreed that Seller and Seller’s agents or employees have not at any time made and are not now making, and they specifically disclaim, any warranties, representations or guaranties of any kind or character, express or implied, with respect to the Property, including, but not limited to, warranties, representations or guaranties as to (a) matters of title (other than Seller’s special warranty of title to be contained in the Deed), (b) environmental matters relating to the Property or any portion thereof, including, without limitation, the presence of Hazardous Materials in, on, under or in the vicinity of the Property, (c) geological conditions, including, without limitation, subsidence, subsurface conditions, water table, underground water reservoirs, limitations regarding the withdrawal of water, and geologic faults and the resulting damage of past and/or future faulting, (d) whether, and to the extent to which the Property or any portion thereof is affected by any stream (surface or underground), body of water, wetlands, flood prone area, flood plain, floodway or special flood hazard, (e) drainage, (f) soil conditions, including the existence of instability, past soil repairs, soil additions or conditions of soil fill, or susceptibility to landslides, or the sufficiency of any undershoring, (g) the presence of endangered species or any environmentally sensitive or protected areas, (h) zoning or building entitlements to which the Property or any portion thereof may be subject, (i) the availability of any utilities to the Property or any portion thereof including, without limitation, water, sewage, gas and electric, (j) usages of adjoining property, (k) access to the Property or any portion thereof, (l) the value, compliance with the plans and specifications, size, location, age, use, design, quality, description, suitability, structural integrity, operation, title to, or physical or financial condition of the Property or any portion thereof, or any income, expenses, charges, liens, encumbrances, rights or claims on or affecting or pertaining to the Property or any part thereof, (m) the condition or use of the Property or compliance of the Property with any or all past, present or future federal, state or local ordinances, rules, regulations or laws, building, fire or zoning ordinances, codes or other similar laws, (n) the existence or non-existence of underground storage tanks, surface impoundments, or landfills, (o) any other matter affecting the stability and integrity of the Property, (p) the potential for further development of the Property, (q) the merchantability of the Property or fitness of the Property for any particular purpose, (r) the truth, accuracy or completeness of the Property Documents, (s) tax consequences, or (t) any other matter or thing with respect to the Property.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Asbury Automotive Group Inc)
Disclaimers By Seller. Except as expressly set forth in this AgreementAgreement and/or the Closing documents, it is understood and agreed that Seller and the Subsidiary and Seller’s and the Subsidiary’s agents or employees have not at any time made and are not now making, and they specifically disclaim, any warranties, representations or guaranties of any kind or character, express or implied, with respect to the Partnership Interests, the Property, including, but not limited to, warranties, representations or guaranties as to (a) matters of title (other than Seller’s special warranty of title to be contained in the Deed)title, (b) environmental matters relating to the Property or any portion thereof, including, without limitation, the presence of Hazardous Materials in, on, under or in the vicinity of the Property, (c) geological conditions, including, without limitation, subsidence, subsurface conditions, water table, underground water reservoirs, limitations regarding the withdrawal of water, and geologic faults and the resulting damage of past and/or future faulting, (d) whether, and to the extent to which the Property or any portion thereof is affected by any stream (surface or underground), body of water, wetlands, flood prone area, flood plain, floodway or special flood hazard, (e) drainage, (f) soil conditions, including the existence of instability, past soil repairs, soil additions or conditions of soil fill, or susceptibility to landslides, or the sufficiency of any undershoring, (g) the presence of endangered species or any environmentally sensitive or protected areas, (h) zoning or building entitlements to which the Property or any portion thereof may be subject, (i) the availability of any utilities to the Property or any portion thereof thereof, including, without limitation, water, sewage, gas and electric, (j) usages of adjoining property, (k) access to the Property or any portion thereof, (l) the value, compliance with the plans and specifications, size, location, age, use, design, quality, description, suitability, structural integrity, operation, title to, or physical or financial condition of the Property or any portion thereof, or any income, expenses, charges, liens, encumbrances, rights or claims on or affecting or pertaining to the Property or any part thereof, (m) the condition or use of the Property or compliance of the Property with any or all past, present or future federal, state or local ordinances, rules, regulations or laws, building, fire or zoning ordinances, codes or other similar laws, (n) the existence or non-existence of underground storage tanks, surface impoundments, or landfills, (o) any other matter affecting the stability and integrity of the Property, (p) the potential for further development of the Property, (q) the merchantability of the Property or fitness of the Property for any particular purpose, (r) the truth, accuracy or completeness of the Property DocumentsDocuments or Updated Property Information, (s) tax consequences, or (t) any other matter or thing with respect to the Property.
Appears in 1 contract
Samples: Partnership Interests Purchase and Sale Agreement (Dividend Capital Total Realty Trust Inc.)
Disclaimers By Seller. Except as expressly set forth in this Agreement, it is understood and agreed that Seller and Seller’s agents or employees Asset Manager have not at any time made and are not now making, and they specifically disclaim, any warranties, warranties or representations or guaranties of any kind or character, express or implied, with respect to the Property, including, but not limited to, warranties, warranties or representations or guaranties as to (ai) matters of title (other than Seller’s special warranty of title to be contained in the Deed)title, (bii) environmental matters relating to the Property or any portion thereof, including, without limitation, the presence of Hazardous Materials in, on, under or in the vicinity of the Property, (ciii) geological conditions, including, without limitation, subsidence, subsurface conditions, water table, underground water reservoirs, limitations regarding the withdrawal of water, and geologic faults and the resulting damage of past and/or future faulting, (div) whether, and to the extent to which the Property or any portion thereof is affected by any stream (surface or underground), body of water, wetlands, flood prone area, flood plain, floodway or special flood hazard, (ev) drainage, (fvi) soil conditions, including the existence of instability, past soil repairs, soil additions or conditions of soil fill, or susceptibility to landslides, or the sufficiency of any undershoring, (gvii) the presence of endangered species or any environmentally sensitive or protected areas, (hviii) zoning or building entitlements to which the Property or any portion thereof may be subject, (iix) the availability of any utilities to the Property or any portion thereof including, without limitation, water, sewage, gas and electric, (jx) usages of adjoining property, (kxi) access to the Property or any portion thereof, (lxii) the value, compliance with the plans and specifications, size, location, age, use, design, quality, description, suitability, structural integrity, operation, title to, or physical or financial condition of the Property or any portion thereof, or any income, expenses, charges, liens, encumbrances, rights or claims on or affecting or pertaining to the Property or any part thereof, (mxiii) the condition or use of the Property or compliance of the Property with any or all past, present or future federal, state or local ordinances, rules, regulations or laws, building, fire or zoning ordinances, codes or other similar laws, (nxiv) the existence or non-existence of underground storage tanks, surface impoundments, or landfills, (o) any other matter affecting the stability and integrity of the Property, (p) the potential for further development of the Property, (qxv) the merchantability of the Property or fitness of the Property for any particular purpose, (rxvi) the truth, accuracy or completeness of the Property Documents, (sxvii) tax consequences, or (txviii) any other matter or thing with respect to the Property. Agreement of Purchase and Sale - (1111 Durham Ave., S. Plainfield, NJ) - Page 21 ----------------------------------------------------------------------
Appears in 1 contract
Samples: Agreement for Purchase and Sale (Wells Real Estate Investment Trust Inc)
Disclaimers By Seller. Except as expressly set forth in this Agreement, it is understood and agreed that Seller and Seller’s agents or employees have not at any time made and are not now making, and they specifically disclaim, any warranties, representations or guaranties of any kind or character, express or implied, with respect to the Property, including, but not limited to, warranties, representations or guaranties as to (a) matters of title (other than Seller’s special limited warranty of title to be contained in the Deed), (b) environmental matters relating to the Property or any portion thereof, including, without limitation, the presence of Hazardous Materials in, on, under or in the vicinity of the Property, (c) geological conditions, including, without limitation, subsidence, subsurface conditions, water table, underground water reservoirs, limitations regarding the withdrawal of water, and geologic faults and the resulting damage of past and/or future faulting, (d) whether, and to the extent to which the Property or any portion thereof is affected by any stream (surface or underground), body of water, wetlands, flood prone area, flood plain, floodway or special flood hazard, (e) drainage, (f) soil conditions, including the existence of instability, past soil repairs, soil additions or conditions of soil fill, or susceptibility to landslides, or the sufficiency of any undershoring, (g) the presence of endangered species or any environmentally sensitive or protected areas, (h) zoning or building restrictions or entitlements to which the Property or any portion thereof may be subject, (i) the availability of any utilities to the Property or any portion thereof including, without limitation, water, sewage, gas and electric, (j) usages of adjoining property, (k) access to the Property or any portion thereof, (l) the value, compliance with the plans and specifications, size, location, age, use, design, quality, description, suitability, structural integrity, operation, title to, or physical or financial condition of the Property or any portion thereof, or any revenue, income, expenses, charges, liens, encumbrances, rights or claims on or affecting or pertaining to the Property or any part thereof, (m) the condition or use of the Property or compliance of the Property with any or all past, present or future federal, state or local ordinances, rules, regulations or laws, building, fire or zoning ordinances, codes or other similar laws, (n) the existence or non-existence of underground storage tanks, surface impoundments, or landfills, (o) any other matter affecting the stability and integrity of the Property, (p) the potential for further development of the Property, (q) the merchantability of the Property or fitness of the Property for any particular purpose, (r) the truth, accuracy or completeness of the Property Documents, (s) tax consequences, or (t) any other matter or thing with respect to the Property.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Pebblebrook Hotel Trust)
Disclaimers By Seller. Except as expressly set forth in this AgreementAgreement and any document executed by Seller and delivered to Purchaser at Closing, it is understood and agreed that Seller and Seller’s agents or employees have not at any time made and are not now making, and they specifically disclaim, any warranties, representations or guaranties of any kind or character, express or implied, with respect to the Property, including, but not limited to, warranties, representations or guaranties as to (a) matters of title (other than Seller’s special warranty of title to be contained in the Deed), (b) environmental matters relating to the Property or any portion thereof, including, without limitation, the presence of Hazardous Materials in, on, under or in the vicinity of the Property or any fact or condition existing regarding the presence of, testing for, or remediation of, mildew, mold or mold spores on the Property, (c) geological conditions, including, without limitation, subsidence, subsurface conditions, water table, underground water reservoirs, limitations regarding the withdrawal of water, and geologic faults and the resulting damage of past and/or future faulting, (d) whether, and to the extent to which the Property or any portion thereof is affected by any stream (surface or underground), body of water, wetlands, flood prone area, flood plain, floodway or special flood hazard, (e) drainage, (f) soil conditions, including the existence of instability, past soil repairs, soil additions or conditions of soil fill, or susceptibility to landslides, or the sufficiency of any undershoring, (g) the presence of endangered species or any environmentally sensitive or protected areas, (h) zoning or building entitlements to which the Property or any portion thereof may be subject, (i) the availability of any utilities to the Property or any portion thereof including, without limitation, water, sewage, gas and electric, (j) usages of adjoining property, (k) access to the Property or any portion thereof, (l1) the value, compliance with the plans and specifications, size, location, age, use, design, quality, description, suitability, structural integrity, operation, title to, or physical or financial condition of the Property or any portion thereof, or any income, expenses, charges, liens, encumbrances, rights or claims on or affecting or pertaining to the Property or any part thereof, (m) the condition or use of the Property or compliance of the Property with any or all past, present or future federal, state or local ordinances, rules, regulations or laws, building, fire or zoning ordinances, codes or other similar laws, (n) the existence or non-existence of underground storage tanks, surface impoundments, or landfills, (o) any other matter affecting the stability and integrity of the Property, (p) the potential for further development of the Property, (q) the merchantability of the Property or fitness of the Property for any particular purpose, (r) the truth, accuracy or completeness of the Property Documents, (s) tax consequences, or (t) any other matter or thing with respect to the Property.,
Appears in 1 contract
Samples: Purchase and Sale Agreement (Inland American Real Estate Trust, Inc.)
Disclaimers By Seller. Except as expressly set forth in this Agreementthe Seller’s Documents, it is understood and agreed that Seller and Seller’s agents or employees have not at any time made and are not now making, and they specifically disclaim, any warranties, representations or guaranties of any kind or character, express or implied, with respect to the PropertyProperty and Assets, including, but not limited to, warranties, representations or guaranties as to (a) matters of title (other than Seller’s special warranty of title to be contained in the Deed), (b) environmental matters relating to the Property Property, the Assets or any portion thereof, including, without limitation, the presence of Hazardous Materials in, on, under or in the vicinity of the PropertyProperty or Assets, (c) geological conditions, including, without limitation, subsidence, subsurface conditions, water table, underground water reservoirs, limitations regarding the withdrawal of water, and geologic faults and the resulting damage of past and/or future faulting, (d) whether, and to the extent to which the Property or Assets or any portion thereof is affected by any stream (surface or underground), body of water, wetlands, flood prone area, flood plain, floodway or special flood hazard, (e) drainage, (f) soil conditions, including the existence of instability, past soil repairs, soil additions or conditions of soil fill, or susceptibility to landslides, or the sufficiency of any undershoring, (g) the presence of endangered species or any environmentally sensitive or protected areas, (h) zoning or building entitlements to which the Property or any portion thereof may be subject, (i) the availability of any utilities to the Assets or Property or any portion thereof including, without limitation, water, sewage, gas and electric, (j) usages of adjoining property, (k) access to the Assets or Property or any portion thereof, (l) the value, compliance with the plans and specifications, size, location, age, use, design, quality, description, suitability, structural integrity, operation, title to, or physical or financial condition of the Property or any portion thereof, or any income, expenses, charges, liens, encumbrances, rights or claims on or affecting or pertaining to the Assets, Property or any part thereof, (m) the condition or use of the Assets or Property or compliance of the Assets or Property with any or all past, present or future federal, state or local ordinances, rules, regulations or laws, building, fire or zoning ordinances, codes or other similar laws, (n) the existence or non-existence of underground storage tanks, surface impoundments, or landfills, (o) any other matter affecting the stability and structural integrity of the Improvements or Property, (p) the potential for further development of the Assets or Property, (q) the merchantability of the Assets or Property or fitness of the Assets or Property for any particular purpose, (r) the truth, accuracy or completeness of the Property Documentsany Seller Disclosure Materials or portion thereof produced or provided by any party other than Seller, (s) tax consequences, or (t) any other matter or thing with respect to the Assets or Property.
Appears in 1 contract
Samples: Asset Purchase Agreement (CNL Healthcare Properties II, Inc.)
Disclaimers By Seller. Except as expressly set forth in this --------------------- Agreement, it is understood and agreed that Seller and Seller’s agents or employees have has not at any time made and are not now making, and they specifically disclaim, any warranties, warranties or representations or guaranties of any kind or character, express or implied, with respect to the Property, including, but not limited to, warranties, warranties or representations or guaranties as to (ai) matters of title (other than Seller’s special warranty of title to be contained in the Deed)title, (bii) environmental matters relating to the Property or any portion thereof, including, without limitation, the presence of Hazardous Materials in, on, under or in the vicinity of the Property, (ciii) geological conditions, including, without limitation, subsidence, subsurface conditions, water table, underground water reservoirs, limitations regarding the withdrawal of water, and geologic faults and the resulting damage of past and/or future faulting, (dvi) whether, and to the extent to which the Property or any portion thereof is affected by any stream (surface or underground), body of water, wetlands, flood prone area, flood plain, floodway or special flood hazard, (ev) drainage, (fvi) soil conditions, including the existence of instability, past soil repairs, soil additions or conditions of soil fill, or susceptibility to landslides, or the sufficiency of any undershoring, (gvii) the presence of endangered species or any environmentally sensitive or protected areas, (hviii) zoning or building entitlements to which the Property or any portion thereof may be subject, (iix) the availability of any utilities to the Property or any portion thereof including, without limitation, water, sewage, gas and electric, (jx) usages of adjoining property, (kxi) access to the Property or any portion thereof, (lxii) the value, compliance with the plans and specifications, size, location, age, use, design, quality, description, suitability, structural integrity, operation, title to, or physical or financial condition of the Property or any portion thereof, or any income, expenses, charges, liens, encumbrances, rights or claims on or affecting or pertaining to the Property or any part thereof, (m) the condition or use of the Property or compliance of the Property with any or all past, present or future federal, state or local ordinances, rules, regulations or laws, building, fire or zoning ordinances, codes or other similar laws, (n) the existence or non-existence of underground storage tanks, surface impoundments, or landfills, (o) any other matter affecting the stability and integrity of the Property, (p) the potential for further development of the Property, (q) the merchantability of the Property or fitness of the Property for any particular purpose, (r) the truth, accuracy or completeness of the Property Documents, (s) tax consequences, or (t) any other matter or thing with respect to the Property.,
Appears in 1 contract
Samples: Purchase and Sale Agreement (Proton Energy Systems Inc)
Disclaimers By Seller. Except as expressly set forth in this Agreement, the Deed and the Assignment (the Deed and the Assignment being referred to as, the “Closing Documents”), it is understood and agreed that Seller and Seller’s agents or employees have not at any time made and are not now making, and they specifically disclaim, any warranties, representations or guaranties of any kind or character, express or implied, with respect to the Property, including, but not limited to, warranties, representations or guaranties as to (a) matters of title (other than Seller’s special warranty of title to be contained in the Deed), (b) environmental matters relating to the Property or any portion thereof, including, without limitation, the presence of Hazardous Materials in, on, under or in the vicinity of the Property, (c) geological conditions, including, without limitation, subsidence, subsurface conditions, water table, underground water reservoirs, limitations regarding the withdrawal of water, and geologic faults and the resulting damage of past and/or future faulting, (d) whether, and to the extent to which the Property or any portion thereof is affected by any stream (surface or underground), body of water, wetlands, flood prone area, flood plain, floodway or special flood hazard, (e) drainage, (f) soil conditions, including the existence of instability, past soil repairs, soil additions or conditions of soil fill, or susceptibility to landslides, or the sufficiency of any undershoring, (g) the presence of endangered species or any environmentally sensitive or protected areas, (h) zoning or building entitlements to which the Property or any portion thereof may be subject, (i) the availability of any utilities to the Property or any portion thereof including, without limitation, water, sewage, gas and electric, (j) usages of adjoining property, (k) access to the Property or any portion thereof, (l) the value, compliance with the plans and specifications, size, location, age, use, design, quality, description, suitability, structural integrity, operation, title to, or physical or financial condition of the Property or any portion thereof, or any income, expenses, charges, liens, encumbrances, rights or claims on or affecting or pertaining to the Property or any part thereof, (m) the condition or use of the Property or compliance of the Property with any or all past, present or future federal, state or local ordinances, rules, regulations or laws, building, fire or zoning ordinances, codes or other similar laws, (n) the existence or non-existence of underground storage tanks, surface impoundments, or landfills, (o) any other matter affecting the stability and integrity of the Property, (p) the potential for further development of the Property, (q) the merchantability of the Property or fitness of the Property for any particular purpose, (r) the truth, accuracy or completeness of the Property Documents, (s) tax consequences, or (t) any other matter or thing with respect to the Property.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Industrial Property Trust Inc.)
Disclaimers By Seller. Except as expressly set forth in this Agreement, it is understood and agreed that Seller and Seller’s agents or employees have has not at any time made and are not now making, and they specifically disclaim, any warranties, warranties or representations or guaranties of any kind or character, express or implied, with respect to the Property, including, but not limited to, warranties, warranties or representations or guaranties as to (ai) matters of title (other than Seller’s special warranty of title to be contained in the Deed)title, (bii) environmental matters relating to the Property or any portion thereof, including, without limitation, the presence of Hazardous Materials in, on, under or in the vicinity of the Property, (ciii) geological conditions, including, without limitation, subsidence, subsurface conditions, water table, underground water reservoirs, limitations regarding the withdrawal of water, and geologic faults and the resulting damage of past and/or future faulting, (div) whether, and to the extent to which the Property or any portion thereof is affected by any stream (surface or underground), body of water, wetlands, flood prone area, flood plain, floodway or special flood hazard, (ev) drainage, (fvi) soil conditions, including the existence of instability, past soil repairs, soil additions or conditions of soil fill, or susceptibility to landslides, or the sufficiency of any undershoring, (gvii) the presence of endangered species or any environmentally sensitive or protected areas, (hviii) zoning or building entitlements to which the Property or any portion thereof may be subject, (iix) the availability of any utilities to the Property or any portion thereof including, without limitation, water, sewage, gas and electric, (jx) usages of adjoining propertyProperty, (kxi) access to the Property or any portion thereof, (lxii) the value, compliance with the plans and specifications, size, location, age, use, design, quality, description, suitability, structural integrity, operation, title to, or physical or financial condition of the Property or any portion thereof, or any income, expenses, charges, liens, encumbrances, rights or claims on or affecting or pertaining to the Property or any part thereof, (mxiii) the condition or use of the Property or compliance of the Property with any or all past, present or future federal, state or local ordinances, rules, regulations or laws, building, fire or zoning ordinances, codes or other similar laws, (nxiv) the existence or non-existence of underground storage tanks, surface impoundments, or landfills, (o) any other matter affecting the stability and integrity of the Property, (p) the potential for further development of the Property, (qxv) the merchantability of the Property or fitness of the Property for any particular purpose, (rxvi) the truth, accuracy or completeness of the Property Documents, (sxvii) tax consequences, or (txviii) any other matter or thing with respect to the Property.
Appears in 1 contract
Samples: Agreement of Purchase and Sale (Terreno Realty Corp)
Disclaimers By Seller. Except as expressly set forth in this Agreement, the Bond Purchase Agreement or any document delivered at Closing, it is understood and agreed that Seller and Seller’s agents or employees Asset Manager have not at any time made and are not now making, and they specifically disclaim, any warranties, warranties or representations or guaranties of any kind or character, express or implied, with respect to the PropertyProperty and the Bond Documents, including, but not limited to, warranties, warranties or representations or guaranties as to (ai) matters of title (other than Seller’s special warranty of title to be contained in the Deed)title, (bii) environmental matters relating to the Property or any portion thereof, including, without limitation, the presence of Hazardous Materials in, on, under or in the vicinity of the Property, (ciii) geological conditions, including, without limitation, subsidence, subsurface conditions, water table, underground water reservoirs, limitations regarding the withdrawal of water, and geologic faults and the resulting damage of past and/or future faulting, (div) whether, and to the extent to which the Property or any portion thereof is affected by any stream (surface or underground), body of water, wetlands, flood prone area, flood plain, floodway or special flood hazard, (ev) drainage, (fvi) soil conditions, including the existence of instability, past soil repairs, soil additions or conditions of soil fill, or susceptibility to landslides, or the sufficiency of any undershoring, (gvii) the presence of endangered species or any environmentally sensitive or protected areas, (hviii) zoning or building entitlements to which the Property or any portion thereof may be subject, (iix) the availability of any utilities to the Property or any portion thereof including, without limitation, water, sewage, gas and electric, (jx) usages of adjoining property, (kxi) access to the Property or any portion thereof, (lxii) the value, compliance with the plans and specifications, size, location, age, use, design, quality, description, suitability, structural integrity, operation, title to, or physical or financial condition of the Property or any portion thereof, or any income, expenses, charges, liens, encumbrances, rights or claims on or affecting or pertaining to the Property or any part thereof, (mxiii) the condition or use of the Property or compliance of the Property with any or all past, present or future federal, state or local ordinances, rules, regulations or laws, building, fire or zoning ordinances, codes or other similar laws, (nxiv) the existence or non-existence of underground storage tanks, surface impoundments, or landfills, (o) any other matter affecting the stability and integrity of the Property, (p) the potential for further development of the Property, (qxv) the merchantability of the Property or fitness of the Property for any particular purpose, (rxvi) the truth, accuracy or completeness of the Property Documents, (sxvii) tax consequences, (xviii) the suitability or usefulness of the Bonds as financing for the Property or the ability of Purchaser to have the Bonds refunded, reissued or resold, or (txix) any other matter or thing with respect to the PropertyProperty or the Bond Documents.
Appears in 1 contract
Samples: Agreement of Purchase and Sale (Homes for America Holdings Inc)
Disclaimers By Seller. Except as expressly set forth in this Agreement, it is understood and agreed that Seller and Seller’s agents or employees have has not at any time made and are is not now making, and they it specifically disclaimdisclaims, any warranties, warranties or representations or guaranties of any kind or character, express or implied, with respect to the Property, including, but not limited to, warrantieswarranties or representations, representations or guaranties as to (ai) matters of title (other than Seller’s special warranty of title to be contained in the Deed)title, (bii) environmental matters relating to the Property or any portion thereof, including, without limitation, the presence of Hazardous Materials in, on, under or in the vicinity of the Property, (ciii) geological conditions, including, without limitation, subsidence, subsurface conditions, water table, underground water reservoirs, limitations regarding the withdrawal of water, and geologic faults and the resulting damage of past and/or future faulting, (div) whether, and to the extent to which the Property or any portion thereof is affected by any stream (surface or underground), body of water, wetlands, flood prone area, flood plain, floodway or special flood hazard, (ev) drainage, (fvi) soil conditions, including the existence of instability, past soil repairs, soil additions or conditions of soil fill, or susceptibility to landslides, or the sufficiency of any undershoring, (gvii) the presence of endangered species or any environmentally sensitive or protected areas, (hviii) zoning or building entitlements to which the Property or any portion thereof may be subject, (iix) the availability of any utilities to the Property or any portion thereof including, without limitation, water, sewage, gas and electric, (jx) usages of adjoining propertyProperty, (kxi) access to the Property or any portion thereof, (lxii) the value, compliance with the plans and specifications, size, location, age, use, design, quality, description, suitability, structural integrity, operation, title to, or physical or financial condition of the Property or any portion thereof, or any income, expenses, charges, liens, encumbrances, rights or claims on or affecting or pertaining to the Property or any part thereof, (mxiii) the condition or use of the Property or compliance of the Property with any or all past, present or future federal, state or local ordinances, rules, regulations or laws, building, fire or zoning ordinances, codes or other similar laws, (nxiv) the existence or non-existence of underground storage tanks, surface impoundments, or landfills, (o) any other matter affecting the stability and integrity of the Property, (p) the potential for further development of the Property, (qxv) the merchantability of the Property or fitness of the Property for any particular purpose, (rxvi) the truth, accuracy or completeness of the Property Documents, (sxvii) tax consequences, or (txviii) any other matter or thing with respect to the Property.
Appears in 1 contract
Disclaimers By Seller. Except as expressly set forth in this AgreementAgreement and any document executed by Seller and delivered to Purchaser at Closing, it is understood and agreed that Seller and Seller’s agents or employees have has not at any time made and are not now making, and they specifically disclaim, any warranties, warranties or representations or guaranties of any kind or character, express or implied, with respect to the Property, including, but not limited to, warranties, warranties or representations or guaranties as to (ai) matters of title (other than Seller’s special warranty of title to be contained in the Deed)title, (bii) environmental matters relating to the Property or any portion thereof, including, without limitation, the presence of Hazardous Materials in, on, under or in the vicinity of the Property, (ciii) geological conditions, including, without limitation, subsidence, subsurface conditions, water table, underground water reservoirs, limitations regarding the withdrawal of water, and geologic faults and the resulting damage of past and/or future faulting, (div) whether, and to the extent to which the Property or any portion thereof is affected by any stream (surface or underground), body of water, wetlands, flood prone area, flood plain, floodway or special flood hazard, (ev) drainage, (fvi) soil conditions, including the existence of instability, past soil repairs, soil additions or conditions of soil fill, or susceptibility to landslides, or the sufficiency of any undershoring, (gvii) the presence of endangered species or any environmentally sensitive or protected areas, (hviii) zoning or building entitlements to which the Property or any portion thereof may be subject, (iix) the availability of any utilities to the Property or any portion thereof including, without limitation, water, sewage, gas and electric, (jx) usages of adjoining property, (kxi) access to the Property or any portion thereof, (lxii) the value, compliance with the plans and specifications, size, location, age, use, design, quality, description, suitability, structural integrity, operation, title to, or physical or financial condition of the Property or any portion thereof, or any income, expenses, charges, liens, encumbrances, rights or claims on or affecting or pertaining to the Property or any part thereof, (mxiii) the condition or use of the Property or compliance of the Property with any or all past, present or future federal, state or local ordinances, rules, regulations or laws, building, fire or zoning ordinances, codes or other similar laws, (nxiv) the existence or non-existence of underground storage tanks, surface impoundments, or landfills, (o) any other matter affecting the stability and integrity of the Property, (p) the potential for further development of the Property, (qxv) the merchantability of the Property or fitness of the Property for any particular purpose, (rxvi) the truth, accuracy or completeness of the Property Documents, (sxvii) tax consequences, or (txviii) any other matter or thing with respect to the Property.
Appears in 1 contract
Samples: Agreement of Purchase and Sale (Amerivest Properties Inc)
Disclaimers By Seller. Except as for the representations and warranties expressly set forth in this AgreementAgreement or in the documents executed by Seller in connection with the Closing (“Seller’s Representations and Warranties”), it is understood and agreed that Seller and Seller’s agents or employees have has not at any time made and are is not now making, and they Seller specifically disclaimdisclaims, any warranties, warranties or representations or guaranties of any kind or character, express or implied, with respect to the Property, including, but not limited to, warranties, warranties or representations or guaranties as to (ai) matters of title (other than Seller’s special warranty of title to be contained in the Deed)title, (bii) environmental matters relating to the Property or any portion thereof, including, without limitation, the presence of Hazardous Materials in, on, under or in the vicinity of the Property, (ciii) geological conditions, including, without limitation, subsidence, subsurface conditions, water table, underground water reservoirs, limitations regarding the withdrawal of water, and geologic faults and the resulting damage of past and/or future faulting, (div) whether, and to the extent to which the Property or any portion thereof is affected by any stream (surface or underground), body of water, wetlands, flood prone area, flood plain, floodway or special flood hazard, (ev) drainage, (fvi) soil conditions, including the existence of instability, past soil repairs, soil additions or conditions of soil fill, or susceptibility to landslides, or the sufficiency of any undershoring, (gvii) the presence of endangered species or any environmentally sensitive or protected areas, (hviii) zoning or building entitlements to which the Property or any portion thereof may be subject, (iix) the availability of any utilities to the Property or any portion thereof including, without limitation, water, sewage, gas and electric, (jx) usages of adjoining propertyProperty, (kxi) access to the Property or any portion thereof, (lxii) the value, compliance with the plans and specifications, size, location, age, use, design, quality, description, suitability, structural integrity, operation, title to, or physical or financial condition of the Property or any portion thereof, or any income, expenses, charges, liens, encumbrances, rights or claims on or affecting or pertaining to the Property or any part thereof, (mxiii) the condition or use of the Property or compliance of the Property with any or all past, present or future federal, state or local ordinances, rules, regulations or laws, building, fire or zoning ordinances, codes or other similar laws, (nxiv) the existence or non-existence of underground storage tanks, surface impoundments, or landfills, (o) any other matter affecting the stability and integrity of the Property, (p) the potential for further development of the Property, (qxv) the merchantability of the Property or fitness of the Property for any particular purpose, (rxvi) the truth, accuracy or completeness of the Property DocumentsDocuments (except for the representations expressly stated in Section 9.1), or the Natural Hazard Disclosure or California Tax Disclosure Report, (sxvii) tax consequences, or (txviii) any other matter or thing with respect to the Property.
Appears in 1 contract
Samples: Agreement of Purchase and Sale (KBS Real Estate Investment Trust, Inc.)
Disclaimers By Seller. Except as expressly set forth in this Agreement, it is understood and agreed that Seller and Seller’s agents or employees have not at any time made and are not now making, and they specifically disclaim, any warranties, representations or guaranties of any kind or character, express or implied, with respect to the Property, including, but not limited to, warranties, representations or guaranties as to (a) matters of title (other than Seller’s special warranty of title to be contained in the Deed), (b) environmental matters relating to the Property or any portion thereof, including, without limitation, the presence of Hazardous Materials (as hereinafter defined) in, on, under or in the vicinity of the Property, (c) geological conditions, including, without limitation, subsidence, subsurface conditions, water table, underground water reservoirs, limitations regarding the withdrawal of water, and geologic faults and the resulting damage of past and/or future faulting, (d) whether, and to the extent to which the Property or any portion thereof is affected by any stream (surface or underground), body of water, wetlands, flood prone area, flood plain, floodway or special flood hazard, (e) drainage, (f) soil conditions, including the existence of instability, past soil repairs, soil additions or conditions of soil fill, or susceptibility to landslides, or the sufficiency of any undershoring, (g) the presence of endangered species or any environmentally sensitive or protected areas, (h) zoning or building entitlements to which the Property or any portion thereof may be subject, (i) the availability of any utilities to the Property or any portion thereof including, without limitation, water, sewage, gas and electric, (j) usages of adjoining property, (k) access to the Property or any portion thereof, (l) the value, compliance with the plans and specifications, size, location, age, use, design, quality, description, suitability, structural integrity, operation, title to, or physical or financial condition of the Property or any portion thereof, or any income, expenses, charges, liens, encumbrances, rights or claims on or affecting or pertaining to the Property or any part thereof, (m) the condition or use of the Property or compliance of the Property with any or all past, present or future federal, state or local ordinances, rules, regulations or laws, building, fire or zoning ordinances, codes or other similar laws, (n) the existence or non-existence of underground storage tanks, surface impoundments, or landfills, (o) any other matter affecting the stability and integrity of the Property, (p) the potential for further development of the Property, (q) the merchantability of the Property or fitness of the Property for any particular purpose, (r) the truth, accuracy or completeness of the Property Documents, (s) tax consequences, or (t) any other matter or thing with respect to the Property.,
Appears in 1 contract
Samples: Purchase and Sale Agreement
Disclaimers By Seller. Except as expressly set forth in this Agreement, it is understood and agreed that Seller and Seller’s agents or employees have has not at any time made and are is not now making, and they Seller specifically disclaimdisclaims, any warranties, warranties or representations or guaranties of any kind or character, express or implied, with respect to the Property, including, but not limited to, warranties, warranties or representations or guaranties as to (ai) matters of title (other than Seller’s special warranty of title to be contained in the Deed)title, (bii) environmental matters relating to the Property or any portion thereof, including, without limitation, the presence of Hazardous Materials in, on, under or in the vicinity of the Property, (ciii) geological conditions, including, without limitation, subsidence, subsurface conditions, water table, underground water reservoirs, limitations regarding the withdrawal of water, and geologic faults and the resulting damage of past and/or future faulting, (div) whether, and to the extent to which the Property or any portion thereof is affected by any stream (surface or underground), body of water, wetlands, flood prone area, flood plain, floodway or special flood hazard, (ev) drainage, (fvi) soil conditions, including the existence of instability, past soil repairs, soil additions or conditions of soil fill, or susceptibility to landslides, or the sufficiency of any undershoring, (gvii) the presence of endangered species or any environmentally sensitive or protected areas, (hviii) zoning or building entitlements to which the Property or any portion thereof may be subject, (iix) the availability of any utilities to the Property or any portion thereof including, without limitation, water, sewage, gas and electric, (jx) usages of adjoining propertyProperty, (kxi) access to the Property or any portion thereof, (lxii) the value, compliance with the plans and specifications, size, location, age, use, design, quality, description, suitability, structural integrity, operation, title to, or physical or financial condition of the Property or any portion thereof, or any income, expenses, charges, liens, encumbrances, rights or claims Claims on or affecting or pertaining to the Property or any part thereof, (mxiii) the condition or use of the Property or compliance of the Property with any or all past, present or future federal, state or local ordinances, rules, regulations or laws, building, fire or zoning ordinances, codes or other similar laws, (nxiv) the existence or non-existence non‑existence of underground storage tanks, surface impoundments, or landfills, (o) any other matter affecting the stability and integrity of the Property, (p) the potential for further development of the Property, (qxv) the merchantability of the Property or fitness of the Property for any particular purpose, (rxvi) the truth, accuracy or completeness of the Property Documents, (sxvii) tax consequences, or (txviii) any other matter or thing with respect to the Property.. /s/ LS Buyer Initials
Appears in 1 contract
Samples: Agreement of Purchase and Sale (Rexford Industrial Realty, Inc.)
Disclaimers By Seller. Except as expressly set forth in this Agreement, it is understood and agreed that Seller and Seller’s agents or employees Asset Manager have not at any time made and are not now making, and they specifically disclaim, any warranties, warranties or representations or guaranties of any kind or character, express or implied, with respect to the Property, including, but not limited to, warranties, warranties or representations or guaranties as to (a1) matters of title (other than Seller’s special warranty of title to be contained in the Deed)title, (bii) environmental matters relating to the Property or any portion thereof, including, without limitation, the presence of Hazardous Materials in, on, under or in the vicinity of the Property, (ciii) geological conditions, including, without limitation, subsidence, subsurface conditions, water table, underground water reservoirs, limitations regarding the withdrawal of water, and geologic faults and the resulting damage of past and/or future faulting, (div) whether, and to the extent to which the Property or any portion thereof is affected by any stream (surface or underground), body of water, wetlands, flood prone area, flood plain, floodway or special flood hazard, (ev) drainage, (fvi) soil conditions, including the existence of instability, past soil repairs, soil additions or conditions of soil fill, or susceptibility to landslides, or the sufficiency of any undershoring, (gvii) the presence of endangered species or any environmentally sensitive or protected areas, (hviii) zoning or building entitlements to which the Property or any portion thereof may be subject, (iix) the availability of any utilities to the Property or any portion thereof including, without limitation, water, sewage, gas and electric, (jx) usages of adjoining property, (kxi) access to the Property or any portion thereof, (lxii) the value, compliance with the plans and specifications, size, location, age, use, design, quality, description, suitability, structural integrity, operation, title to, or physical or financial condition of the Property or any portion thereof, or any income, expenses, charges, liens, encumbrances, rights or claims on or affecting or pertaining to the Property or any part thereof, (mxiii) the condition or use of the Property or compliance of the Property with any or all past, present or future federal, state or local ordinances, rules, regulations or laws, building, fire or zoning ordinances, codes or other similar laws, (nxiv) the existence or non-existence of underground storage tanks, surface impoundments, or landfills, (o) any other matter affecting the stability and integrity of the Property, (p) the potential for further development of the Property, (qxv) the merchantability of the Property or fitness of the Property for any particular purpose, (rxvi) the truth, accuracy or completeness of the Property Documents, provided, however, that Seller has no actual knowledge that any Property Document is incorrect in any material respect; (sxvii) tax consequences, or (txviii) any other matter or thing with respect to the Property.
Appears in 1 contract
Samples: Agreement of Purchase and Sale (Hittite Microwave Corp)
Disclaimers By Seller. Except as expressly set forth in this Agreement, it is understood and agreed that Seller and Seller’s agents or employees Asset Manager have not at any time made and are not now making, and they specifically disclaim, any warranties, warranties or representations or guaranties of any kind or character, express or implied, with respect to the Property, including, but not limited to, warranties, warranties or representations or guaranties as to (ai) matters of title (other than Seller’s special warranty of title to be contained in the Deed)title, (bii) environmental matters relating to the Property or any portion thereof, including, without limitation, the presence of Hazardous Materials in, on, under or in the vicinity of the Property, (ciii) geological conditions, including, without limitation, subsidence, subsurface conditions, water table, underground water reservoirs, limitations regarding the withdrawal of water, and geologic faults and the resulting damage of past and/or future faulting, (div) whether, and to the extent to which the Property or any portion thereof is affected by any stream (surface or underground), body of water, wetlands, flood prone area, flood plain, floodway or special flood hazard, (ev) drainage, (fvi) soil conditions, including the existence of instability, past soil repairs, soil additions or conditions of soil fill, or susceptibility to landslides, or the sufficiency of any undershoring, (gvii) the presence of endangered species or any environmentally sensitive or protected areas, (hviii) zoning or building entitlements to which the Property or any portion thereof may be subject, (iix) the availability of any utilities to the Property or any portion thereof including, without limitation, water, sewage, gas and electric, (jx) usages of adjoining propertyProperty, (kxi) access to the Property or any portion thereof, (lxii) the value, compliance with the plans and specifications, size, location, age, use, design, quality, description, suitability, structural integrity, operation, title to, or physical or financial condition of the Property or any portion thereof, or any income, expenses, charges, liens, encumbrances, rights or claims on or affecting or pertaining to the Property or any part thereof, (mxiii) the condition or use of the Property or compliance of the Property with any or all past, present or future federal, state or local ordinances, rules, regulations or laws, building, fire or zoning ordinances, codes or other similar laws, (nxiv) the existence or non-existence of underground storage tanks, surface impoundments, or landfills, (o) any other matter affecting the stability and integrity of the Property, (p) the potential for further development of the Property, (qxv) the merchantability of the Property or fitness of the Property for any particular purpose, (rxvi) the truth, accuracy or completeness of the Property Documents, (sxvii) tax consequences, or (txviii) any other matter or thing with respect to the Property.
Appears in 1 contract
Samples: Agreement of Purchase and Sale (Hines Real Estate Investment Trust Inc)
Disclaimers By Seller. Except as expressly set forth in this Agreement, it is understood and agreed that Seller and Seller’s agents or employees have not at any time made and are not now making, and they specifically disclaim, any warranties, representations or guaranties of any kind or character, express or implied, with respect to the Property, including, but not limited to, warranties, representations or guaranties as to (a) matters of title (other than Seller’s special warranty of title to be contained in the Deed), (b) environmental matters relating to the Property or any portion thereof, including, without limitation, the presence of Hazardous Materials in, on, under or in the vicinity of the Property, (c) geological conditions, including, without limitation, subsidence, subsurface conditions, water table, underground water reservoirs, limitations regarding the withdrawal of water, and geologic faults and the resulting damage of past and/or future faulting, (d) whether, and to the extent to which the Property or any portion thereof is affected by any stream (surface or underground), body of water, wetlands, flood prone area, flood plain, floodway or special flood hazard, (e) drainage, (f) soil conditions, including the existence of instability, past soil repairs, soil additions or conditions of soil fill, or susceptibility to landslides, or the sufficiency of any undershoring, (g) the presence of endangered species or any environmentally sensitive or protected areas, (h) zoning or building entitlements to which the Property or any portion thereof may be subject, (i) the availability of any utilities to the Property or any portion thereof including, without limitation, water, sewage, gas and electric, (j) usages of adjoining property, (k) access to the Property or any portion thereof, (l) the value, compliance with the plans and specifications, size, location, age, use, design, quality, description, suitability, structural integrity, operation, title to, or physical or financial condition of the Property or any portion thereof, or any income, expenses, charges, liens, encumbrances, rights or claims on or affecting or pertaining to the Property or any part thereof, (m) the condition or use of the Property or compliance of the Property with any or all past, present or future federal, state or local ordinances, rules, regulations or laws, building, fire or zoning ordinances, codes or other similar laws, including without limitation the ADA and the Texas Architectural Barriers Act, (n) the existence or non-existence of underground storage tanks, surface impoundments, or landfills, (o) any other matter affecting the stability and integrity of the Property, (p) the potential for further development of the Property, (q) the merchantability of the Property or fitness of the Property for any particular purpose, (r) the truth, accuracy or completeness of the Property Documents, (s) tax consequences, or (t) any other matter or thing with respect to the Property.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Phillips Edison - ARC Shopping Center REIT Inc.)
Disclaimers By Seller. Except as expressly set forth in this Agreement, it is understood BUYER has not relied and agreed that Seller will not rely on, and Seller’s agents or employees SELLER have not at any time made and are not now making, and they specifically disclaimliable for or bound by, any express or implied warranties, guarantees, statements, representations or guaranties information of any kind or character, express or implied, with respect character pertaining to the PropertyProperty or relating thereto made or furnished by SELLER or any real estate broker, includingagent or third party representing or purporting to represent SELLER, but not limited toto whomever made or given, warrantiesdirectly or indirectly, orally or in writing, including warranties or representations or guaranties as to (ai) matters of title (other than Seller’s special warranty of title to be contained in the Deed)title, (bii) environmental matters relating to the Property or any portion thereof, including, without limitation, including (A) the presence of Hazardous Materials in, on, under or in the vicinity of the PropertyProperty and/or (B) information provided in any questionnaire answered by SELLER or its representative(s) in connection with a site assessment pursuant to 40 CFR part 312 or otherwise, the answers to which BUYER acknowledges shall not be construed to be representations or warranties but are provided solely for the convenience of BUYER, (ciii) geological conditions, including, without limitation, including subsidence, subsurface conditions, water table, underground water reservoirs, limitations regarding the withdrawal of water, and geologic faults and the resulting damage of past and/or future faulting, (div) whether, and to the extent to which the Property or any portion thereof is affected by any stream (surface or underground), body of water, wetlands, flood prone area, flood plain, floodway or special flood hazard, (ev) drainage, (fvi) soil conditions, including the existence of instability, past soil repairs, soil additions or conditions of soil fill, or susceptibility to landslides, or the sufficiency of any undershoring, (gvii) the presence of endangered species or any environmentally sensitive or protected areas, (hviii) zoning or building entitlements to which the Property or any portion thereof may be subject, (iix) the availability of any utilities to the Property or any portion thereof including, without limitation, including water, sewage, gas and electric, (jx) usages of adjoining property, (kxi) access to the Property or any portion thereof, (lxii) the value, compliance with the plans and specifications, size, location, age, use, design, quality, description, suitability, structural integrity, operation, title to, or physical or financial condition of the Property or any portion thereof, or any income, expenses, charges, liens, encumbrances, rights or claims on or affecting or pertaining to the Property or any part thereof, (mxiii) the condition or use of the Property or compliance of the Property with any or all past, present or future federal, state or local ordinances, rules, regulations or laws, building, fire or zoning ordinances, codes or other similar laws, (nxiv) the existence or non-existence of underground storage tanks, surface impoundments, or landfills, (o) any other matter affecting the stability and integrity of the Property, (p) the potential for further development of the Property, (qxv) the merchantability of the Property or fitness of the Property for any particular purpose, (rxvi) the truth, accuracy or completeness of the Property Documentsbrokers’ sales memorandums, or other property information distributed with respect to the Property, (sxvii) tax consequences, or (txviii) any other matter or thing with respect to the Property.
Appears in 1 contract
Samples: Purchase and Sale Agreement
