Common use of Physical Condition Clause in Contracts

Physical Condition. Except as set forth in the Property Condition Report, to Borrower’s knowledge, the Property, including, without limitation, all buildings, improvements, parking facilities, sidewalks, storm drainage systems, roofs, plumbing systems, HVAC systems, fire protection systems, electrical systems, equipment, elevators, exterior sidings and doors, landscaping, irrigation systems and all structural components, are in good condition, order and repair in all material respects. Except as set forth in the Property Condition Report, to Borrower’s knowledge, there exist no structural or other material defects or damages in the Property, as a result of a Casualty or otherwise, and whether latent or otherwise. Borrower has not received notice from any insurance company or bonding company of any defects or inadequacies in the Property, or any part thereof, which would adversely affect the insurability of the same or cause the imposition of extraordinary premiums or charges thereon or of any termination or threatened termination of any policy of insurance or bond.

Physical Condition. Except To the best of Borrower' knowledge, except as set forth disclosed in the Property Condition Report, to Borrower’s knowledgeBuilding Evaluation Reports, the Property, including, without limitation, all buildings, improvements, parking facilities, sidewalks, storm drainage systems, roofs, plumbing systems, HVAC systems, fire protection systems, electrical systems, equipment, elevators, exterior sidings and doors, landscaping, irrigation systems and all structural components, other Improvements thereon are in good operating condition, order and repair in all material respects. Except To the best of Borrower' knowledge, except as set forth disclosed in the Property Condition Report, to Borrower’s knowledgeBuilding Evaluation Reports, there exist exists no structural or other material defects or damages defect in the Property, as a result of a Casualty or otherwise, and whether latent or otherwise. Neither Borrower nor any Affiliate of Borrower has not received written notice from any insurance company or bonding company of any defects or inadequacies in any of the PropertyProperties, or any part thereof, which would adversely affect the insurability of the same or cause the imposition of extraordinary premiums or charges thereon or of any termination or threatened termination of any policy of insurance or bond.

Physical Condition. Except as set forth in the Property Condition each Physical Conditions Report, to Borrower’s knowledge, the (i) each Individual Property, including, without limitation, all buildings, improvements, parking facilities, sidewalks, storm drainage systems, roofs, plumbing systems, HVAC systems, fire protection systems, electrical systems, equipment, elevators, exterior sidings and doors, landscaping, irrigation systems and all structural components, are in good condition, order and repair in all material respects. Except as set forth in the Property Condition Report, subject to Borrower’s knowledgeordinary wear and tear, and (ii) there exist exists no structural or other material defects or damages in the any Individual Property, as a result of a Casualty or otherwise, and whether latent or otherwise. Borrower has not received written notice from any insurance company or bonding company of any defects or inadequacies in the any Individual Property, or any part thereof, which would materially adversely affect the insurability of the same or cause the imposition of extraordinary premiums or charges thereon or of any termination or threatened termination of any policy of insurance or bondbond and, in each case, which defects or inadequacies remain outstanding or otherwise uncured.

Physical Condition. Except as set forth in the Property Condition Report, Report and the Environmental Report delivered to Borrower’s knowledgeLender, the Property, including, without limitation, all buildings, improvements, parking facilities, sidewalks, storm drainage systems, roofs, plumbing systems, HVAC systems, fire protection systems, electrical systems, equipment, elevators, exterior sidings and doors, landscaping, irrigation systems and all structural components, are in good condition, order and repair in all material respects. Except ; except as set forth in the Property Condition Report and the Environmental Report, to Borrower’s knowledge, there exist exists no structural or other material defects or damages in the Property, as a result of a Casualty whether latent (to Borrower’s knowledge) or otherwise, and whether latent or otherwise. Borrower has not received notice from any insurance company or bonding company of any defects or inadequacies in the Property, or any part thereof, which would adversely affect the insurability of the same or cause the imposition of extraordinary premiums or charges thereon or of any termination or threatened termination of any policy of insurance or bond.

Physical Condition. Except as set forth provided in the Property Condition ReportPhysical Conditions Report and except with respect to the PIP Requirements, to the best of Borrower’s knowledgeknowledge after due inquiry, (a) the Property, including, without limitation, all buildings, improvements, parking facilities, sidewalks, storm drainage systems, roofs, plumbing systems, HVAC systems, fire protection systems, electrical systems, equipment, elevators, exterior sidings and doors, landscaping, irrigation systems and all structural components, are in good condition, order and repair in all material respects. Except as set forth in the Property Condition Report, to Borrower’s knowledge, ; (b) there exist exists no structural or other material defects or damages in the Property, as a result of a Casualty whether latent or otherwise, and whether latent or otherwise. (c) Borrower has not received notice from any insurance company or bonding company of any defects or inadequacies in the Property, or any part thereof, which would adversely affect the insurability of the same or cause the imposition of extraordinary premiums or charges thereon or of any termination or threatened termination of any policy of insurance or bond.

Physical Condition. Except as set forth in Based on the Property Condition Report, Physical Conditions Report and to Borrower’s 's knowledge, the Property, including, without limitation, all buildings, improvements, parking facilities, sidewalks, storm drainage systems, roofs, plumbing systems, HVAC systems, fire protection systems, electrical systems, equipment, elevators, exterior sidings and doors, landscaping, irrigation systems and all structural components, are in good condition, order and repair in all material respects. Except as set forth in Based on the Property Condition Report, Physical Conditions Report and to Borrower’s 's knowledge, there exist exists no structural or other material defects or damages in the Property, as a result of a Casualty or otherwise, and whether latent or otherwise. Borrower has not received notice from any insurance company or bonding company of any defects or inadequacies in the Property, or any part thereof, which would adversely affect the insurability of the same or cause the imposition of extraordinary premiums or charges thereon or of any termination or threatened termination of any policy of insurance or bond.

Physical Condition. Except To Borrower’s knowledge, except as may be expressly set forth in the Property Condition applicable Physical Conditions Report, to Borrower’s knowledge, the each Individual Property, including, without limitation, including all buildings, improvements, parking facilities, sidewalks, storm drainage systems, roofs, plumbing systems, HVAC systems, fire protection systems, electrical systems, equipment, elevators, exterior sidings and doors, landscaping, irrigation systems and all structural components, are in good condition, order and repair in all material respects. Except as set forth in the Property Condition Report, ; to Borrower’s knowledge, and except as expressly disclosed in any Physical Conditions Report, there exist exists no structural or other material defects or damages in the such Individual Property, as a result of a Casualty whether latent or otherwise, and whether latent or otherwise. Borrower has not received notice from any insurance company or bonding company of any defects or inadequacies in the such Individual Property, or any part thereof, which would adversely affect the insurability of the same or cause the imposition of extraordinary premiums or charges thereon or of any termination or threatened termination of any policy of insurance or bond.

Physical Condition. Except as expressly set forth in the Property Condition Reportbuilding condition reports delivered to the Administrative Agent in connection with the initial advance of the Loans, and to the best of each Borrower’s knowledge, the : each Individual Property, including, without limitation, all buildings, improvements, parking facilities, sidewalks, storm drainage systems, roofs, plumbing systems, HVAC systems, fire protection systems, electrical systems, equipment, elevators, exterior sidings and doors, landscaping, irrigation systems and all structural components, are in good condition, order and repair in all material respects. Except as set forth in the Property Condition Report, to Borrower’s knowledge, ; there exist exists no structural or other material defects or damages in the any Individual Property, as a result of a Casualty whether latent or otherwise, and whether latent or otherwise. no Borrower has not received written notice from any insurance company or bonding company of any defects or inadequacies in the any Individual Property, or any part thereof, which would adversely affect the insurability of the same or cause the imposition of extraordinary premiums or charges thereon or of any termination or threatened termination of any policy of insurance or bond.

Physical Condition. Except as set forth may be disclosed in the Property Condition Physical Conditions Report, to Borrower’s knowledge, the Property, including, without limitation, all buildings, improvements, parking facilities, sidewalks, storm drainage systems, roofs, plumbing systems, HVAC systems, fire protection systems, electrical systems, equipment, elevators, exterior sidings and doors, landscaping, irrigation systems and all structural components, are in good condition, order and repair in all material respects, subject to ordinary wear and tear. Except as set forth in the Property Condition Report, to To Borrower’s knowledge, there exist exists no structural or other material defects or damages in the Property, as a result of a Casualty or otherwise, and whether latent or otherwise. Borrower has not received written notice from any insurance company or bonding company of any defects or inadequacies in the Property, or any part thereof, which would materially adversely affect the insurability of the same or cause the imposition of extraordinary premiums or charges thereon or of any termination or threatened termination of any policy of insurance or bond.

Physical Condition. Except as set forth in To the Property Condition Report, to best of Borrower’s knowledge, the Property, including, without limitation, all buildings, improvements, and any parking facilities, sidewalks, storm drainage systems, roofs, plumbing systems, HVAC systems, fire protection systems, electrical systems, equipment, elevators, exterior sidings and doors, landscaping, irrigation systems and all structural components, are in good condition, order and repair in all material respects. Except , except as set forth disclosed in that certain Property Condition Report issued to Lender by LandAmerica Assessment Corporation, dated January 16, 2007 (the “Property Condition Report, to Borrower’s knowledge, ”); there exist exists no structural or other material defects or damages in the Property, as a result of a Casualty whether latent or otherwise, and whether latent or otherwise. Borrower has not received notice from any insurance company or bonding company of any defects or inadequacies in the Property, or any part thereof, which would materially adversely affect the insurability of the same or cause the imposition of extraordinary premiums or charges thereon or of any termination or threatened termination of any policy of insurance or bond.

Physical Condition. Except as set forth in the Property Condition Physical Conditions Report, to Borrower’s knowledge, the Property, including, without limitation, all buildings, improvements, parking facilities, sidewalks, storm drainage systems, roofs, plumbing systems, HVAC systems, fire protection systems, electrical systems, equipment, elevators, exterior sidings and doors, landscaping, irrigation systems and all structural components, are in good condition, order and repair in all material respects. Except as set forth in the Property Condition Physical Conditions Report, to Borrower’s knowledge, there exist exists no structural or other material defects or damages in the Property, as a result of a Casualty or otherwise, and whether latent or otherwise. Borrower has not received notice from any insurance company or bonding company of any defects or inadequacies in the Property, or any part thereof, which would adversely affect the insurability of the same or cause the imposition of extraordinary premiums or charges thereon or of any termination or threatened termination of any policy of insurance or bond.

Physical Condition. Except as set forth in the Property Condition Report, to Borrower’s knowledge, the Property, including, without limitation, all buildings, improvements, parking facilities, sidewalks, storm drainage systems, roofs, plumbing systems, HVAC systems, fire protection systems, electrical systems, equipment, elevators, exterior sidings and doors, landscaping, irrigation systems and all structural components, are in good condition, order and repair in all material respects. Except as set forth in the Property Condition Report, to Borrower’s knowledge, there exist exists no structural or other material defects or damages in the Property, as a result of a Casualty or otherwise, and whether latent or otherwise. Borrower has not received notice from any insurance company or bonding company of any defects or inadequacies in the Property, or any part thereof, which would adversely affect the insurability of the same or cause the imposition of extraordinary premiums or charges thereon or of any termination or threatened termination of any policy of insurance or bond.

Physical Condition. Except as set forth in the Property Condition Report, to To Borrower’s knowledge, and except as disclosed by the physical condition report for such Property prepared by Nova Consulting Group, Inc., delivered to Lender in connection with the closing of the Loan, each Property, including, without limitation, including all buildings, improvements, parking facilities, sidewalks, storm drainage systems, roofs, plumbing systems, HVAC systems, fire protection systems, electrical systems, equipment, elevators, exterior sidings and doors, landscaping, irrigation systems and all structural components, are in good condition, order and repair in all material respects. Except as set forth in the Property Condition Report, to Borrower’s knowledge, ; there exist exists no structural or other material defects or damages in the such Property, as a result of a Casualty whether latent (to Borrower’s knowledge) or otherwise, and whether latent or otherwise. no Borrower has not received notice from any insurance company or bonding company of any defects or inadequacies in the any Property, or any part thereof, which would adversely affect the insurability of the same or cause the imposition of extraordinary premiums or charges thereon or of any termination or threatened termination of any policy of insurance or bond.

Physical Condition. Except as set forth in To the Property Condition Report, to best of Borrower’s knowledge, the Property, including, without limitation, all buildings, improvements, and any parking facilities, sidewalks, storm drainage systems, roofs, plumbing systems, HVAC systems, fire protection systems, electrical systems, equipment, elevators, exterior sidings and doors, landscaping, irrigation systems and all structural components, are in good condition, order and repair in all material respects. Except , except as set forth disclosed in that certain Property Condition Report issued to Lender by LandAmerica Assessment Corporation, dated January 17, 2007 (the “Property Condition Report, to Borrower’s knowledge, ”); there exist exists no structural or other material defects or damages in the Property, as a result of a Casualty whether latent or otherwise, and whether latent or otherwise. Borrower has not received notice from any insurance company or bonding company of any defects or inadequacies in the Property, or any part thereof, which would materially adversely affect the insurability of the same or cause the imposition of extraordinary premiums or charges thereon or of any termination or threatened termination of any policy of insurance or bond.