Present Condition. Subject to Section 2.5(i) and Section 3.2(c) and except as specifically set forth in Section 9.1, the Lessee understands, agrees and acknowledges that the Lessee (i) by the execution of this Agreement, agrees to accept the LMM Airport Facility “AS IS” at the Time of Closing (subject to the “Excluded Liabilities” and subject to the Authority’s obligation for Restoration under Section 2.5(i)) and (ii) has inspected the LMM Airport Facility and is aware of its condition and acknowledges that the Authority neither has made nor is making any representation or warranty, express or implied, regarding the condition of the LMM Airport Facility (or any part thereof) or its suitability for the Lessee’s proposed use.
Present Condition. Xxxxx accepts the Property in its present condition except that Seller, at Seller's expense, will complete the following before closing: See Special Provisions Addendum .
Present Condition. Without limiting any rights or remedies of the Concessionaire in connection with a breach of the representation and warranty in Section 9.1(g)(i) or Section 9.2(g)(i), the Concessionaire understands, agrees and acknowledges that the Concessionaire (i) by the execution of this Agreement, agrees to accept the Metered Parking System “AS IS” at the Time of Closing and (ii) has inspected the Metered Parking System and is aware of its condition and acknowledges that the Government Parties have not made and are not making any representation or warranty, express or implied, regarding the condition of the Metered Parking System (or any part thereof) or its suitability for the Concessionaire’s proposed use.
Present Condition. Subject to Section 2.5(i) and except as specifically set forth herein, the Concessionaire understands, agrees and acknowledges that the Concessionaire (i) by the execution of this Agreement, agrees to accept the System “AS IS” at the Time of Closing and (ii) has inspected the System and is aware of its condition and acknowledges that the City has not made and is not making any representation or warranty, express or implied, regarding the condition of the System (or any part thereof) or its suitability for the Concessionaire’s proposed use.
Present Condition. (Check (1) or (2) only.)
Present Condition. AAF acknowledges that it is leasing the Property in “as-is” condition except as otherwise expressly set forth in this Agreement, without warranty of title (provided that, if requested by AAF in connection with a policy of leasehold title insurance to be obtained by AAF, the Department will execute and deliver a title affidavit in the form of Exhibit “D” to this Agreement). AAF has inspected the Property to the extent desired by AAF and is satisfied with the physical condition of the Property. The taking of possession by AAF is conclusive evidence of AAF’s acceptance of the condition of the Property, subject to the terms and conditions of this Section and this Agreement. Except as otherwise expressly set forth in this Agreement, the Department has not made and does not make any representations or warranties as to the physical condition or any matter or thing affecting or pertaining to the Property or its suitability for AAF’s intended use, and AAF expressly acknowledges and agrees to take the Property “AS IS.” It is understood and agreed that all understandings and discussions of the Parties concerning the lease of the Property are merged into this Agreement and that this Agreement is entered into after full investigation, with neither party relying upon any statements or representations of the other not embodied in this Agreement. AAF acknowledges that the Department has afforded and has agreed to continue to afford it the opportunity of a full and complete investigation, examination, and inspection of the Property and all matters and items related or connected to the Property. There are no express or implied warranties given by the Department to AAF in connection with the Property except as otherwise expressly set forth in this Agreement. AAF EXPRESSLY RELEASES THE DEPARTMENT FROM ANY LIABILITY, WARRANTY, OR OBLIGATION TO AAF RELATING TO THE CONDITION OF THE PROPERTY, SPECIFICALLY INCLUDING: LATENT AND PATENT CONDITIONS; ZONING; PERMITTING; SUBSOIL CONDITIONS; STORMWATER DRAINAGE CONDITIONS; THE EXISTENCE OR CONDITION OF ANY UTILITIES; AND ANY AND ALL OTHER MATTERS RELATING TO THE PHYSICAL CONDITION OF THE PROPERTY; PROVIDED, HOWEVER, NOTWITHSTANDING THE FOREGOING, WITH REGARD TO HAZARDOUS OR TOXIC WASTES, SUBSTANCES, AND MATERIALS, OR POLLUTANTS, AAF ONLY RELEASES THE DEPARTMENT FROM ANY LIABILITY, WARRANTY, OR OBLIGATION TO AAF RELATING TO THE RELEASE OF HAZARDOUS OR TOXIC WASTES, SUBSTANCES, AND MATERIALS, OR POLLUTANTS, ON OR FROM THE PROPERTY OR ANY ...
Present Condition. Subject generally to Metro’s representations, warranties and covenants, Parking Company understands, agrees and acknowledges that Parking Company (i) by the execution of this Agreement, agrees to accept for operating on behalf of Metro the Metered Parking System “AS IS” on the Effective Date and (ii) has inspected the Metered Parking System and is aware of its condition and acknowledges that Metro neither has made nor is making any representation or warranty, express or implied, regarding the condition of the Metered Parking System (or any part thereof) or its suitability for Parking Company’s implementation of the Business Plan, except for representations explicitly provided in Section 9.1(d).
Present Condition. Xxxxxx has examined the Premises and accepts them in their present condition, except as otherwise expressly provided herein, without any representations on the part of the Landlord or its agents as to the term of the lease, surrender and deliver up the Premises in the same good order and condition as said Premises now are, ordinary wear and tear excepted.
Present Condition. |X| (1) Buyer accepts the Property in its present "as-is" condition. Buyer shall pay for any repairs required by a lender.
Present Condition. Buyer accepts the Propertx xx its present condition except that Seller, at Seller's expense, will complete the following before closing: (TAR-1801) 10-18-05 Initialed for Identification by Buyer /s/ ESC and Seller /x/ RPJ Commercial Contract - Improved Property concerning 14402 San Pedro Ave. San Xxxxxxx, XX 00000
