Common use of Present Condition Clause in Contracts

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. 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 at the Effective Date Time of Closing 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).