Common use of Property Conveyed Clause in Contracts

Property Conveyed. As Is". It is understood and agreed that, except as expressly set forth in this agreement or in the Closing Documents (as hereinafter defined), Seller has made no, is not making any, and disclaims any and all, warranties or representations of any kind or character, express or implied, with respect to the property, including, by not limited to, warranties related to suitability for habitation or intended use, merchantability or fitness for a particular purpose or warranties or representations as to the condition of the property, matters of title (other than Seller's warranty of Title set forth in the Special Warranty Deed and Xxxx of Sale to be executed and delivered at the Closing), use, income potential, availability of access, ingress or egress, expenses, operating history or projections, valuation, governmental approvals, compliance with governmental regulations or any other matter or thing relating to or affecting the property. Buyer agrees that with respect to the property, Buyer has not relied upon and will not rely upon, either directly or indirectly, any Representation or Warranty of Seller except for Specific Representations and Warranties of Seller set forth in this Agreement or in the Closing Documents. Buyer represents that it is a knowledgeable buyer of real estate (and particularly hotels) and that, except for Specific Representations and Warranties of Seller set forth in this Agreement or in the Closing Documents, it is relying solely on its own expertise and that of Buyer's Consultants, and that Buyer will conduct such inspections and investigations of the Property, including, but not limited to, the physical and environmental conditions thereof, and shall rely upon same, and upon the Closing, shall assume the risk that adverse matters, including, but not limited to, adverse physical and environmental conditions, may not have been revealed by Buyer's inspections and investigations. Buyer agrees that with respect to the Specific Representations and Warranties set forth in this Agreement or in the Closing Documents, Seller shall not be liable for any special, indirect, punitive, exemplary, or other similar types of damages resulting or arising from or related to the ownership, use, condition, location, maintenance, repair or operation of the Property. Buyer acknowledges and agrees that upon the Closing, Seller shall sell and convey to Buyer and Buyer shall accept the property "as is, where is" , with all faults, and there are no oral agreements, warranties or representations, collateral to or affecting the property by Seller, Seller's Agents or Representatives, or any third party. Buyer acknowledges that any condition at the Property Buyer discovers or desires to repair, correct or improve prior to or after the Closing shall be at Buyer's sole expense. The Terms and Conditions of this Section 3 shall expressly survive the Closing and not merge therein and shall be incorporated into the Special Warranty Deed to be executed and delivered at the Closing.

Property Conveyed. “As Is"”. It is understood and agreed that, except Other than as expressly set forth in this agreement or in the Closing Documents (as hereinafter defined)Sections 6.1 and 9, Seller has made no, is not making any, and specifically disclaims any and allwarranty, warranties guaranty or representations representation of any kind or character, express or implied, with respect to the propertyProperty, including, by but not limited to, warranties related to suitability for habitation or intended use, merchantability or fitness for a particular purpose or warranties or representations as to the condition of the property, matters of title (other than Seller's warranty of Title set forth in the Special Warranty Deed and Xxxx of Sale to be executed and delivered at the Closing)title, usezoning, income potentialtax consequences, physical or environmental conditions, availability of access, ingress or egress, expenses, operating history or projections, valuation, governmental approvals, compliance with governmental regulations or any other matter or thing relating to or affecting the propertyProperty. Buyer agrees that with respect Purchaser acknowledges it is a knowledgeable purchaser of real estate and that, except for Seller’s representations set forth in Sections 6.1 and 9, it is purchasing the Property solely in reliance on its own expertise and investigations and those of Purchaser’s agents and that, prior to the propertyexecution of this Agreement, Buyer Purchaser has had a full and complete opportunity to conduct such investigations, examinations, inspections and analysis of the Property as Purchaser, in its sole and absolute discretion, may determine, and will rely upon same. In consideration of the agreements of Seller herein, Purchaser expressly acknowledges that, other than as expressly set forth in this Agreement, Seller makes no representations or warranties, express or implied, or arising by operation of law, including, but not limited to, any warranty of value, condition, habitability, merchantability, marketability, profitability, suitability or fitness for a particular purpose or use of the Property. In consideration of the agreements of Seller in this Agreement, except as expressly provided for in this Agreement, Purchaser (i) acknowledges that, other than as set forth in this Agreement, it has not relied upon and will not rely upon, either directly or indirectly, any Representation representation or Warranty warranty of or any statements, information or other material provided by Seller except for Specific Representations and Warranties or any agent of Seller set forth in this Agreement or in the Closing Documents. Buyer represents that it is a knowledgeable buyer of real estate Seller, (and particularly hotelsii) and that, except for Specific Representations and Warranties of Seller set forth in this Agreement or in the Closing Documents, it is relying solely on its own expertise and that of Buyer's Consultants, and that Buyer will conduct such inspections and investigations of the Property, including, but not limited to, the physical and environmental conditions thereof, and shall rely upon same, and upon the Closing, shall assume assumes the risk that adverse matters, including, but not limited to, adverse physical physical, financial and environmental conditions, may not have been revealed by Buyer's inspections and investigations. Buyer agrees that with respect to the Specific Representations and Warranties set forth in this Agreement or in the Closing Documents, Seller shall not be liable for any special, indirect, punitive, exemplary, or other similar types of damages resulting or arising from or related to the ownership, use, condition, location, maintenance, repair or operation of the Property. Buyer acknowledges and agrees that upon the Closing, Seller shall sell and convey to Buyer and Buyer shall accept the property "as is, where is" , with all faults, and there are no oral agreements, warranties or representations, collateral to or affecting the property by Seller, Seller's Agents or Representatives, or any third party. Buyer acknowledges that any condition at the Property Buyer discovers or desires to repair, correct or improve prior to or after the Closing shall be at Buyer's sole expense. The Terms and Conditions of this Section 3 shall expressly survive the Closing and not merge therein and shall be incorporated into the Special Warranty Deed to be executed and delivered at the Closing.environmental

Property Conveyed. As Is". It is understood and agreed that, except as expressly set forth in this agreement or in the Closing Documents (as hereinafter defined), Seller has made no, is not making any, and disclaims any and all, warranties or representations of any kind or character, express or implied, with respect to the property, including, by not limited to, warranties related to suitability for habitation or intended use, merchantability or fitness for a particular purpose or warranties or representations as to the condition of the property, matters of title (other than Seller's warranty of Title set forth in the Special Warranty Deed and Xxxx of Sale to be executed and delivered at the Closing), use, income potential, availability of access, ingress or egress, expenses, operating history or projections, valuation, governmental approvals, compliance with governmental regulations or any other matter or thing relating to or affecting the property. Buyer agrees that with respect to the property, Buyer has not relied upon and will not rely upon, either directly or indirectly, any Representation or Warranty of Seller except for Specific Representations and Warranties of Seller set forth in this Agreement or in the Closing Documents. Buyer represents that it is a knowledgeable buyer of real estate (and particularly hotels) and that, except for Specific Representations and Warranties of Seller set forth in this Agreement or in the Closing Documents, it is relying solely on its own expertise and that of Buyer's Consultants, and that Buyer will conduct such inspections and investigations of the Property, including, but not limited to, the physical and environmental conditions thereof, and shall rely upon same, and upon the Closing, shall assume the risk that adverse matters, including, but not limited to, adverse physical and environmental conditions, may not have been revealed by Buyer's inspections Inspections and investigations. Buyer agrees that with respect to the Specific Representations and Warranties set forth in this Agreement or in the Closing Documents, Seller shall not be liable for any special, indirect, punitive, exemplary, or other similar types of damages damages% resulting or arising from or related to the ownership, use, condition, location,, maintenance, repair or operation of the Property. Buyer acknowledges and agrees that upon the Closing, Seller shall sell and convey to Buyer and Buyer shall accept the property "as is, where is" ", with all faults, and there are no oral agreements, warranties or representations, collateral to or affecting the property by Seller, Seller's Agents or Representatives, or any third party. Buyer acknowledges that any condition at the Property Buyer discovers or desires to repair, correct or improve prior to or after the Closing shall be at Buyer's sole expense. The Terms and Conditions of this Section 3 shall expressly survive the Closing and not merge therein and shall be incorporated into the Special Warranty Deed to be executed and delivered at the Closing.

Property Conveyed. As Is". It is understood and agreed that, except as expressly set forth in this agreement or in the Closing Documents (as hereinafter defined), Seller has made no, is not making any, and disclaims any and all, warranties or representations of any kind or character, express or implied, with respect to the property, including, by not limited to,, warranties related to suitability for habitation or intended use, merchantability or fitness for a particular purpose or warranties or representations as to the condition of the property, matters of title (other than Seller's warranty of Title set forth in the Special special Warranty Deed and Xxxx of Sale to be executed and delivered at the Closing), use, income potential, availability of access, ingress or egress, expenses, operating history or projections, valuation, governmental approvals, compliance with governmental regulations or any other matter or thing relating to or affecting the property. Buyer agrees that with respect to the property, Buyer has not relied upon and will not rely upon, either directly or indirectly, any Representation or Warranty of Seller except for Specific Representations and Warranties of Seller set forth in this Agreement or in the Closing Documents. Buyer represents that it is a knowledgeable buyer of real estate (and particularly hotels) and that, except for Specific Representations and Warranties of Seller set forth in this Agreement or in the Closing Documents, it is relying solely on its own expertise and that of Buyer's Consultants, and that Buyer will conduct such inspections and investigations of the Property, including, but not limited to, the physical and environmental conditions thereof, thereof and shall rely upon same, and upon the Closing, shall assume the risk that adverse matters, including, but not limited to, adverse physical and environmental conditions, may not have been revealed by Buyer's inspections and investigations. Buyer agrees that with respect to the Specific Representations and Warranties set forth in this Agreement or in the Closing Documents, Seller shall not be liable for any special, indirect, punitive, exemplary, or other similar types of damages resulting or arising from or related to the ownership, use, condition, location, maintenance, repair or operation of the Property. Buyer acknowledges and agrees that upon the Closing, Seller shall sell and convey to Buyer and Buyer shall accept the property "as is, where is" ", with all faults, and there are no oral agreements, warranties or representations, collateral to or affecting the property by Seller, Seller's Agents or Representatives, or any third party. Buyer acknowledges that any condition at the Property Buyer discovers or desires to repair, correct or improve prior to or after the Closing shall be at Buyer's sole expense. The Terms and Conditions of this Section 3 shall expressly survive the Closing and not merge therein and shall be incorporated into the Special Warranty Deed to be executed and delivered at the Closing.