Soil Condition Clause Samples

Soil Condition. The Licensee hereby acknowledges that, prior to executing this License Agreement, it was advised by Imperial that: (a) the Property may have previously been used for the storage, sale or transfer of fertilizer products, agricultural chemicals, petroleum products, other hydrocarbons, or their derivatives and additives and that discharges of such products, other hydrocarbons, derivatives and additives into the soil and/or groundwater may have occurred from time to time in the past which may now affect surface and subsurface conditions in, on or under the Property; and (b) certain above ground or underground structures (ie. foundations, supports, tanks, lines, pipelines, monitoring ▇▇▇▇▇ and related installations) may exist or may have formerly existed in, on or under the Property. The Licensee hereby acknowledges and agrees that it shall use the Property in its current state, at its sole risk, in an "as is, where is" condition, and shall take no steps to disturb the soils or the Contaminants therein. The Licensee hereby covenants and agrees to maintain the Property in a clean and safe condition throughout the term of this License Agreement, and shall arrange for all necessary snow ploughing, salting, clearing of sidewalks, landscaping, garbage removal, fence repairs and other maintenance as would a prudent owner during the term of this License Agreement, all at the Licensee's sole cost and expense. Notwithstanding anything to the contrary elsewhere expressed or implied in this License Agreement, Imperial shall have the right, at its option, to terminate this License Agreement, without any compensation to the Licensee whatsoever, upon thirty (30) days prior written notice to the Licensee in the event Imperial has received notice of a Remedial Order and it is Imperial’s reasonable opinion that it shall require vacant possession to comply with the Remedial Order. If the Remedial Order requires Imperial to remediate the Property within sixty (60) days or sooner, then the amount of notice Imperial is required to deliver to terminate this License Agreement shall be shortened to such period of time as Imperial deems appropriate, acting reasonably. For the purpose of this License Agreement:

Soil Condition. To the best of Seller's knowledge, the soil condition of the Land is such that it will support all of the Improvements for the foreseeable life of the Improvements, without the need for unusual or new sub-surface excavations, fill, footings, caissons or other installations. To the best of Seller's knowledge, the Improvements, as built, were constructed in a manner compatible with the soil condition at the time of construction, and all necessary excavations, fill, footings, caissons or other installations were then and have since been provided.

Soil Condition. To TAG's knowledge, the soil condition of the -------------- Land is such that it will support all of the Improvements for the foreseeable life of the Improvements, without the need for unusual or new sub-surface excavations, fill, footings, caissons or other installations. To TAG's knowledge, the Improvements, as built, were constructed in a manner compatible with the soil condition at the time of construction, and all necessary excavations, fill, footings, caissons or other installations were then and have since been provided. There are no adverse geological or soil conditions affecting the Properties.

Soil Condition. Borrower shall have submitted to the Bank evidence, satisfactory to the Bank, that the soil condition at the Premises is suitable for the construction of the Project Facility and does not contain any hydric soils.

Soil Condition. In accordance with the provisions of §42-608 of the District of Columbia Code, according to the “Soil Survey of the District of Columbia” (prepared by the United States Department of Agriculture, Soil Conservation Service, and issued July 1976) at page 50 and map sheet 9 at the back of the publication, the condition of the soil of the Land is that of “Urban Land” (Ub). Further information concerning the characteristic of the soil and the Land may be obtained from a soil testing laboratory, the District of Columbia Department of Environmental Services or the Soil Conservation Service of the Department of Agriculture.

Soil Condition. To Seller's knowledge, the soil condition of the -------------- Land is such that it will support all of the Improvements for the foreseeable life of the Improvements, without the need for unusual or new sub-surface excavations, fill, footings, caissons or other installations. To Seller's knowledge, the Improvements, as built, were constructed in a manner compatible with the soil condition at the time of construction, and all necessary excavations, fill, footings, caissons or other installations were then and have since been provided. There are no adverse geological or soil conditions affecting the Property.

Soil Condition. The Borrower shall have submitted to the Lender evidence, satisfactory to the Lender, that the soil condition at the Facility is suitable for the construction of the Improvements and does not contain any Hydric Soils.

Soil Condition. To the best of Seller’s Knowledge, there are no defects or conditions of the soil that will impair the present use and operation of the Property.