Structural Condition Sample Clauses

Structural Condition. Except as disclosed in writing by Crow to -------------------- Patriot and as contained in any engineering reports concerning the Property delivered to Patriot, to Crow's knowledge, there is no latent material defect in the Improvements or structural elements thereof, mechanical systems (including, without limitation, all heating, ventilating, air conditioning, plumbing, electrical, utility and sprinkler systems) therein, the utility system servicing the Property and the roofs.
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Structural Condition. Except as otherwise disclosed to Buyer, Seller has not received any written notice from any governmental authorities or any third party structural reports or studies that indicate that there are any material structural problems or deficiencies in the Property or any part thereof.
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Structural Condition. The Company has no knowledge of any, and there is no, latent or patent defect in (1) the Improvements or structural elements thereof or mechanical systems therein (including, without limitation, the roof or roofs of the Improvements and all heating, ventilating, air conditioning, plumbing, electrical, utility and sprinkler systems therein), or (2) the Utilities serving the Real Properties which, in each case, would result in a Material Adverse Effect on the Company.
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Structural Condition. Seller has received no written notice of any, and to the best of Seller's knowledge there is no, latent or patent defect in (1) the Improvements or structural elements thereof or mechanical systems therein (including, without limitation, the roof or roofs of the Improvements and all heating, ventilating, air conditioning, plumbing, electrical, utility and sprinkler systems therein) except the defects with respect to the second floor of the building which Seller has heretofore brought to Buyer's attention, or (2) the Utilities (as hereinafter defined) serving the Property. As used herein, "Utilities" shall mean public sanitary and storm sewers, natural gas, telephone, public water facilities, electrical facilities and all other utility facilities and services necessary or appropriate for the operation and occupancy of the Property.
Sample 1
Structural Condition. Except as set forth on Schedule S-5.1(v) or in the Property Inspection Reports, to Seller's Knowledge, each Project, 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, there exists no structural or other material defects or damages in any Project, whether latent or otherwise, and Seller has not received written notice from any insurance company or bonding company of any defects or inadequacies in any Project, or any part thereof, which would materially and 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. Except as set forth on Schedule S-5.1(v) or in the Property Inspection Reports, to Seller's Knowledge, each Project is free from unrepaired damage caused by fire or other casualty. Except as set forth on Schedule S-5.1(v) or in the Property Inspection Reports, to Seller's Knowledge, all liquid and solid waste disposal, septic and sewer systems located on each Project are in a good and safe condition and repair and in compliance in all material respects with all Applicable Laws. Seller has received no written notice of any, and to Seller's Knowledge, there is no, latent or patent defect in (i) the Improvements or structural elements thereof or, mechanical systems therein (including, without limitation, the roof or roofs of the Improvements and all heating, ventilating, air conditioning, plumbing, electrical, utility and sprinkler systems therein) or (ii) the utility system servicing the Projects.
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Structural Condition. The foundation is made of concrete and structural steel materials or combination of both.*
Sample 1
Structural Condition. Except as disclosed in writing by Summerfield to Patriot or Wyndham International, Inc. or their affiliates and as contained in any engineering reports concerning the Property delivered to Patriot, there is to Summerfield's knowledge, no latent material defect in the Improvements or structural elements thereof, mechanical systems (including, without limitation, all heating, ventilating, air conditioning, plumbing, electrical, utility and sprinkler systems) therein, the utility system servicing the Property and the roofs.
Sample 1
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Structural Condition. On or before 5:00 p.m. of the date which is thirteen (13) days from the date of this Agreement, Purchaser shall obtain, at its sole cost and expense, a structural engineering report (the "Report") for the Building. The Report shall be prepared by an independent professional engineering firm chosen by Purchaser. In the event the Report identifies one or more Structural Defects (as defined below) and the estimated cost to remedy such Structural Defects, in the aggregate, exceeds the amount of 1.75% of the purchase price then Purchase shall give written notice to Seller, together with a copy of the Report, requesting that Seller remedy such Structural Defects in the aggregate (the "Structural Notice"). The term "Structural Defect" shall mean any structural repairs or replacements of the Building but shall not include ordinary repairs, individual deferred maintenance items under $10,000, normal wear and tear, and/or repairs or improvements as they may pertain to future tenants. Seller shall have a period of ten (10) business days from receipt of the Structural Notice within which to send Purchaser a written notice electing to either remedy such Structural Defect (which may include giving Purchaser a credit against the Purchase Price in the amount of the estimated cost of such remedy) or terminate this Agreement ("Structural Election Notice"). If Seller's Structural Election Notice elects to terminate this Agreement, Purchaser shall have a period of five (5) business days within which to withdraw its Structural Notice and waive the condition contained in this clause (ix). If Purchaser fails to give a Structural Notice on or before 5:00 p.m. of the date which is thirteen (13) days from the date of this Agreement, it shall be deemed to have waived the condition contained in this claus (ix).
Sample 1
Structural Condition. Any rupture, fracture, corrosion or similar physical defect in any structural component of the platforms included in the Transferred Properties not constituting ordinary wear and tear and not covered by any applicable warranty, insurance policy or maintenance service contract provided at Sellers' expense. SUBJECT MATERIAL. Any substance, product, waste or other material which is, or becomes identified, listed, published or defined as a hazardous substance, hazardous waste, hazardous material, toxic substance, solid waste or pollutant, or which is otherwise regulated or restricted under any Laws or permits, licenses or other Government Authority approvals, including the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), the Superfund Amendments and Reauthorization Act (XXXX), the Hazardous Materials Transportation Act, the Resource Conservation and Recovery Act (RCRA), the Toxic Substances Control Act (TSCA), the Clean Water Act and the Oil Pollution Liability and Compensation Act of 1990 (OPA 90). Without limitation, Subject Material includes hydrocarbons, asbestos and polychlorinated biphenyls.
Sample 1

Related to Structural Condition

  • General Condition The Aircraft will:

  • General Conditions (i) Each party will make each payment or delivery specified in each Confirmation to be made by it, subject to the other provisions of this Agreement.

  • Special Condition With respect to Liability to the Fund or its shareholders, and subject to applicable state and federal law, the Board Member shall be indemnified pursuant to this Section 1 against any Liability unless such Liability arises by reason of the Board Member’s willful misfeasance, bad faith, gross negligence, or reckless disregard of the duties involved in the conduct of his or her office as defined in such Section 17(h) of the Investment Company Act of 1940, as amended (“Disabling Conduct”).

  • SPECIAL CONDITIONS A submitted appeal must;

  • ORIGINAL CONDITIONS A. All reinsurance under this Contract shall be subject to the same rates, terms, conditions, waivers and interpretations and to the same modifications and alterations as the Policy, subject to the terms and conditions of this Contract, and the Reinsurer shall be credited with its exact proportion of the Insured's premiums due to the Company under the Policy.

  • Environmental Condition None of Borrower's or any Subsidiary's properties or assets has ever been used by Borrower or any Subsidiary or, to the best of Borrower's knowledge, by previous owners or operators, in the disposal of, or to produce, store, handle, treat, release, or transport, any hazardous waste or hazardous substance other than in accordance with applicable law; to the best of Borrower's knowledge, none of Borrower's properties or assets has ever been designated or identified in any manner pursuant to any environmental protection statute as a hazardous waste or hazardous substance disposal site, or a candidate for closure pursuant to any environmental protection statute; no lien arising under any environmental protection statute has attached to any revenues or to any real or personal property owned by Borrower or any Subsidiary; and neither Borrower nor any Subsidiary has received a summons, citation, notice, or directive from the Environmental Protection Agency or any other federal, state or other governmental agency concerning any action or omission by Borrower or any Subsidiary resulting in the releasing, or otherwise disposing of hazardous waste or hazardous substances into the environment.

  • Environmental Conditions A Phase I environmental site assessment (or update of a previous Phase I and or Phase II environmental site assessment) and, with respect to certain Mortgage Loans, a Phase II environmental site assessment (collectively, an “ESA”) meeting ASTM requirements conducted by a reputable environmental consultant in connection with such Mortgage Loan within 12 months prior to its origination date (or an update of a previous ESA was prepared), and such ESA (i) did not identify the existence of Recognized Environmental Conditions (as such term is defined in ASTM E1527-05 or its successor, hereinafter “Environmental Condition”) at the related Mortgaged Property or the need for further investigation, or (ii) if the existence of an Environmental Condition or need for further investigation was indicated in any such ESA, then at least one of the following statements is true: (A) an amount reasonably estimated by a reputable environmental consultant to be sufficient to cover the estimated cost to cure any material noncompliance with applicable Environmental Laws or the Environmental Condition has been escrowed by the related Mortgagor and is held or controlled by the related lender; (B) if the only Environmental Condition relates to the presence of asbestos-containing materials, radon in indoor air, lead based paint or lead in drinking water, the only recommended action in the ESA is the institution of such a plan, an operations or maintenance plan has been required to be instituted by the related Mortgagor that can reasonably be expected to mitigate the identified risk; (C) the Environmental Condition identified in the related environmental report was remediated, abated or contained in all material respects prior to the date hereof, and, if and as appropriate, a no further action, completion or closure letter or its equivalent, was obtained from the applicable governmental regulatory authority (or the Environmental Condition affecting the related Mortgaged Property was otherwise listed by such governmental authority as “closed” or a reputable environmental consultant has concluded that no further action or investigation is required); (D) an environmental policy or a lender’s pollution legal liability insurance policy that covers liability for the Environmental Condition was obtained from an insurer rated no less than “A-” (or the equivalent) by Xxxxx’x, S&P and/or Fitch; (E) a party not related to the Mortgagor was identified as the responsible party for the Environmental Condition and such responsible party has financial resources reasonably estimated to be adequate to address the situation; or (F) a party related to the Mortgagor having financial resources reasonably estimated to be adequate to address the situation is required to take action. To Seller’s knowledge, except as set forth in the ESA, there is no Environmental Condition at the related Mortgaged Property.

  • Financial Conditions Section 4.01. (a) The Recipient shall maintain or cause to be maintained a financial management system, including records and accounts, and prepare financial statements in a format acceptable to the Bank, adequate to reflect the operations, resources and expenditures in respect of the Project and each Sub-project (including its cost and the benefits to be derived from it).

  • Physical Condition Except as disclosed in the Physical Conditions Reports delivered to Lender in connecting with this Loan, 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; there exists no structural or other material defects or damages in the Property, whether latent or otherwise, and 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.

  • Financial Condition There shall have been no material adverse change, as determined by Bank, in the financial condition or business of Borrower, nor any material decline, as determined by Bank, in the market value of any collateral required hereunder or a substantial or material portion of the assets of Borrower.

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