Structural Issues Clause Samples

Structural Issues. To the best of Seller's knowledge, the Improvements and the Personal Property are free from any material physical, mechanical or structural defects. Except with respect to the warranties set forth in Section 6.1 hereof, Seller has not made any warranty or representation, express or implied, written or oral, concerning the Property, including without limitation any representations relating to Hazardous Materials (as defined in Section 6.3(c) below). All representations and warranties of Seller contained herein are intended to and shall remain true and correct as of the Closing and shall survive the delivery of the Deed for a period of twelve (12) months after Closing and shall thereafter expire unless a claim thereunder has been commenced in compliance with the next sentence and diligently pursued thereafter. Any claims by Purchaser with respect to such representations or warranties shall be commenced by written notice to Seller within said six (12) twelve month period and shall be diligently pursued thereafter or shall be deemed waived by Purchaser. Notwithstanding the foregoing, Purchaser shall have no claim against Seller with respect to the representations and warranties set forth in this Section 6.1 if Purchaser had actual knowledge that a representation or warranty was untrue or inaccurate or incorrect as of the time of Closing and Purchaser nevertheless chose to proceed with Closing hereunder. Whenever in this Agreement a representation of Seller is based on the "Seller's knowledge" or words of similar import, such reference shall be deemed to be to the actual knowledge of ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, ▇▇., without investigation or inquiry of any kind other than due inquiry of ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ of The Colorado Group, Inc., the managing agent of the Property. There shall be no personal liability to said individuals arising out of said representations or warranties. Except for ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, ▇▇., no knowledge of parties affiliated with, employed by, or related by agency to Seller shall be imputed to Seller or to the above-named persons. Notwithstanding anything to the contrary contained in this Agreement, the aggregate amount which may be collected by Purchaser pursuant to the representations and warranties of Seller set forth herein shall not exceed $500,000.

Structural Issues. The Company does not take responsibility for any shading, cracking, chipping, or variations in swimming pool coatings. Since coatings are composed of natural materials and applied in numerous separately mixed batches, a certain amount of shading, staining, and color variations should be expected. Calcium rich coatings can cause mineral saturation in the pool water. Calcium deposits can form on water tile line and on pool coatings. Salt can greatly increase the Total Dissolved Solids in water. Different forms of staining do occur in all pools and with proper chemistry can be held to a minimum. The Company does not take responsibility for damages or staining caused by oils, scum build up, and/or the decay of natural materials introduced into the water through acts of nature, swimming, or gardening services. The Company does not take responsibility for damages to the structure caused by vandalism. Regular partial or full structure draining(s) will be necessary throughout the life of the swimming pool to reduce calcium and metal saturation and minimize plaster issues.

Structural Issues