Common use of Condition of Facilities Clause in Contracts

Condition of Facilities. (a) Use of the Real Property for the various purposes for which it is presently being used is permitted as of right under all applicable land and building use legal requirements. All Improvements are in compliance with all applicable legal requirements, are in good repair and in good condition, ordinary wear and tear excepted, except for such minor defects as do not interfere with the continued use of such Improvements in the conduct of the normal operations of the Business. No part of any Improvement encroaches on any land not included in the Real Property, and there are no buildings, structures, fixtures or other Improvements primarily situated on adjoining property which encroach on any part of the Land. The Land for each owned Facility abuts on and has direct vehicular access to a public road or has access to a public road via a permanent arrangement benefiting such Land and comprising a part of the Real Property, is supplied with public or quasi-public utilities and other services appropriate for the operation of the Facilities located thereon and is not located within any area subject to special environmental regulation as an environmentally sensitive area or any similar restriction. Seller, after reasonable inquiry, is unaware of any plan or proposed plan to modify or realign any street or highway or any existing or proposed requisition proceeding that would result in the taking of all or any part of any Facility or that would prevent or hinder the continued use of any Facility as heretofore used in the conduct of the Business.

Condition of Facilities. (a) Use of the Real Property for the various purposes for which it is presently being used is permitted as of right under all applicable land zoning legal requirements and building is not subject to “permitted nonconforming” use legal requirementsor structure classifications. All Improvements improvements are in compliance with all applicable legal requirements, including those pertaining to zoning, building and the disabled, are in good repair and in good condition, ordinary wear and tear excepted, except for such minor defects as do not interfere with the continued use of such Improvements in the conduct of the normal operations of the Businessand are free from latent and patent defects. No part of any Improvement improvement encroaches on any land real property not included in the Real Property, and there are no buildings, structures, fixtures or other Improvements improvements primarily situated on adjoining property which encroach on any part of the LandReal Property. The Land land for each owned Facility the Real Property abuts on and has direct vehicular access to a public road or has access to a public road via a permanent arrangement permanent, irrevocable, appurtenance easement benefiting such Land Real Property and comprising a part of the Real Property, is supplied with public or quasi-public utilities and other services appropriate for the operation of the Facilities business located thereon and is not located within any flood plain or area subject to special environmental regulation as an environmentally sensitive area wetlands regulations or any similar restriction. Seller, after reasonable inquiry, There is unaware of any plan no existing or proposed plan to modify or realign any street or highway or any existing or proposed requisition proceeding eminent domain proceedings that would result in the taking of all or any part of any Facility the Real Property or that would prevent or hinder the continued use of any Facility improvements as heretofore are currently used in the conduct of the Businessbusiness of the Company.

Condition of Facilities. (a) Use of the Real Property for the various purposes for which it is presently being used is permitted as of right under all applicable land and building use zoning legal requirements. All Improvements are in compliance with all applicable legal requirementsLegal Requirements, including those pertaining to zoning, building and the disabled, are in reasonably good repair and in reasonably good condition, ordinary wear and tear excepted, except for such minor defects as do not interfere with and are free from latent and patent defects. To the continued use of such Improvements in the conduct Knowledge of the normal operations of the Business. No Seller, no part of any Improvement encroaches on any land real property not included in the Real Property, and there are no buildings, structures, fixtures or other Improvements primarily situated on adjoining property which encroach on any part of the Land. The Land for each owned Facility abuts on and has direct vehicular access to a public road or has access to a public road via a permanent arrangement permanent, irrevocable, appurtenant easement benefiting such Land and comprising a part of the Real Property, is supplied with public or quasi-public utilities and other services appropriate for the operation of the Facilities located thereon and is not located within any area subject to special environmental wetlands regulation as an environmentally sensitive area or any similar restriction. To the Knowledge of Seller, after reasonable inquiry, there is unaware of any plan no existing or proposed plan to modify or realign any street or highway or any existing or proposed requisition proceeding that would result in the taking of all or any part of any Facility or that would prevent or hinder the continued use of any Facility as heretofore used in the conduct of the Businessbusiness of Seller.