Common use of Condition of Properties Clause in Contracts

Condition of Properties. The Company, the Operating Partnership or their subsidiaries have received and reviewed property condition reports on all real property owned by the Company, the Operating Partnership and their subsidiaries. Except as otherwise set forth in the Registration Statement, the General Disclosure Package and the Prospectus: (i) none of the real property owned by the Company, the Operating Partnership and their subsidiaries is in violation of any applicable building code, zoning ordinance or other law or regulation, except where such violation of any applicable building code, zoning ordinance or other law or regulation would not, singly or in the aggregate, have a Material Adverse Effect; (ii) none of the Company, the Operating Partnership or any of their subsidiaries has received written notice of any proposed material special assessment or any proposed change in any property tax, zoning or land use laws or availability of water affecting any real property owned by the Company, the Operating Partnership and their subsidiaries that would, singly or in the aggregate, have a Material Adverse Effect; (iii) there does not exist any violation of any declaration of covenants, conditions and restrictions with respect to any real property owned by the Company, the Operating Partnership and their subsidiaries that would, singly or in the aggregate, have a Material Adverse Effect, or any state of facts or circumstances or condition or event that could, with the giving of notice or passage of time, or both, constitute such a violation; and (iv) the developments or improvements comprising any portion of real property owned by the Company, the Operating Partnership and their subsidiaries (the “Developments and Improvements”) are free of any physical, mechanical, structural, design or construction defects that would, singly or in the aggregate, have a Material Adverse Effect and the mechanical, electrical and utility systems servicing the Developments and Improvements (including, without limitation, all water, electric, sewer, plumbing, heating, ventilation, gas and air conditioning) are in good condition and proper working order, reasonable wear and tear and need for routine repair and maintenance excepted, and are free of defects, except for such failures and defects that would not, singly or in the aggregate, have a Material Adverse Effect.

Condition of Properties. The Company, the Operating Partnership or their subsidiaries have Subsidiaries has received and reviewed property condition reports on all real property owned by the Company, the Operating Partnership and their subsidiariesSubsidiaries. Except as otherwise set forth in the Registration Statement, the General Disclosure Package Statement and the Prospectus: (i) none of the real property owned by the Company, the Operating Partnership and their subsidiaries Subsidiaries is in violation of any applicable building code, zoning ordinance or other law or regulation, except where such violation of any applicable building code, zoning ordinance or other law or regulation would not, singly or in the aggregate, have a Material Adverse Effect; (ii) none of the Company, the Operating Partnership or any of their subsidiaries Subsidiaries has received written notice of any proposed material special assessment or any proposed change in any property tax, zoning or land use laws or availability of water affecting any real property owned by the Company, the Operating Partnership and their subsidiaries Subsidiaries that would, singly or in the aggregate, have a Material Adverse Effect; (iii) there does not exist any violation of any declaration of covenants, conditions and restrictions with respect to any real property owned by the Company, the Operating Partnership and their subsidiaries Subsidiaries that would, singly or in the aggregate, have a Material Adverse Effect, or any state of facts or circumstances or condition or event that could, with the giving of notice or passage of time, or both, constitute such a violation; and (iv) the developments or improvements comprising any portion of real property owned by the Company, the Operating Partnership and their subsidiaries Subsidiaries (the “Developments and Improvements”) are free of any physical, mechanical, structural, design or construction defects that would, singly or in the aggregate, have a Material Adverse Effect and the mechanical, electrical and utility systems servicing the Developments and Improvements (including, without limitation, all water, electric, sewer, plumbing, heating, ventilation, gas and air conditioning) are in good condition and proper working order, reasonable wear and tear and need for routine repair and maintenance excepted, and are free of defects, except for such failures and defects that would not, singly or in the aggregate, have a Material Adverse Effect.

Condition of Properties. The Company, the Operating Partnership or their subsidiaries have Subsidiaries has received and reviewed property condition reports on all real property owned by the Company, the Operating Partnership and their subsidiariesSubsidiaries. Except as otherwise set forth in the Registration Statement, the General Disclosure Package and the Prospectus: (i) none of the real property owned by the Company, the Operating Partnership and their subsidiaries Subsidiaries is in violation of any applicable building code, zoning ordinance or other law or regulation, except where such violation of any applicable building code, zoning ordinance or other law or regulation would not, singly or in the aggregate, have a Material Adverse Effect; (ii) none of the Company, the Operating Partnership or any of their subsidiaries Subsidiaries has received written notice of any proposed material special assessment or any proposed change in any property tax, zoning or land use laws or availability of water affecting any real property owned by the Company, the Operating Partnership and their subsidiaries Subsidiaries that would, singly or in the aggregate, have a Material Adverse Effect; (iii) there does not exist any violation of any declaration of covenants, conditions and restrictions with respect to any real property owned by the Company, the Operating Partnership and their subsidiaries Subsidiaries that would, singly or in the aggregate, have a Material Adverse Effect, or any state of facts or circumstances or condition or event that could, with the giving of notice or passage of time, or both, constitute such a violation; and (iv) the developments or improvements comprising any portion of real property owned by the Company, the Operating Partnership and their subsidiaries Subsidiaries (the “Developments and Improvements”) are free of any physical, mechanical, structural, design or construction defects that would, singly or in the aggregate, have a Material Adverse Effect and the mechanical, electrical and utility systems servicing the Developments and Improvements (including, without limitation, all water, electric, sewer, plumbing, heating, ventilation, gas and air conditioning) are in good condition and proper working order, reasonable wear and tear and need for routine repair and maintenance excepted, and are free of defects, except for such failures and defects that would not, singly or in the aggregate, have a Material Adverse Effect.

Condition of Properties. The CompanyCorporation, the Operating Partnership or their subsidiaries Subsidiaries have received and reviewed property condition reports on all real property owned by the CompanyCorporation, the Operating Partnership and their subsidiariesSubsidiaries, and such reports have been delivered or made available to the Purchasers. Except as otherwise set forth in the Registration StatementSpecified SEC Reports or as would not, singly or in the aggregate have a Material Adverse Effect (including when combined with other breaches of the representations and warranties in this Article III), to the collective knowledge of the Corporation, the General Disclosure Package Operating Partnership and the Prospectustheir Subsidiaries: (ia) none of the real property owned by the CompanyCorporation, the Operating Partnership and their subsidiaries Subsidiaries is in violation of any applicable building code, zoning ordinance or other law Law or regulation, except where such violation of any applicable building code, zoning ordinance or other law or regulation would not, singly or in the aggregate, have a Material Adverse Effect; (iib) none of the CompanyCorporation, the Operating Partnership or any of and their subsidiaries Subsidiaries has received written notice of any proposed material special assessment or any proposed change in any property tax, zoning or land use laws or availability of water affecting any real property owned by the CompanyCorporation, the Operating Partnership and their subsidiaries that would, singly or in the aggregate, have a Material Adverse EffectSubsidiaries; (iiic) there does not exist any violation of any declaration of covenants, conditions and restrictions with respect to any real property owned by the CompanyCorporation, the Operating Partnership and their subsidiaries that would, singly or in the aggregate, have a Material Adverse EffectSubsidiaries, or any state of facts or circumstances or condition or event that could, with the giving of notice or passage of time, or both, constitute such a violation; and (ivd) the developments or improvements comprising any portion of real property owned by the CompanyCorporation, the Operating Partnership and their subsidiaries Subsidiaries (the “Developments and Improvements”) are free of any physical, mechanical, structural, design or construction defects that would, singly or in the aggregate, have a Material Adverse Effect and the mechanical, electrical and utility systems servicing the Developments and Improvements (including, without limitation, all water, electric, sewer, plumbing, heating, ventilation, gas and air conditioning) are in good condition and proper working order, reasonable wear and tear and need for routine repair and maintenance excepted, and are free of defects. Except as set forth on Schedule 3.30, except for such failures there are no ongoing Developments and defects that would not, singly Improvements and all ongoing or in the aggregate, completed Developments and Improvements have a Material Adverse Effectbeen fully paid for.

Condition of Properties. The CompanyCorporation, the Operating Partnership or their subsidiaries Subsidiaries have received and reviewed property condition reports on all real property owned by the CompanyCorporation, the Operating Partnership and their subsidiariesSubsidiaries. Except as otherwise set forth in the Registration StatementSpecified SEC Reports, to the General Disclosure Package and the ProspectusCorporation’s knowledge: (ia) none of the real property owned by the CompanyCorporation, the Operating Partnership and their subsidiaries Subsidiaries is in violation of any applicable building code, zoning ordinance or other law or regulation, except where such violation of any applicable building code, zoning ordinance or other law or regulation would not, singly or in the aggregate, have a Material Adverse Effect; (iib) none of the CompanyCorporation, the Operating Partnership or any of and their subsidiaries Subsidiaries has received written notice of any proposed material special assessment or any proposed change in any property tax, zoning or land use laws or availability of water affecting any real property owned by the CompanyCorporation, the Operating Partnership and their subsidiaries Subsidiaries that would, singly or in the aggregate, have a Material Adverse Effect; (iiic) there does not exist any violation of any declaration of covenants, conditions and restrictions with respect to any real property owned by the CompanyCorporation, the Operating Partnership and their subsidiaries Subsidiaries that would, singly or in the aggregate, have a Material Adverse Effect, or any state of facts or circumstances or condition or event that could, with the giving of notice or passage of time, or both, constitute such a violation; and (ivd) the developments or improvements comprising any portion of real property owned by the CompanyCorporation, the Operating Partnership and their subsidiaries Subsidiaries (the “Developments and Improvements”) are free of any physical, mechanical, structural, design or construction defects that would, singly or in the aggregate, have a Material Adverse Effect and the mechanical, electrical and utility systems servicing the Developments and Improvements (including, without limitation, including all water, electric, sewer, plumbing, heating, ventilation, gas and air conditioning) are in good condition and proper working order, reasonable wear and tear and need for routine repair and maintenance excepted, and are free of defects, except for such failures and defects that would not, singly or in the aggregate, have a Material Adverse Effect.

Condition of Properties. The CompanyATA, the Operating Partnership ATA Holdings or their subsidiaries Subsidiaries have received and reviewed property condition reports on all real property owned by the CompanyATA, the Operating Partnership ATA Holdings and their subsidiariesSubsidiaries. Except as otherwise set forth in the Registration StatementSpecified SEC Reports, to the General Disclosure Package and the ProspectusATA Parties’ knowledge: (i) none of the real property owned by the CompanyATA, the Operating Partnership ATA Holdings and their subsidiaries Subsidiaries is in violation of any applicable building code, zoning ordinance or other law or regulation, except where such violation of any applicable building code, zoning ordinance or other law or regulation would not, singly or in the aggregate, have a an ATA Material Adverse Effect; (ii) none of the CompanyATA, the Operating Partnership or any of ATA Holdings and their subsidiaries Subsidiaries has received written notice of any proposed material special assessment or any proposed change in any property tax, zoning or land use laws or availability of water affecting any real property owned by the CompanyATA, the Operating Partnership ATA Holdings and their subsidiaries Subsidiaries that would, singly or in the aggregate, have a an ATA Material Adverse Effect; (iii) there does not exist any violation of any declaration of covenants, conditions and restrictions with respect to any real property owned by the CompanyATA, the Operating Partnership ATA Holdings and their subsidiaries Subsidiaries that would, singly or in the aggregate, have a an ATA Material Adverse Effect, or any state of facts or circumstances or condition or event that could, with the giving of notice or passage of time, or both, constitute such a violation; and (iv) the developments or improvements comprising any portion of real property owned by the CompanyATA, the Operating Partnership ATA Holdings and their subsidiaries Subsidiaries (the “Developments and Improvements”) are free of any physical, mechanical, structural, design or construction defects that would, singly or in the aggregate, have a an ATA Material Adverse Effect and the mechanical, electrical and utility systems servicing the Developments and Improvements (including, without limitation, all water, electric, sewer, plumbing, heating, ventilation, gas and air conditioning) are in good condition and proper working order, reasonable wear and tear and need for routine repair and maintenance excepted, and are free of defects, except for such failures and defects that would not, singly or in the aggregate, have a an ATA Material Adverse Effect.

Condition of Properties. The CompanyCorporation, the Operating Partnership or their subsidiaries Subsidiaries have received and reviewed property condition reports on all real property owned by the CompanyCorporation, the Operating Partnership and their subsidiariesSubsidiaries. Except as otherwise set forth in the Registration StatementSpecified SEC Reports, to the General Disclosure Package and the ProspectusCorporation’s knowledge: (i) none of the real property owned by the CompanyCorporation, the Operating Partnership and their subsidiaries Subsidiaries is in violation of any applicable building code, zoning ordinance or other law or regulation, except where such violation of any applicable building code, zoning ordinance or other law or regulation would not, singly or in the aggregate, have a Material Adverse Effect; (ii) none of the CompanyCorporation, the Operating Partnership or any of and their subsidiaries Subsidiaries has received written notice of any proposed material special assessment or any proposed change in any property tax, zoning or land use laws or availability of water affecting any real property owned by the CompanyCorporation, the Operating Partnership and their subsidiaries Subsidiaries that would, singly or in the aggregate, have a Material Adverse Effect; (iii) there does not exist any violation of any declaration of covenants, conditions and restrictions with respect to any real property owned by the CompanyCorporation, the Operating Partnership and their subsidiaries Subsidiaries that would, singly or in the aggregate, have a Material Adverse Effect, or any state of facts or circumstances or condition or event that could, with the giving of notice or passage of time, or both, constitute such a violation; and (iv) the developments or improvements comprising any portion of real property owned by the CompanyCorporation, the Operating Partnership and their subsidiaries Subsidiaries (the “Developments and Improvements”) are free of any physical, mechanical, structural, design or construction defects that would, singly or in the aggregate, have a Material Adverse Effect and the mechanical, electrical and utility systems servicing the Developments and Improvements (including, without limitation, all water, electric, sewer, plumbing, heating, ventilation, gas and air conditioning) are in good condition and proper working order, reasonable wear and tear and need for routine repair and maintenance excepted, and are free of defects, except for such failures and defects that would not, singly or in the aggregate, have a Material Adverse Effect.