Buyer’s Independent Investigation. (a) By Buyer electing to proceed under Section 2.2, Buyer will be deemed to have acknowledged and agreed that it has been given a full opportunity to inspect and investigate each and every aspect of the Property, either independently or through agents of Buyer’s choosing, including, without limitation:
Buyer’s Independent Investigation. Buyer and its Representatives have undertaken an independent investigation and verification of the Company Assets and the business, operations, and financial condition of the Company. Except for the representations and warranties made by Seller and the Company in this Agreement, Buyer acknowledges that there are no representations or warranties, express or implied, as to the Company Assets or the condition (financial or otherwise), assets, liabilities, operations, business or prospects of the Company.
Buyer’s Independent Investigation. 7.3.1. Buyer has been given, or will be given before the end of the Due Diligence Period, assuming compliance by Seller with the terms of this Agreement, a full opportunity to inspect and investigate each and every aspect of the Property, either independently or through agents of Buyer’s choosing, including, without limitation:
Buyer’s Independent Investigation. Buyer acknowledges that it has analyzed and become familiar with the Operating Assets, the Xxxxx Property and the Leased Property and has made such independent investigations as Buyer deems necessary or appropriate concerning the condition of the Operating Assets, the Xxxxx Property and the Leased Property and the suitability thereof for Buyer's potential purchase, development and use. Buyer acknowledges that it has been made aware that the septic system for the Xxxxx Property and the Leased Property does not have a xxxxx field and the septic tanks for the Xxxxx Property and the Leased Property must be regularly emptied by a third-party service provider. Buyer acknowledges that except as specifically provided for in Section 6 herein, (i) the Operating Assets and the Xxxxx Property are being sold and that the Lease and the Option are being assigned "AS IS - WHERE IS," and (ii) Seller is making no representation or warranty regarding the Operating Assets, the Xxxxx Property, the Lease, the Option, the Leased Property or the transactions contemplated herein. Seller shall not be liable for any failure to investigate the Xxxxx Property and Leased Property nor shall Seller be bound in any manner by any verbal or written statements, representations, appraisals, environmental assessment reports, or other information pertaining to the Xxxxx Property and Leased Property or the operation thereof, furnished by Seller or by any real estate broker, attorney, agent, representative, employee, servant or other person acting on Seller's behalf, except for the express representations and warranties of Seller set forth in this Agreement. It is expressly understood and agreed that the amount of the Purchase Price reflects, and the Xxxxx Property is being sold by Seller and purchased by Buyer and the Lease and the Option are being assigned to Buyer subject to, the foregoing disclaimers, which shall survive the Closing.
Buyer’s Independent Investigation. (a) Buyer, for itself and any successors or assigns (including any Permitted Assignees), acknowledges and agrees that it has been given the full opportunity to inspect and investigate each and every aspect of each Property, either independently or through agents, representatives or experts of Buyer's choosing, as Buyer considers necessary or appropriate, and that Buyer is completely satisfied with such independent investigation (but the foregoing will not constitute a waiver of any breach of representation or warranty set forth in Section 4.1 unless such breach is disclosed in the Due Diligence Materials or is otherwise known by Buyer and/or any Permitted Assignee before the Closing Date and Buyer and/or such Permitted Assignee(s) elect to proceed with the Closing). Such independent investigation by Buyer may include, without limitation:
Buyer’s Independent Investigation. Buyer acknowledges and agrees that it has been given or will be given before the close of escrow hereunder, a full opportunity to inspect and investigate each and every aspect of the Property, either independently or through agents and consultants of Buyer's choosing, including, without limitation:
Buyer’s Independent Investigation. THE PURCHASED ASSETS ARE BEING CONVEYED AAS IS,@ AWHERE IS@ AND AWITH ALL FAULTS@ ON THE DATE HEREOF AND ON THE CLOSING DATE. EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES CONTAINED IN ARTICLE IV OF THIS AGREEMENT, SELLER MAKES NO OTHER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY, INCLUDING REPRESENTATIONS OR WARRANTIES AS TO THE CONDITION OF THE PURCHASED ASSETS, THEIR CONTENTS, THEIR FITNESS FOR ANY INTENDED USE, THE INCOME DERIVED OR POTENTIALLY TO BE DERIVED FROM THE PURCHASED ASSETS OR THE BUSINESS, OR THE EXPENSES INCURRED OR POTENTIALLY TO BE INCURRED IN CONNECTION WITH THE PURCHASED ASSETS OR THE BUSINESS. BUYER HEREBY ACKNOWLEDGES THAT BUYER IS ACQUIRING THE PURCHASED ASSETS BASED SOLELY UPON BUYER'S OWN INDEPENDENT INVESTIGATIONS AND INSPECTIONS OF THE PURCHASED ASSETS AND NOT IN RELIANCE UPON ANY INFORMATION PROVIDED BY SELLER, ITS AFFILIATES, EMPLOYEES AND/OR AGENTS, EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT. BUYER ACKNOWLEDGES THAT SELLER SPECIFICALLY DISCLAIMS ANY WARRANTY, GUARANTY OR REPRESENTATION, ORAL OR WRITTEN, PAST OR PRESENT, EXPRESS OR IMPLIED, CONCERNING THE PURCHASED ASSETS OR SELLER'S TITLE THERETO.
Buyer’s Independent Investigation. (a) During the Feasibility Period, Buyer acknowledges that it will investigate to the extent deemed necessary by Buyer, all matters relating to title and governmental regulations affecting the Property, together with all governmental and other legal requirements such as taxes, assessments, zoning, use permit requirements and building codes. In addition, Buyer and its representatives, agents, consultants and contractors shall have the right to enter the Property, or applicable portion thereof, to inspect it, including, without limitation, the interior, the exterior, the structure, the paving, the utilities, and all other physical and functional aspects of the Property (each, a “Buyer Inspection”) subject to the following terms and conditions:
Buyer’s Independent Investigation. 8.2.1 Buyer has been given, or will be given before the end of the Due Diligence Period, a full opportunity to inspect and investigate the Property and the Cowboys Ownership Interests, either independently or through agents of Buyer’s choosing, including, without limitation:
Buyer’s Independent Investigation. 6.1.1. By Buyer electing to proceed by delivering an Approval Notice, Buyer will be deemed to have acknowledged and agreed that it has been given a full opportunity to inspect and investigate each and every aspect of the Property, either independently or through agents of Buyer’s choosing, including, without limitation: (a) all matters relating to title and survey, together with all governmental and other legal requirements such as taxes, assessments, zoning, use permit requirements and building codes; and (b) the physical condition and aspects of the Real Property, including, without limitation, the interior, the exterior, the square footage within the improvements on the Real Property, the structure, seismic aspects of the Real Property, the foundation, roof, paving, parking facilities, utilities, and all other physical and functional aspects of the Real Property. Such examination of the physical condition of the Real Property may include, at Buyer’s election, an examination for the presence or absence of Hazardous Substances. For purposes of this Agreement, “
