Physical Condition of the Property. The quality, nature and adequacy of the physical condition of the Property, including, without limitation, the quality of the design, labor and materials used to construct the improvements included in the Property; the condition of structural elements, foundations, roofs, glass, mechanical, plumbing, electrical, HVAC, sewage, and utility components and systems; the capacity or availability of sewer, water, or other utilities; the geology, flora, fauna, soils, subsurface conditions, groundwater, landscaping, and irrigation of or with respect to the Property, the location of the Property in or near any special taxing district, flood hazard zone, wetlands area, protected habitat, geological fault or subsidence zone, hazardous waste disposal or clean-up site, or other special area, the existence, location, or condition of ingress, egress, access, and parking; the condition of the personal property and any fixtures; and the presence of any asbestos or other Hazardous Materials, dangerous, or toxic substance, material or waste in, on, under or about the Property and the improvements located thereon. “Hazardous Materials” means (A) those substances included within the definitions of any one or more of the terms “hazardous substances,” “toxic pollutants”, “hazardous materials”, “toxic substances”, and “hazardous waste” in the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601 et seq. (as amended), the Hazardous Materials Transportation Act, as amended, 49 U.S.C. Sections 1801 et seq., the Resource Conservation and Recovery Act of 1976 as amended, 42 U.S.C. Section 6901 et seq., Section 311 of the Clean Water Act, 15 U.S.C. § 2601 et seq., 33 U.S.C. § 1251 et seq., 42 U.S.C. 7401 et seq. and the regulations and publications issued under any such laws, (B) petroleum, radon gas, lead based paint, asbestos or asbestos containing material and polychlorinated biphenyls and (C) mold or water conditions which may exist at the Property or other matters governed by any applicable federal, state or local law or statue.
Physical Condition of the Property. (a) Buyer acknowledges that it has examined and inspected, and is satisfied with, the physical condition of the Property and the improve- ments thereon. BUYER EXPRESSLY AGREES THAT THE PROPERTY IS OR WILL BE SOLD “AS IS, WHERE IS, WITH ALL FAULTS”, WITHOUT ANY WARRANTY OR REPRESENTATION, EXPRESS, IMPLIED, OR ARISING BY OPERATION OF LAW, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF CONDITION, HABITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND SUBJECT TO ORDINARY WEAR AND TEAR OCCURRING AFTER THE DATE HEREOF. Buyer acknowledges and agrees that the deed to be executed by Seller will have the following language in it: SALE OF THE PROPERTY IS AND SHALL BE "AS IS" FOR ALL PURPOSES. EXCEPT FOR THE WARRANTY OF TITLE CONTAINED HEREIN NO REPRESENTATIONS BY GRANTORS HAVE BEEN MADE OR SHALL BE MADE AND NO WARRANTIES, EITHER EXPRESS OR IMPLIED (INCLUDING NOT EXCLUSIVELY ANY WARRANTY OF FITNESS OR SUITABILITY OF THE PROPERTY (OR THE IMPROVEMENTS THEREON) FOR ANY PARTICULAR USE OR PURPOSE), ARE GIVEN OR SHALL EXIST. NOT BY WAY OF EXCLUSION, GRANTEE ACKNOWLEDGES THAT GRAN- TORS HAVE MADE AND WILL MAKE NO REPRESENTATIONS OR WARRANTIES CONCERNING: (I) THE LAND AREA OF THE PROPERTY, (II) THE ACTUAL AREA OR RENTABLE AREA OF THE IMPROVEMENTS ON THE PROPERTY, (III) THE INCOME WHICH MAY BE EXPECTED FROM OPERATING THE IMPROVEMENTS ON THE PROPERTY, (IV) ANY OTHER ASPECT OR CONDITION OF SUCH IMPROVEMENTS OR ANY SYS- TEMS OR SERVICES OF THE PROPERTY, (V) THE PRESENCE OR ABSENCE ON, NEAR OR ABOUT THE PROPERTY OF ANY GASOLINE STORAGE TANK, ASBESTOS, OR HAZARDOUS OR TOXIC MATERIALS OR SUBSTANCES AS DEFINED BY APPLICABLE FEDERAL, STATE OR LOCAL LAW, REGULATION OR ORDINANCE, OR (VI) THE PRESENCE OR ABSENCE ON OR NEAR THE PROPERTY OF ANY FLOOD ZONE. GRANTEE ACKNOWLEDGES THAT ITS PURCHASE OF THE PROPERTY AND THE AMOUNT OF THE SALES PRICE ARE BASED SOLELY ON ITS INSPEC- TIONS AND EVALUATIONS OF THE PROPERTY AND NOT UPON ANY REPRESENTATIONS BY GRANTORS, ANY AFFILIATE OF GRANTORS, OR ANYONE ACTING ON BEHALF OF GRANTORS. Buyer further acknowledges that Seller has neither made nor extended to Buyer any representation, warranty or indemnity with regard to the environmental condition of the Property or with regard to its compliance with the Americans with Disabilities Act of 1990, if applicable, and Buyer hereby assumes sole responsibility therefore, indemnifies and agrees to hold Seller, its affiliates, agents, directors, employees and attorneys harmless from and waives any...
Physical Condition of the Property. The owner shall, for the term of this use agreement, maintain the property in a condition that is decent, safe and sanitary, and in good repair. It shall do so in conformity with HUD requirements at 24 CFR Part 5, Subpart G, or any successor regulation.
Physical Condition of the Property. This property is being sold “as is” except as may be expressly represented herein, in the exhibits attached hereto and in the documents to be executed and delivered by Seller to Buyer at Closing. Seller does not make any claims or promises about the condition or value of any property included in this sale. Buyer makes this offer in full reliance upon his own independent investigation and judgment. There are no verbal agreements, which modify or affect this offer. The acceptance of a quit claim deed by Buyer shall be deemed to be the full performance of every obligation of the part of Seller. Seller shall make the Property available for all inspections and tests upon reasonable notice by Buyer.
Physical Condition of the Property. Subject only to the provisions of paragraph 18, the Property is being sold “As Is, Where Is” and “with all faults and defects”, and Buyer acknowledges that Seller has not made and Buyer has not relied upon any representation or warranty regarding the Property. Seller does not make any claims or promises whatsoever about the Property including, without limitation, the condition or value of the Property, or the quality, quantity or rate of flow of the well water on the Property. Neither Seller nor Xxxxxxx makes any representations as to the presence or absence of any hazardous or toxic substances on the Property.
Physical Condition of the Property. The Buyer acknowledges that he/she, either personally or by representative, has had the opportunity to adequately inspect and is aware of the present condition of the described real property, including the dwelling and other improvements thereon, and the Buyer expressly agrees to accept the same in its present existing condition, “AS IS”. It is understood and agreed that the Buyer does not rely upon any representations made by the Seller or his/her agents, but rather relies solely upon the Buyer’s own examination and inspection of the described property. It is understood and agreed that the described property are accepted by the Buyer without any warranty on the part of the Seller or his/her agents, except as to insurable title.
Physical Condition of the Property. The quality, nature and adequacy of the physical condition of the Property, including, without limitation, the quality of the design, labor and materials used to construct the improvements included in the Property; the condition of structural elements, foundations, roofs, glass, mechanical, plumbing, electrical, HVAC, sewage, and utility components and systems; the capacity or availability of sewer, water, or other utilities; the geology, flora, fauna, soils, subsurface conditions, groundwater, landscaping, and irrigation of or with respect to the Property, the location of the Property in or near any special taxing district, flood hazard zone, wetlands area, protected habitat, geological fault or subsidence zone, hazardous waste disposal or clean-up site, or other special area, the existence, location, or condition of ingress, egress, access, and parking; the condition of the personal property and any fixtures; and the presence of any asbestos or other Hazardous Materials, dangerous, or toxic substance, material or waste in, on, under or about the Property and the
Physical Condition of the Property. This property is being sold "as is" as of the date of the Closing. The Seller does not make any claims or promises about the condition or value of any of the property included in this sale. The Buyer has had the opportunity to conduct its own due diligence of the real estate prior to the date of this Contract, and relies strictly and solely thereon.
Physical Condition of the Property. The Township-Owned Property is being sold to Redeveloper in “AS IS” condition. Redeveloper recognizes and acknowledges that the Township is making no representation or warranty as to the condition of the Township-Owned Property or its fitness for Redeveloper’s intended use. Redeveloper further acknowledges that, as of the Effective Date, the Township is in the process of investigating and Remediating environmental conditions at the Township-Owned Property pursuant to a remedial action work plan (the “RAWP”) as in effect on the Effective Date, and that such investigation and Remediation in accordance with the RAWP will likely not be completed prior to Closing. At Closing the Township shall deliver possession of the Township-Owned Property vacant and in the same condition as it is on the date of this Agreement, deterioration from ordinary and reasonable usage and exposure to the elements excepted, and except as may otherwise be affected by the Township’s investigative and Remediation activities.
Physical Condition of the Property. (a) Purchaser acknowledges that it has examined and inspected, and is satisfied with, the physical condition of the Property and the improvements thereon. PURCHASER EXPRESSLY AGREES THAT THE PROPERTY IS OR WILL BE SOLD “AS IS, WHERE IS, WITH ALL FAULTS”, WITHOUT ANY WARRANTY OR REPRESENTATION, EXPRESS, IMPLIED, OR ARISING BY OPERATION OF LAW, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF CONDITION, HABITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND SUBJECT TO ORDINARY WEAR AND TEAR OCCURRING AFTER THE DATE HEREOF. Purchaser further acknowledges that Seller has neither made nor extended to Purchaser any representation, warranty or indemnity with regard to the environmental condition of the Property or with regard to its compliance with the Americans with Disabilities Act of 1990, if applicable, and Purchaser hereby assumes sole responsibility therefor, indemnifies and agrees to hold Seller, its affiliates, agents, directors, employees and attorneys harmless from and waives any right, action, claim or cause of action it or its successors or assigns may have now or in the future against Seller, its affiliates, agents, directors, employees or attorneys with regard thereto.
