Acceptance of the Property. The Lessee has inspected the Property and determined that it is in a satisfactory condition. The Lessee accepts the Property "as is."
Acceptance of the Property. Except as otherwise expressly provided in this Agreement or in the Conveyance Documents, Buyer represents and warrants to Seller that Buyer is a sophisticated and experienced purchaser, owner and developer of commercial, office and retail property, and is relying solely upon its own inspection, investigation and analyses of the Property in entering into this Agreement, and, except as otherwise expressly provided in this Agreement or in the Conveyance Documents, is not relying in any way upon any representation, statement, agreement, warranty, study, report, description, or other information or material made by or furnished by either Seller, its managers, members, officers, directors, employees, attorneys, consultants, agents, representatives or affiliates (collectively “Seller’s Representatives”), whether oral or written, express or implied, of any nature whatsoever regarding any such matters. Buyer acknowledges that it will be familiar with the Property and subject to the terms and provisions of Section 4 hereof, will have made such independent investigations as Buyer deems necessary or appropriate concerning the condition of the Property and the suitability and acceptability of the Property for Buyer’s intended purposes, including but not limited to (i) the physical condition, size, dimensions, location and topography of the Real Property, (ii) the accuracy of any maps, floor plans, abstracts, sketches, drawings, schedules, or other documents relating to the Property, (iii) the accuracy of any statements, calculations, conditions, revenue or expense projections, or other information stated or set forth in any of the Due Diligence Items, or other books and records concerning the Property, (iv) any other physical conditions of or affecting the Property, including without limitation the presence of asbestos, lead paint or mold, (v) the availability or adequacy of access to the Property, or of water, sewage, gas, electrical or other utilities necessary for the use of the Property, (vi) Buyer’s proposed use of the Property, including without limitation, investigations or analyses of applicable laws, statutes, rules, regulations, ordinances, limitations, governmental permits, dedications, fees, assessments, restrictions or requirements concerning the use, density, location or suitability of the Property or any existing or proposed development or condition thereof, (vii) the ability of Buyer to obtain any necessary governmental approvals or permits for Buyer’s ...
Acceptance of the Property. By execution of this First Amendment, Purchaser acknowledges and agrees that (a) Purchaser has elected not to terminate the Agreement prior to expiration of the Inspection Period, and hereby waives its right to do so; (b) from and after the First Amendment Effective Date, the Exxxxxx Money shall payable to either Purchaser or Seller in accordance with the Agreement without regard to Purchaser’s right to request a refund thereof under Section 5.3(c): and (c) as provided in Section 5.3(d) of the Agreement, Purchaser has determined that the Property is satisfactory and feasible for its intended use and has accepted title to the Property subject only to the Permitted Exceptions and on an “AS IS” basis as described in Section 6.31 of the Agreement, except for the Seller Matters.
Acceptance of the Property. Tenant accepts the Property and any improvements, fixtures, equipment or property thereon in their present, AS-IS, WHERE IS condition and WITH ALL FAULTS.
Acceptance of the Property. Buyer is relying solely upon its own inspection, investigation and analysis of the Property in entering into this Agreement and, except as otherwise expressly provided in this Agreement or in the Conveyance Documents, Buyer is not relying in any way upon any representation, statement, agreement, warranty, study, report, description, or other information or material made by or furnished by Seller (including Seller's managers, directors, officers and employees) or Seller's attorneys, consultants, sales agents or other representatives (each, a "Seller Representative"), whether oral or written, express or implied, of any nature whatsoever regarding any such matters. Buyer acknowledges that Buyer is familiar with the Property and has made such independent investigations as Buyer deems necessary or appropriate concerning the condition of the Property and the suitability and acceptability of the Property for Buyer's intended purposes. Except as expressly set forth in this Agreement, BUYER IS ACQUIRING ALL PORTIONS OF THE PROPERTY IN THEIR "AS IS", "WHERE-IS" CONDITION, "WITH ALL FAULTS" in their present state and condition as of Closing, with no right of set-off or reduction in the Purchase Price, or obligation of Seller to replace or repair except as may be expressly set forth in this Agreement. Except as expressly set forth in this Agreement or any Conveyance Document and in all cases subject to Seller's representations, warranties and covenants contained in this Agreement and in the Conveyance Documents, Buyer hereby expressly releases and forever discharges Seller and Seller's managers and members, and each of Seller's and Seller's manager's and member's respective members, managers, partners, shareholders, owners, directors, officers, employees, agents, consultants, attorneys and other representatives, as applicable (collectively, the "Released Parties") from any and all claims, complaints, actions, causes of action, warranties of every type (excluding those expressly set forth in this Agreement or in the Deed), strict liability rights, and suits at law or in equity and/or demands for damages, losses, injuries, suffering, declaratory or injunctive relief, expenses, costs, liabilities and/or any other remedies or relief, 3119.001/132866 779613.06-LACSR02A - MSW whether now known or unknown (collectively, "Claims"), relating to any such matters described in this Section 5, and forever waives any and all such Claims against the Released Parties.
Acceptance of the Property. The acceptance of the deed to the Property by Purchaser shall be deemed an acknowledgment by Purchaser that Seller has fully complied with all of its obligations hereunder and that Seller is discharged therefrom and that Seller shall have no further obligation or liability with respect to any of the agreements made by Seller in this Agreement, except for those provisions of this Agreement which expressly provide that any obligation of Seller shall survive the Closing.
Acceptance of the Property. Upon the Commencement Date, Landlord shall record the Memorandum (as defined below) in the Official Records of Orange County, California (“Official Records”) and shall deliver to Tenant, and Tenant shall accept from Landlord, possession of the Property and all rights and appurtenances relating thereto, and Tenant shall promptly execute counterparts of the General Assignment, the License, the Bill of Sale, the Assignment of Contracts and the Assignment of Leases delivered by Landlord. Tenant acknowledges and agrees that it is leasing the Property based solely upon Tenant’s inspection and investigation of the Property and all documents related thereto, or its opportunity to do so, and, except for Landlord’s covenants, representations and warranties otherwise expressly set forth in this Lease, Tenant is leasing the Property in an “AS IS, WHERE IS” condition, without relying upon any representations or warranties, express, implied or statutory, of any kind. Without limiting the above, Tenant acknowledges that, except as otherwise expressly set forth in this Lease, neither Landlord, nor any other party has made any representations or warranties, express or implied, on which Tenant is relying as to any matters, directly or indirectly, concerning the Property including, but not limited to, the land, the square footage of the Property, improvements and infrastructure, if any, development rights and exactions, expenses associated with the Property, taxes, assessments, bonds, utilities, soil, subsoil, drainage, environmental or building laws, rules or regulations, or Hazardous Materials (defined below) or any other matters affecting or relating to the Property.
Acceptance of the Property. By execution of this Second Amendment, Purchaser acknowledges and agrees that (a) Purchaser has elected not to terminate the Agreement prior to expiration of the Inspection Period, and hereby waives its right to do so; (b) from and after the Second Amendment Effective Date, the Exxxxxx Money shall payable to either Purchaser or Seller in accordance with the Agreement without regard to Purchaser’s right to request a refund thereof under Section 5.3(c); (c) as provided in Section 5.3(d) of the Agreement, Purchaser has determined that the Property is satisfactory and feasible for its intended use and has accepted title to the Property subject only to the Permitted Exceptions and on an “AS IS” basis as described in Section 6.31 of the Agreement, except for the Seller Matters, and (d) Purchaser has elected to assume the Management Agreement, pursuant to its option to do so under the Agreement.
Acceptance of the Property. Except as otherwise agreed in writing the Port hereby accepts management of the Property listed on Exhibits A and any amendments in its present condition, and agrees, at its sole expense, to conform to federal, state, and local laws and regulations applicable to the holding or use of the Property.
Acceptance of the Property. Lessee has examined the Property, accepts them in their present condition, and agrees to make any changes in the Property necessary to conform to federal, state and local law applicable to Lessee’s use of the Property. 4/4/2017
