Adverse Rights. The Authority represents and warrants that it has disclosed all Adverse Rights provided that it shall not be responsible for nor that it be liable to pay any compensation or be held to be in breach of this warranty in respect of any Disclosed Adverse Rights.
Adverse Rights. The Properties are to be transferred and the Ancillary Property Documents entered into subject so far as thereby affected to but with the benefit (so far as applicable) of all those matters specified contained or referred to in the Property Transfers and the Ancillary Property Documents but otherwise free from encumbrances and the Purchaser shall be deemed to take the Property Transfers and enter into the Ancillary Property Documents with full knowledge and notice of such matters and shall not raise any objection or requisition whatsoever in relation thereto save for any matters revealed by searches of H.M.
Adverse Rights. The Company has told us that it has inspected the Property not more than 10 working days before the date of this Certificate and that so far as it is aware no one is in adverse possession of the Property or has acquired or is acquiring any rights adversely affecting the Property.
Adverse Rights. (a) So far as the Seller is aware, the Company is not in breach of or in default under any covenant, easement or right affecting the Freehold Properties which breach or default would have a materially adverse effect on the use of the Freehold Properties in the Business as currently used.
(b) Except for any matters indicated in documents of title provided to the Buyer, none of the Freehold Properties are:
(1) affected by any rights of adverse possession, easements, rights vested in any Governmental Agency, restrictive covenants, rights of way, proposed roads or resumptions or proposed drains, sewers or stormwater channels;
(2) affected by any leases, licenses or Encumbrances; or
(3) the subject of any claim notified to the Company that any third party asserts an ownership interest in any of the Freehold Properties, which, in any of the above cases, would be likely to have a material and adverse effect on the current use of the Freehold Properties in the Business.
Adverse Rights. No one is in adverse possession or has acquired or is acquiring any adverse rights.
Adverse Rights except as fairly disclosed in the Due Diligence Materials, neither the execution of this Agreement, nor the implementation of the Scheme, will:
(a) entitle any person to cancel, terminate earlier than would otherwise have been the case, or adversely modify any material contract, commitment or arrangement to which any member of the Abano Group is a party or under which any member of the Abano Group is entitled to a material right or benefit, or any material provision thereof;
(b) entitle any person to any payment, or the provision of any other valuable consideration, by a member of the Abano Group;
(c) so far as the Abano is aware on the date of this Agreement, be likely to cause any material supplier or customer of any member of the Abano Group to discontinue or substantially reduce its business with the Abano Group; or
(d) so far as Abano is aware on the date of this Agreement, otherwise cause or be likely to cause any material right, benefit, interest or asset held or enjoyed by any member of the Abano Group to be acquired by another person, or cancelled, terminated or lost or adversely qualified or impaired. For the purposes of this warranty, disclosure in the Disclosure Letter of the Abano Group’s estimated out of pocket aggregate costs in connection with the Transaction constitutes fair disclosure of each separate payment obligation forming part of the aggregate cost calculation provided that the aggregate actual costs for those payment obligations do not exceed the estimated aggregate costs for those matters.
Adverse Rights. The Seller has told us that it is in actual occupation on an exclusive basis of the Property and that no person, other than the Seller, has any right (actual or contingent) to possession, occupation or use of, or interest in, the Property. The Seller has told us that it has inspected the Property not more than twenty working days before the date of this Certificate and that, so far as it is aware, no one is in adverse possession of the Property or has acquired or is acquiring any rights adversely affecting the Property.
Adverse Rights. 8.5.1 The Authority represents and warrants that it has disclosed all Adverse Rights provided that it shall not be responsible for nor shall it be liable to pay any compensation or be held to be in breach of this warranty in respect of any Disclosed Adverse Rights.
8.5.2 Subject to clause 8.5 (Adverse rights), in the event that a Non Disclosed Adverse Right is revealed and the Authority is found to be in breach of its warranty given in clause 8.5 (Adverse rights) which breach prevents or disrupts the provision of the Works and/or the Services, the matter shall (subject to the provisos in clauses 8.5.1 and 8.5.3 (Adverse rights) be treated as a Compensation Event and clause 16.5 (Delays in Services Commencement Date due to a Compensation Event) shall apply until such time as the Authority procures the removal of the Non Disclosed Adverse Right or an Authority Change pursuant to clause 53 (Authority and Contractor Changes) to deal with the breach is agreed or determined or (if such an Authority Change is not possible) the Authority must terminate this Agreement in accordance with clause 39 (Termination on force majeure) and clause 42 (Compensation on termination for force majeure) shall apply as if a Force Majeure Event had occurred.
8.5.3 In the event that the Contractor discovers a Non Disclosed Adverse Right which is disrupting or preventing or may disrupt or prevent the Works and/or the Services, it shall immediately notify the Authority of its existence. The Authority shall then seek to procure the removal (whether temporarily or permanently) of such Non Disclosed Adverse Right to the extent that it disrupts or prevents the Works and/or the Services provided that in the event that the Contractor fails or delays in providing the said notification the Authority shall not be liable pursuant to clause 8.5.1 and clause 16.5 (Delays in Services Commencement Date due to a Compensation Event) for any delay and/or additional costs which would have been avoided but for such failure and/or delay by the Contractor.