AS-IS Condition of Property. NetREIT specifically acknowledges, represents and warrants that prior to Closing, NetREIT and its agents, consultants, contractors and representatives will have thoroughly inspected the Property and observed the physical characteristics and condition of the Property. Notwithstanding anything to the contrary contained in this Agreement, NetREIT further acknowledges and agrees that the Partnership will receive and accept the Property subject to all applicable laws, rules, regulations, codes, ordinances and orders. NetREIT further acknowledges and agrees that except for any representations and warranties (if any) expressly made by LGI De in Section 9.1 of this Agreement or any closing document neither LGI De nor any LGI De Party made any representations, warranties or agreements by or on behalf of LGI De of any kind whatsoever, whether oral or written, express or implied, statutory or otherwise, as to any matters concerning the Property, the condition of the Property, the size (including rentable or useable square footage) of the Real Property and/or the Improvements (including any discrepancies in the actual rentable square footage of the Improvements), the present use of the Property or the suitability of the Partnership's intended use of the Property. NetREIT hereby acknowledges, agrees and represents that the Property is to be conveyed to and accepted by the Partnership in its present condition, "AS IS", "WHERE IS" AND WITH ALL FAULTS, and that no patent or latent defect or deficiency in the condition of the Property whether or not known or discovered, shall affect the rights of either LGI De or NetREIT or the Partnership hereunder nor shall the Net Value be reduced as a consequence thereof. Except as otherwise expressly provided in Section 9.1.11 above of this Agreement, any and all information and documents furnished to NetREIT by or on behalf of LGI De relating to the Property shall be deemed furnished as a courtesy to NetREIT but without any warranty of any kind from or on behalf of LGI De. NetREIT hereby represents and warrants to LGI De that it has (or by the Closing Date, shall have) performed an independent inspection and investigation of the Property and has also investigated and has knowledge of operative or proposed governmental laws and regulations including land use laws and regulations to which the Property may be subject. NetREIT further represents that, except for any representations (if any) expressly made by LGI De in Section 9.1 of this...
AS-IS Condition of Property. Buyer accepts the Property "as-is" without any type of warranty thereon. Buyer further understands that Seller has not made and does not make any representations or warranties of any kind as to the condition of the Property, buildings, improvements or fixtures located thereon, and/or the location of the boundaries of the Property.
AS-IS Condition of Property. EXCEPT FOR THE SPECIFIC COVENANTS, REPRESENTATIONS AND WARRANTIES IN SECTIONS 3 AND 4 HEREIN AND IN THE CLOSING DOCUMENTS DELIVERED BY SELLER AT CLOSING, THE SALE OF THE INTEREST AS PROVIDED FOR HEREIN IS MADE ON AN “AS IS, WHERE-IS” CONDITION AND BASIS WITH ALL FAULTS. TO THE EXTENT PERMITTED BY LAW, SELLER SPECIFICALLY DISCLAIMS ALL WARRANTIES OR REPRESENTATIONS OF ANY KIND OR CHARACTER, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE (INCLUDING WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF FITNESS FOR USE OR ACCEPTABILITY FOR THE PURPOSE INTENDED BY BUYER) WITH RESPECT TO THE INTEREST, THE PROPERTY OR THE PROPERTY’S CONDITION OR THE CONSTRUCTION, PROSPECTS, OPERATIONS OR RESULTS OF OPERATIONS OF THE PROPERTY. THE DISCLAIMERS HEREOF SPECIFICALLY EXTEND TO, WITHOUT LIMITATION, (1) MATTERS RELATING TO HAZARDOUS MATERIALS AND COMPLIANCE WITH ENVIRONMENTAL LAWS, (2) GEOLOGICAL CONDITIONS, INCLUDING SUBSIDENCE, SUBSURFACE CONDITIONS, WATER TABLE, UNDERGROUND STREAMS AND RESERVOIRS AND OTHER UNDERGROUND WATER CONDITIONS, LIMITATIONS REGARDING THE WITHDRAWAL OF WATER, EARTHQUAKE FAULTS, AND MATTERS RELATING TO FLOOD PRONE AREAS, FLOOD PLAIN, FLOODWAY OR SPECIAL FLOOD HAZARDS, (3) DRAINAGE, (4) SOIL CONDITIONS, INCLUDING THE EXISTENCE OF INSTABILITY, CONDITIONS OF SOIL FILL, SUSCEPTIBILITY TO LANDSLIDES, AND THE SUFFICIENCY OF ANY UNDERSHORING, (5) ZONING AND SUBDIVISION AND COMPLIANCE WITH ZONING AND SUBDIVISION LAWS, (6) THE VALUE AND PROFIT POTENTIAL OF THE INTEREST OR THE PROPERTY AND (7) DESIGN, QUALITY, SUITABILITY, STRUCTURAL INTEGRITY AND PHYSICAL CONDITION OF THE PROPERTY AND COMPLIANCE OF THE PROPERTY WITH ANY LAWS (INCLUDING BUILDING CODES AND SIMILAR LAWS, THE AMERICANS WITH DISABILITIES ACT OF 1990 AND THE FAIR HOUSING AMENDMENTS ACT OF 1988). BUYER REPRESENTS AND WARRANTS TO SELLER THAT BUYER IS A KNOWLEDGEABLE, EXPERIENCED AND SOPHISTICATED BUYER OF REAL ESTATE. BUYER ACKNOWLEDGES THAT, EXCEPT FOR THE SPECIFIC COVENANTS, REPRESENTATIONS AND WARRANTIES MADE BY SELLER IN SECTIONS 3 AND 4 HEREIN AND IN THE CLOSING DOCUMENTS DELIVERED BY SELLER AT CLOSING, BUYER HAS NOT RELIED UPON AND WILL NOT RELY UPON, EITHER DIRECTLY OR INDIRECTLY, ANY STATEMENT OF SELLER OR ANY OF ITS AFFILIATES OR ANY OFFICER, DIRECTOR, TRUSTEE, AGENT, EMPLOYEE, BROKER, ATTORNEY OR OTHER PERSON ACTING OR PURPORTING TO ACT ON BEHALF OF SELLER OR ANY OF ITS AFFILIATES. BUYER ACKNOWLEDGES THAT IT HAS CONDUCTED OR WILL CONDUCT SUCH INSPECTIONS AND INVESTIGATIONS AS TO THE INTEREST AND TH...
AS-IS Condition of Property. Buyer agrees to accept all real and personal property of PLAN at Closing in AS-IS condition, without representation or warranty, express or implied, as to the condition thereof. PLAN owns no real property.
AS-IS Condition of Property. Except as otherwise expressly provided in this --------------------------- Agreement or any documents to be delivered to Buyer at Settlement the Seller disclaims the making of any representations or warranties, express or implied, regarding the Property or matters affecting the Property, whether made by the Seller, on the Seller's behalf or otherwise, including, without limitation, the physical condition of the Property, title to or the boundaries of the Real Property, pest control matters, soil conditions, the presence, existence or absence of Hazardous Substances, hazardous wastes, toxic substances, or other environmental matters, compliance with environmental statues, building, health, safety, land use and zoning laws, regulations and orders, structural and other engineering characteristics, traffic patterns, market data, economic conditions or projections, and any other information pertaining to the Property. The Buyer acknowledges (a) that Buyer has entered into this Agreement with the intention of making and relying upon its own investigations or that of third parties selected by Buyer with respect to the physical, environmental, economic and legal condition of the Property, and (b) that the Buyer is not relying upon any statements, representation or warranties of any kind, other than those specifically set forth in this Agreement or in any document to be delivered to the Buyer at Settlement made (or purported to be made) by the Seller or any one acting or claiming to act on the Seller's behalf. The Buyer further acknowledges that it has not received from or on behalf of the Seller any accounting, tax, legal, architectural engineering, property management or other advice with respect to this transaction and is relying solely upon the advice of third party accounting, tax, legal, architectural engineering, property management and advisors of Buyer. Subject to the provisions of this Agreement, the Buyer shall purchase the Property in its "as is" condition and "with all faults" at Settlement.
AS-IS Condition of Property. Land Trust makes no warranties or representations to the City concerning the suitability of the Property or any portion thereof for the purpose of construction equipment staging. The City is fully aware of the needs of a laydown area for the duration of construction and has determined, based solely on its own inspection, that Temporary Construction Staging Area is suitable for this intended use. The City accepts the Temporary Construction Staging Area in its present condition “AS IS, WITH ALL FAULTS,” without representation or warranty of any kind, and subject to all applicable laws, statues, ordinances, rules and regulations governing the use, occupancy and management of the Temporary Construction Staging Area. Without limiting the forgoing, this Agreement is made subject to any and all covenants, conditions, restrictions, easements and other title matters affecting the Temporary Construction Staging Area, or any portion thereof, whether or not recorded.
AS-IS Condition of Property
