Common use of As-Is Purchase Clause in Contracts

As-Is Purchase. Except for the warranties, representations and indemnifications of Seller expressly set forth in this Agreement, Seller hereby specifically disclaims any warranty, guaranty or representation, oral or written, past, present or future, of, as to or concerning (i) the nature and condition of the Property, including, but not by way of limitation, the water, soil, geology, environmental conditions (including the presence or absence of any Hazardous Materials (defined in Section 18.13 below)), and the suitability thereof for any and all activities and uses which Buyer may elect to conduct thereon; (ii) the nature and extent of any right-of-way, possessory interest, lien, encumbrance, restrictions, reservation, covenant or condition affecting the Property; and (iii) the compliance of the Property or its operation with any laws, ordinances or regulations of any government or quasi-governmental body or private associate having jurisdiction over the Property. The sale of the Property as provided for herein is made on an "AS IS" basis, and Buyer expressly acknowledges that, in consideration of the agreements of Seller herein, and except for the warranties and representations of Seller expressly set forth herein, SELLER MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW, INCLUDING, BUT IN NO WAY LIMITED TO, ANY WARRANTY OF CONDITION, HABITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE PROPERTY.

As-Is Purchase. Except for Buyer represents and warrants that it has inspected the warranties, representations Acquired Assets prior to purchase and indemnifications of Seller expressly set forth in this Agreement, Seller hereby specifically disclaims any warranty, guaranty or representation, oral or written, past, present or future, of, as to or concerning (i) that it is purchasing the nature and condition of the Property, including, but not by way of limitation, the water, soil, geology, environmental conditions (including the presence or absence of any Hazardous Materials (defined in Section 18.13 below)), and the suitability thereof for any and all activities and uses which Buyer may elect to conduct thereon; (ii) the nature and extent of any right-of-way, possessory interest, lien, encumbrance, restrictions, reservation, covenant or condition affecting the Property; and (iii) the compliance of the Property or its operation with any laws, ordinances or regulations of any government or quasi-governmental body or private associate having jurisdiction over the Property. The sale of the Property as provided for herein is made Acquired Assets on an "AS IS" basisbasis and in "WITH ALL FAULTS" condition and, except as specifically provided in this Agreement, none of Sellers is making any warranty, whether expressed or implied, regarding the physical condition of the Acquired Assets, their fitness or suitability for any particular purpose, or the compliance with applicable laws. Without limited the generality of the foregoing, Buyer, by its signature below, hereby acknowledges and agrees (and upon which Sellers shall have materially relied in transferring the Acquired Assets to Buyer on the terms and conditions set forth herein) that, except as otherwise specifically provided in this Agreement, none of Sellers, nor any of their officers, employees or agents, has made any warranty regarding the Acquired Assets, including, but not limited to, any warranty of habitability, merchantability or suitability for a particular purpose, and Buyer hereby expressly acknowledges thatdisclaims the implied warrant of habitability, the implied warranty of merchantability, the implied warrant of fitness for a particular purpose, and, except as otherwise specifically provided in consideration this Agreement, all expressed or implied warranties relating to the quality of or otherwise relating to the physical condition of the agreements Acquired Assets. In addition, notwithstanding anything contained herein to the contrary, Buyer acknowledges and agrees that none of Seller hereinSellers is making any representation or warranty regarding the quantity, and condition or usefulness of any of the Non-Core Assets, except for to the warranties and representations extent of Seller expressly the warranty of title set forth herein, SELLER MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW, INCLUDING, BUT IN NO WAY LIMITED TO, ANY WARRANTY OF CONDITION, HABITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE PROPERTY.in Section 3(e)

As-Is Purchase. Except The sale of the Property as provided for herein is made on an "AS-IS" basis, and except as otherwise expressly specified in this Agreement, buyer expressly acknowledges that in consideration of the warranties, representations and indemnifications agreements of Seller expressly herein, except as set forth in this AgreementAgreement 5.3 or in the Existing Lease, Seller hereby specifically disclaims any warranty, guaranty or representation, oral or written, past, present or future, ofexpress or implied, as or arising by operation of law, including, but not limited to or concerning (i) any warranty of condition; (ii) habitability; (iii) merchantability; (iv) size; (v) useable area; (vi) occupation or management of the Property; (vii) the available uses of the Property; (viii) the boundary lines of or any encroachments or easements affecting the Property; (ix) the nature and condition of the Property, including, but not by way of limitationlimited to, the water, soil, geology, environmental conditions (including the presence or absence of any Hazardous Materials (defined environmental contamination, or toxic pollution as a result of the presence, use, discharge or release of hazardous substances or materials on, bout or in Section 18.13 below)the Property), and the suitability thereof for any and all activities and uses which Buyer buyer may elect to conduct thereon; (iix) the presence or availability of water or sewage disposal on or to the Property; (xi) the amount or nature of any taxes, special assessments, governmental bonds or similar charges or liabilities affecting the Property, (xii) the Property's compliance with applicable statues (including, without limitation, the Americans With Disabilities Act of 1990), (xiii) laws, codes, ordinances, regulations or requirements relating to leasing, zoning, subdivision, planning, building, fire, safety, health, hazardous material or environmental matters; (xiv) the nature and an extent of any right-of-way, lease, possessory interest, lien, encumbrance, restrictionslicense, reservation, covenant condition or condition affecting otherwise or (xv) the Property; and 's compliance with covenants, conditions or restrictions (iiiwhether or not of record) the compliance of the Property or its operation with any other local municipal, regional, state or federal requirements or other statues, laws, ordinances codes, ordinances, regulations or regulations of any government or quasi-governmental body or private associate having jurisdiction over the Property. The sale of the Property as provided for herein is made on an "AS IS" basis, and Buyer expressly acknowledges that, in consideration of the agreements of Seller herein, and except for the warranties and representations of Seller expressly set forth herein, SELLER MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW, INCLUDING, BUT IN NO WAY LIMITED TO, ANY WARRANTY OF CONDITION, HABITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE PROPERTYrequirements.