Common use of Buyer’s Acknowledgement Clause in Contracts

Buyer’s Acknowledgement. Buyer acknowledges that Buyer was and is responsible for making a thorough inspection of the Property at its own expense, as well as thoroughly researching any information available about the Property and its surroundings prior to the auction and prior to the date of this Agreement. Prior to bidding at auction, Buyer acknowledges that Buyer or its designee was afforded the right to have an inspection(s) of the physical condition of the Property at Buyer’s expense. This Agreement is NOT contingent upon an inspection by Buyer. Buyer has satisfied itself as to the condition of the Property, and no further inspections shall impact Buyer’s duty at Closing. Buyer is purchasing the Property on an “AS IS” basis without any warranties, express or implied, from Seller. Seller will not make any repair or improvement to the Property, if any. Buyer further acknowledges that Buyer is not relying upon any statement or representation by Seller or by any broker(s) or any other representatives or contractors of Seller which are not expressly set forth in this Agreement. BUYER ACKNOWLEDGES AND AGREES THAT BUYER HAS BEEN INFORMED AND UNDERSTANDS THAT SELLER MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY ASPECT, IMPROVEMENT, FIXTURE OR CONDITION OF THE PROPERTY OR THE INCLUSIONS, INCLUDING, WITHOUT LIMITATION, THE EXISTENCE OF HAZARDOUS WASTE OR MATERIALS THEREON, OR THE SUITABILITY OF THE PROPERTY FOR BUYER’S INTENDED USE, TO BUYER BEYOND THOSE EXPRESSLY PROVIDED IN THIS AGREEMENT. Buyer acknowledges that Seller has made no representation of any material fact concerning the Property beyond those expressly provided in this Agreement, that Buyer has had an adequate opportunity to inspect and investigate the Property; and, that Buyer has made a thorough independent examination and inspection of the Property, and is relying solely upon its own examination and inspection thereof. Buyer acknowledges that Seller has made no representation or warranty as to whether there exist any lead-based paint, mold and/or other micro- organisms that may exist upon the Property. Buyer further acknowledges that Seller (including Seller’s employees, agents, brokers, and contractors), has made no representation or warranty as to whether the boundary lines of the Property are accurate, nor any representation as to acreage or the number of square feet or frontage of the Property. Buyer acknowledges that any reference to square footage or acreage of the Property is intended to be an approximation only. Buyer has had an adequate opportunity to examine and inspect the boundaries of the Property and will make its own determination as to square footage, and/or frontage, and whether the location of improvements and boundaries are accurate, and Buyer is purchasing the Property in reliance upon its own determination thereof and regardless of whether or not said location of improvements and boundaries are accurate. Seller makes no warranty or representation with respect to the legal description as may be used herein. Buyer acknowledges further that Seller is not responsible, nor liable, to obtain or provide a survey of the Property to Buyer. Accordingly, Buyer is purchasing the Property “AS IS, WHERE IS”.

Buyer’s Acknowledgement. Buyer acknowledges that Buyer was and is responsible for making a thorough inspection of the Property at its own expense, as well as thoroughly researching any information available about the Property and its surroundings prior to the auction and prior to the date of this Agreement. Prior to bidding at auctionsigning this Agreement, Buyer acknowledges that Buyer or its designee was afforded the right to have an inspection(s) of the physical condition of the Property at Buyer’s expense. This Agreement is NOT contingent upon an inspection by Buyer. Buyer has satisfied itself as to the condition of the Property, and no further inspections shall impact Buyer’s duty at Closing. Buyer is purchasing the Property on an “AS IS” basis without any warranties, express or implied, from Seller. Seller will not make any repair or improvement to the Property, if any. Buyer further acknowledges that Buyer is not relying upon any statement or representation by Seller or by any broker(s) or any other representatives or contractors of Seller which are not expressly set forth in this Agreement. BUYER ACKNOWLEDGES AND AGREES THAT BUYER HAS BEEN INFORMED AND UNDERSTANDS THAT SELLER MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY ASPECT, IMPROVEMENT, FIXTURE OR CONDITION OF THE PROPERTY OR THE INCLUSIONS, INCLUDING, WITHOUT LIMITATION, THE EXISTENCE OF HAZARDOUS WASTE OR MATERIALS THEREON, OR THE SUITABILITY OF THE PROPERTY FOR BUYER’S INTENDED USE, TO BUYER BEYOND THOSE EXPRESSLY PROVIDED IN THIS AGREEMENT. Buyer acknowledges that Seller has made no representation of any material fact concerning the Property beyond those expressly provided in this Agreement, that Buyer has had an adequate opportunity to inspect and investigate the Property; and, that Buyer has made a thorough independent examination and inspection of the Property, and is relying solely upon its own examination and inspection thereof. Buyer acknowledges that Seller has made no representation or warranty as to whether there exist any lead-based paint, mold and/or other micro- organisms that may exist upon the Property. Buyer further acknowledges that Seller (including Seller’s employees, agents, brokers, and contractors), has made no representation or warranty as to whether the boundary lines of the Property are accurate, nor any representation as to acreage or the number of square feet or frontage of the Property. Buyer acknowledges that any reference to square footage or acreage of the Property is intended to be an approximation only. Buyer has had an adequate opportunity to examine and inspect the boundaries of the Property and will make its own determination as to square footage, and/or frontage, and whether the location of improvements and boundaries are accurate, and Buyer is purchasing the Property in reliance upon its own determination thereof and regardless of whether or not said location of improvements and boundaries are accurate. Seller makes no warranty or representation with respect to the legal description as may be used herein. Buyer acknowledges further that Seller is not responsible, nor liable, to obtain or provide a survey of the Property to Buyer. Accordingly, Buyer is purchasing the Property “AS IS, WHERE IS”.

Buyer’s Acknowledgement. Buyer acknowledges that Buyer was and is responsible for making a thorough inspection of the Property at its own expense, agrees as well as thoroughly researching any information available about the Property and its surroundings prior to the auction and prior to the date follows: a. The closing of this Agreement. Prior to bidding at auction, transaction shall constitute an acknowledgement by the Buyer acknowledges that Buyer or its designee was afforded the right to have an inspection(s) of the physical condition of the Property at Buyer’s expense. This Agreement is NOT contingent upon an inspection by Buyer. Buyer has satisfied itself as to the condition of the Property, the structures and no further inspections shall impact Buyer’s duty at Closing. Buyer is purchasing the Property on an “AS IS” basis without any warrantiesimprovements thereon, express or impliedand title was accepted, from Seller. Seller will not make any repair or improvement except to the Property, if any. Buyer further acknowledges that Buyer is not relying upon any statement or representation by Seller or by any broker(s) or any other representatives or contractors of Seller which are not expressly set forth in this Agreement. BUYER ACKNOWLEDGES AND AGREES THAT BUYER HAS BEEN INFORMED AND UNDERSTANDS THAT SELLER MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY ASPECT, IMPROVEMENT, FIXTURE OR CONDITION OF THE PROPERTY OR THE INCLUSIONS, INCLUDING, WITHOUT LIMITATION, THE EXISTENCE OF HAZARDOUS WASTE OR MATERIALS THEREON, OR THE SUITABILITY OF THE PROPERTY FOR BUYER’S INTENDED USE, TO BUYER BEYOND THOSE EXPRESSLY PROVIDED IN THIS AGREEMENT. Buyer acknowledges that Seller has made no representation of any material fact concerning the Property beyond those extent expressly provided in this AgreementSection 9 above, without representation or warranty of any kind or nature and in its present “as is – where is” condition based solely on Buyer’s own inspection; b. Buyer acknowledges for Buyer and Buyer’s successors, heirs, and assignees, that Buyer has had an adequate been given a reasonable opportunity to inspect and investigate the Property; and, that Buyer has made a thorough independent examination either independently or through agents of Buyer’s choosing, and inspection that, except for the representations and warranties of Seller set forth in this Agreement, in purchasing the Property, and the Buyer is not relying on Seller, or its agents, as to the condition or safety of the Property and/or any improvements thereon, including, but not necessarily limited to, electrical, plumbing, heating, sewer, roof, air conditioning, any foundations, or that any appliances, if any plumbing and/or utilities are in working order and/or that the improvements are structurally sound and/or comply with any city, county, state, and/or federal statutes, codes, or ordinances; c. Buyer further states that Buyer is relying solely upon its own examination inspection of the Property and, except to the extent expressly provided in Seller’s representations and warranties contained in this Agreement, not upon any representation made to Buyer by any person whomsoever and is purchasing said Real Property in the condition in which it now is, without any obligation on the part of the Seller to make any changes, alterations, or repair thereto; d. Buyer shall perform and rely solely upon its own investigation concerning its intended use of the Property, the Property’s fitness therefor, and the availability of such intended use under applicable statutes, ordinances, and regulations. Buyer further acknowledges and agrees that, except to the extent expressly provided in Seller’s covenants, representations and warranties contained in this Agreement, Seller’s cooperation with Buyer in connection with Buyer’s due diligence review of the Property, whether by providing the Title Report or any of the other Due Diligence Items, or permitting inspection of the Property, shall not be construed as any warranty or representation, express or implied, of any kind with respect to the Property, or with respect to the accuracy, completeness, or relevancy of any such documents. Buyer represents and covenants that, except as expressly provided in this Agreement, Seller makes no representations or warranties with respect to any of the following: (i) The content or accuracy of any report, study, opinion or conclusion of any soils, toxic, environmental or other engineer or other person or entity who has examined the Property or any aspect thereof; (ii) The content or accuracy of any information released to Buyer by an engineer or planner in connection with the development of the Property; (iii) The availability of building or other permits or approvals for the Property by any state or local governmental bodies with jurisdiction over the Property; (iv) The condition of title or the physical condition of the Property; (v) Any of the items delivered to Buyer pursuant to Buyer’s review of the condition of the Property; (vi) The content or accuracy of any other development or construction cost, projection, financial or marketing analysis or other information given to Buyer by Seller or reviewed by Buyer with respect to the Property; or (vii) The value or the income to be derived from the Property. Without limiting the above, but subject to the express representations made in this Agreement, Buyer acknowledges that neither Seller nor any other party has made no representation any representations or warranty warranties, express or implied, on which Buyer is relying as to whether there exist any lead-based paintmatters, mold and/or directly or indirectly, concerning the Property including, but not limited to, the land, the square footage of the Property, or of the Improvements, development rights and exactions, expenses associated with the Property, taxes, assessments, bonds, permissible uses, title exceptions, water or water rights, topography, utilities, zoning of the Property, soil, subsoil, the purposes for which the Property is to be used, drainage, environmental or building laws, rules or regulations, toxic waste or Hazardous Materials or any other micro- organisms that may exist upon matters affecting or relating to the Property. Buyer further hereby expressly acknowledges that Seller (including Seller’s employeesthat, agents, brokers, and contractors), has made no representation or warranty as to whether the boundary lines of the Property are accurate, nor any representation as to acreage or the number of square feet or frontage of the Property. Buyer acknowledges that any reference to square footage or acreage of the Property is intended to be an approximation only. Buyer has had an adequate opportunity to examine and inspect the boundaries of the Property and will make its own determination as to square footage, and/or frontage, and whether the location of improvements and boundaries are accurate, and Buyer is purchasing the Property in reliance upon its own determination thereof and regardless of whether or not said location of improvements and boundaries are accurate. Seller makes no warranty or representation with respect except to the legal description as may be used herein. Buyer acknowledges further that Seller is not responsibleextent expressly provided in this Agreement, nor liable, to obtain or provide a survey of the Property to Buyer. Accordingly, Buyer is purchasing the Property “AS IS, WHERE IS”no such representations have been made.

Buyer’s Acknowledgement. Buyer acknowledges that Buyer was and is responsible for making a thorough inspection of the Property at its own expense, as well as thoroughly researching any information available about the Property and its surroundings prior to the auction and prior to the date of this Agreement. Prior to bidding at auction, Buyer acknowledges that Buyer or its designee was afforded the right to have an inspection(s) of the physical condition of the Property at Buyer’s expense. This Agreement is NOT contingent upon an inspection by BuyerXxxxx. Buyer has satisfied itself as to the condition of the Property, and no further inspections shall impact Buyer’s duty at Closing. Buyer is purchasing the Property on an “AS IS” basis without any warranties, express or implied, from Seller. Seller will not make any repair or improvement to the Property, if any. Buyer Xxxxx further acknowledges that Buyer is not relying upon any statement or representation by Seller or by any broker(s) or any other representatives or contractors of Seller which are not expressly set forth in this Agreement. BUYER XXXXX ACKNOWLEDGES AND AGREES THAT BUYER HAS BEEN INFORMED AND UNDERSTANDS THAT SELLER MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY ASPECT, IMPROVEMENT, FIXTURE OR CONDITION OF THE PROPERTY OR THE INCLUSIONS, INCLUDING, WITHOUT LIMITATION, THE EXISTENCE OF HAZARDOUS WASTE OR MATERIALS THEREON, OR THE SUITABILITY OF THE PROPERTY FOR BUYER’S INTENDED USE, TO BUYER BEYOND THOSE EXPRESSLY PROVIDED IN THIS AGREEMENT. Buyer Xxxxx acknowledges that Seller has made no representation of any material fact concerning the Property beyond those expressly provided in this Agreement, that Buyer Xxxxx has had an adequate opportunity to inspect and investigate the Property; and, that Buyer has made a thorough independent examination and inspection of the Property, and is relying solely upon its own examination and inspection thereof. Buyer acknowledges that Seller has made no representation or warranty as to whether there exist any lead-based paint, mold and/or other micro- organisms that may exist upon the Property. Buyer further acknowledges that Seller (including Seller’s employees, agents, brokers, and contractors), has made no representation or warranty as to whether the boundary lines of the Property are accurate, nor any representation as to acreage or the number of square feet or frontage of the Property. Buyer Xxxxx acknowledges that any reference to square footage or acreage of the Property is intended to be an approximation only. Buyer Xxxxx has had an adequate opportunity to examine and inspect the boundaries of the Property and will make its own determination as to square footage, and/or frontage, and whether the location of improvements and boundaries are accurate, and Buyer is purchasing the Property in reliance upon its own determination thereof and regardless of whether or not said location of improvements and boundaries are accurate. Seller makes no warranty or representation with respect to the legal description as may be used herein. Buyer Xxxxx acknowledges further that Seller is not responsible, nor liable, to obtain or provide a survey of the Property to Buyer. Accordingly, Buyer Xxxxx is purchasing the Property “AS IS, WHERE IS”.

Buyer’s Acknowledgement. Buyer acknowledges that Buyer was and is responsible for making a thorough inspection of the Property at its own expense, as well as thoroughly researching any information available about the Property and its surroundings prior to the auction and prior to the date of this Agreement. Prior to bidding at auction, Buyer acknowledges that Buyer or its designee was afforded the right to have an inspection(s) of the physical condition of the Property at Buyer’s expense. This Agreement is NOT contingent upon an inspection by BuyerXxxxx. Buyer has satisfied itself as to the condition of the Property, and no further inspections shall impact Buyer’s duty at Closing. Buyer is purchasing the Property on an “AS IS” basis without any warranties, express or implied, from Seller. Seller will not make any repair or improvement to the Property, if any. Buyer Xxxxx further acknowledges that Buyer is not relying upon any statement or representation by Seller or by any broker(s) or any other representatives or contractors of Seller which are not expressly set forth in this Agreement. BUYER ACKNOWLEDGES AND AGREES THAT BUYER HAS BEEN INFORMED AND UNDERSTANDS THAT SELLER MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY ASPECT, IMPROVEMENT, FIXTURE OR CONDITION OF THE PROPERTY OR THE INCLUSIONS, INCLUDING, WITHOUT LIMITATION, THE EXISTENCE OF HAZARDOUS WASTE OR MATERIALS THEREON, OR THE SUITABILITY OF THE PROPERTY FOR BUYER’S INTENDED USE, TO BUYER BEYOND THOSE EXPRESSLY PROVIDED IN THIS AGREEMENT. Buyer Xxxxx acknowledges that Seller has made no representation of any material fact concerning the Property beyond those expressly provided in this Agreement, that Buyer Xxxxx has had an adequate opportunity to inspect and investigate the Property; and, that Buyer has made a thorough independent examination and inspection of the Property, and is relying solely upon its own examination and inspection thereof. Buyer acknowledges that Seller has made no representation or warranty as to whether there exist any lead-based paint, mold and/or other micro- organisms that may exist upon the Property. Buyer further acknowledges that Seller (including Seller’s employees, agents, brokers, and contractors), has made no representation or warranty as to whether the boundary lines of the Property are accurate, nor any representation as to acreage or the number of square feet or frontage of the Property. Buyer Xxxxx acknowledges that any reference to square footage or acreage of the Property is intended to be an approximation only. Buyer Xxxxx has had an adequate opportunity to examine and inspect the boundaries of the Property and will make its own determination as to square footage, and/or frontage, and whether the location of improvements and boundaries are accurate, and Buyer is purchasing the Property in reliance upon its own determination thereof and regardless of whether or not said location of improvements and boundaries are accurate. Seller makes no warranty or representation with respect to the legal description as may be used herein. Buyer Xxxxx acknowledges further that Seller is not responsible, nor liable, to obtain or provide a survey of the Property to Buyer. Accordingly, Buyer Xxxxx is purchasing the Property “AS IS, WHERE IS”.