Common use of Buyer’s Waiver of Objections Clause in Contracts

Buyer’s Waiver of Objections. Buyer acknowledges that, so long as Seller complies with its obligations under this Agreement, Buyer will have the opportunity during the Due Diligence Period to inspect the Property, observe its physical characteristics and existing conditions and(subject to the provisions of Section 3.3 above) will have the opportunity to conduct such investigation and study on and of said Property and adjacent areas as it deems necessary, and subject to Seller’s responsibility for any breach of the warranties and representations contained in Section 6.1 of this Agreement, hereby waives, absent a showing of actual fraud, any and all objections to or complaints (including but not limited to actions based on federal, state or common law and any private right of action under CERCLA, RCRA or any other state and federal law to which the Property is or may be subject) regarding physical characteristics and existing conditions of the Property, including without limitation structural and geologic conditions, subsurface soil and water conditions and solid and hazardous waste and Hazardous Materials on, under, adjacent to or otherwise affecting the Property. Buyer further hereby assumes the risk of changes in applicable Laws relating to past, present and future environmental conditions on the Property, and the risk that adverse physical characteristics and conditions, including without limitation the presence of Hazardous Materials or other contaminants, may not be revealed by its investigation.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Saul Centers Inc), Purchase and Sale Agreement (Saul Centers Inc)

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Buyer’s Waiver of Objections. Buyer acknowledges that its failure to deliver the Disapproval Notice shall constitute Buyer’s representation and warranty to Seller that, so long as Seller complies with its obligations under this Agreement, Buyer will have prior to the opportunity during expiration of the Due Diligence Period to inspect Period, it will have inspected the Property, observe observed its physical characteristics and existing conditions and(subject to the provisions of Section 3.3 above) and had, or will have have, the opportunity to conduct such investigation and study on and of said Property and adjacent areas as it deems deemed necessary, and subject to Seller’s responsibility for any breach of the warranties and representations contained in Section 6.1 of this Agreement, hereby waives, absent a showing of actual fraud, waives any and all objections to to, claims, causes of action or complaints (including but not limited to actions based on federal, state or common law and any private right of action under CERCLA, RCRA or any other state and federal law to which the Property is or may be subject) regarding physical characteristics and existing conditions of the Propertyconditions, including without limitation structural and geologic conditions, subsurface soil and water conditions and solid and hazardous waste and Hazardous Materials on, under, adjacent to or otherwise affecting the Property. Buyer further hereby assumes the risk of changes in applicable Laws laws and regulations including, without limitation, those relating to past, present and future environmental conditions on the Property, and subject to Seller’s specific representations and warranties contained in Section 6.1 of this Agreement, the risk that adverse physical characteristics and conditions, including without limitation the presence of Hazardous Materials or other contaminants, may not be revealed by its investigation.

Appears in 2 contracts

Samples: Agreement of Sale and Purchase (Behringer Harvard Multifamily Reit I Inc), Agreement of Sale and Purchase (Behringer Harvard Multifamily Reit I Inc)

Buyer’s Waiver of Objections. Buyer acknowledges that, so long as Seller complies with its obligations under this Agreement, Buyer will have that it has inspected the opportunity during the Due Diligence Period to inspect the Real Property, observe observed its physical characteristics and existing conditions and(subject to the provisions of Section 3.3 above) will have and had the opportunity to conduct such investigation and study on and of said Property and adjacent areas as it deems deemed necessary, and subject to Seller’s responsibility for any breach of the warranties and representations contained in Section 6.1 of this AgreementAgreement or in any closing documents delivered by Seller at Closing, hereby waives, absent a showing of actual fraud, waives any and all objections to or complaints (including but not limited to actions based on federal, state or common law and any private right of action under CERCLA, RCRA or any other state and federal law to which the Real Property is or may be subject) regarding physical characteristics and existing conditions of the Propertyconditions, including without limitation structural and geologic conditions, subsurface soil and water conditions and solid and hazardous waste and Hazardous Materials on, under, adjacent to or otherwise affecting the Real Property. Except as expressly set forth in this Agreement or in any closing documents delivered by Seller at Closing, Buyer further hereby assumes the risk of changes in applicable Laws laws and regulations relating to past, present and future environmental conditions on the Real Property, and the risk that adverse physical characteristics and conditions, including without limitation the presence of Hazardous Materials or other contaminants, may not be revealed by its investigation.

Appears in 1 contract

Samples: Agreement of Sale and Purchase (Donnelley Financial Solutions, Inc.)

Buyer’s Waiver of Objections. Buyer acknowledges that, so long as Seller complies with its obligations under this Agreement, Buyer will have the opportunity during the Due Diligence Period to inspect the Property, observe its physical characteristics and existing conditions and(subject and (subject to the provisions of Section 3.3 above) will have the opportunity to conduct such investigation and study on and of said Property and adjacent areas as it deems necessary, and subject to Seller’s responsibility for any breach of the warranties and representations contained in Section 6.1 of this Agreement, hereby waives, absent a showing of actual fraud, any and all objections to or complaints (including but not limited to actions based on federal, state or common law and any private right of action under CERCLA, RCRA or any other state and federal law to which the Property is or may be subject) regarding physical characteristics and existing conditions of the Property, including without limitation structural and geologic conditions, subsurface soil and water conditions and solid and hazardous waste and Hazardous Materials on, under, adjacent to or otherwise affecting the Property. Buyer further hereby assumes the risk of changes in applicable Laws relating to past, present and future environmental conditions on the Property, and the risk that adverse physical characteristics and conditions, including without limitation the presence of Hazardous Materials or other contaminants, may not be revealed by its investigation.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Saul Centers Inc)

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Buyer’s Waiver of Objections. Buyer acknowledges thatthat it has accepted the risks inherent in the limitations on inspections contained herein, so long as Seller complies with its obligations under this Agreement, Buyer will have the opportunity during the Due Diligence Period to inspect that it has inspected the Property, observe observed its physical characteristics and existing conditions and(subject to the provisions of Section 3.3 above) and had, or will have have, the opportunity to conduct such investigation and study on and of said Property and adjacent areas as it deems necessarydeemed necessary within the limitations on inspections contained herein, and subject to Seller’s responsibility for any breach of the express warranties and representations contained in Section 6.1 of this Agreement, and any Excluded Claims, hereby waives, absent a showing of actual fraud, waives any and all objections to to, claims, causes of action or complaints against Seller (including but not limited to actions based on federal, state or common law and any private right of action under CERCLA, RCRA or any other state and federal law to which the Property is or may be subject) regarding physical characteristics and existing conditions of the Propertyconditions, including without limitation structural and geologic conditions, subsurface soil and water conditions and solid and hazardous waste and Hazardous Materials on, in, under, adjacent to or otherwise affecting the Property. Buyer further hereby assumes the risk of changes in applicable Laws laws and regulations including those relating to past, present and future environmental conditions on the Property, and the risk that adverse physical characteristics and conditions, including without limitation the presence of Hazardous Materials or other contaminants, may not be revealed by its investigation, provided that the foregoing waiver does not apply to any Excluded Claims.

Appears in 1 contract

Samples: Agreement of Sale and Purchase (NortonLifeLock Inc.)

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