CONDITION AND TITLE. The products delivered by Contractor to the County shall be new and free of all faults and defects. Upon payment of the purchase price by the County to Contractor, Contractor shall provide the County with clear title, free and clear of all liens and encumbrances.
CONDITION AND TITLE. Section 4.1 AS-IS SALE; DISCLAIMER OF WARRANTIES. BUYER HAS PREVIOUSLY MADE AN INSPECTION OF THE PROPERTY INTERESTS AND THE LAND AND HAS KNOWLEDGE OR WILL OBTAIN KNOWLEDGE AS TO THE PAST USE AND CONDITION OF THE PROPERTY INTERESTS AND THE LAND, INCLUDING THE FACT THAT THE LAND AND CERTAIN OF THE PROPERTY INTERESTS ARE SUBJECT TO THE RIGHTS OF THE GEOTHERMAL LESSEE UNDER THE GEOTHERMAL LEASE. BASED UPON THIS INSPECTION AND KNOWLEDGE, BUYER IS AWARE OF THE CONDITION OF THE LAND AND THE PROPERTY INTERESTS AND BUYER SPECIFICALLY ACKNOWLEDGES THAT, EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES OF SELLER IN ARTICLE V, BUYER IS: (I) PURCHASING ALL OF SELLER'S RIGHT, TITLE AND INTEREST IN AND TO THE MINERAL RIGHTS, (II) ACQUIRING ALL OF SELLER'S RIGHT, TITLE AND INTEREST AS LANDLORD IN AND TO THE GEOTHERMAL LEASE, (III) ASSUMING ALL OF SELLER'S OBLIGATIONS AS LANDLORD UNDER THE GEOTHERMAL LEASE AND (IV) ACCEPTING SELLER'S GRANT OF THE EASEMENT, ALL OF THE FOREGOING BEING ON AN "AS-IS WITH ALL FAULTS" BASIS WITH ANY AND ALL PATENT AND LATENT DEFECTS, INCLUDING THOSE RELATING TO THE ENVIRONMENTAL CONDITION OF THE LAND AND THE PROPERTY INTERESTS. BUYER FURTHER ACKNOWLEDGES THAT, EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES OF SELLER IN ARTICLE V, BUYER IS NOT RELYING ON ANY REPRESENTATION OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WHATSOEVER FROM SELLER AND BUYER HEREBY WAIVES, RELEASES AND DISCHARGES FOREVER SELLER FROM ANY AND ALL PRESENT OR FUTURE CLAIMS OR DEMANDS AND ANY AND ALL DAMAGES, LOSS, INJURY, LIABILITY, CLAIMS OR COSTS INCLUDING FINES, PENALTIES AND JUDGMENTS, ATTORNEYS' FEES AND COURT COSTS (COLLECTIVELY, "LOSSES"), AS TO ANY MATTERS CONCERNING THE LAND OR THE PROPERTY INTERESTS, INCLUDING WITHOUT LIMITATION: (A) SELLER'S EXTENT OF INTEREST IN THE LAND AND THE PROPERTY INTERESTS; (B) THE EXISTENCE AND EXTENT OF ANY OIL, GAS OR MINERAL RESERVES; (C) THE PHYSICAL CONDITION OF THE LAND AND THE PROPERTY INTERESTS AND ANY DEFECTS THEREOF; (D) THE PRESENCE OF ANY HAZARDOUS SUBSTANCES, WASTES OR CONTAMINANTS IN, ON OR UNDER THE LAND; (E) THE CONDITION OR EXISTENCE OF ANY OF THE ABOVE GROUND OR UNDERGROUND STRUCTURES OR IMPROVEMENTS IN, ON OR UNDER THE LAND; (F) THE CONDITION OF TITLE TO THE LAND AND THE PROPERTY INTERESTS; (G) THE COMPLIANCE OF THE LAND AND THE PROPERTY INTERESTS WITH APPLICABLE LAWS, RULES, ORDINANCES OR REGULATIONS OF ANY GOVERNMENTAL OR OTHER AUTHORITY WITH JURISDICTION OVER THE LAND OR THE PROPERTY INTERESTS; AND (H) THE NATURE AND E...
