CONDITION AND USE OF PROPERTY. The Property is provided in “as is” condition. Rental Agent shall use its best efforts to ensure the operation of all amenities in the Property, such as internet access, satellite or cable TV access or hot tubs, fireplaces as applicable. Rental Agent shall not be held responsible for such items failure to work, but will make every effort to correct any issues as reported as quickly as possible. Guest acknowledges that use of amenities such as hot tubs, pools, spas, fireplaces, decks, and the like may be potentially dangerous and involve potential risks if improperly used, particularly with regard to children and such use is at the Guest’s own risk. Guest shall use the Property for residential purposes only and in a careful manner to prevent any damage or loss to the Property and keep the Property in clean and sanitary condition at all times. Guest and any additional permitted guests shall refrain from loud noise and shall not disturb, annoy, endanger, or inconvenience neighbors, nor shall Guest use the Property for any immoral, offensive or unlawful purposes, nor violate any law, association rules or ordinance, nor commit waste or nuisance on or about the Property.
CONDITION AND USE OF PROPERTY. The Property is provided in “as is” condition. No refunds will be provided due to inoperable appliances. We shall use our best efforts to ensure the operation of all amenities in the Property, such as internet access, satellite or cable TV access as applicable. Owner shall not be held responsible for such items failure to work, but will make every effort to correct any issues reported as quickly as possible. Guest acknowledges that use of amenities such as decks and the like may be potentially dangerous and involve potential risks if improperly used, particularly with regard to children and such use is at the Guest’s own risk. Guest shall use the Property for residential purposes only and in a careful manner to prevent any damage or loss to the Property and keep the Property in clean and sanitary condition at all times. Guest and any additional permitted guests shall not use the Property for any immoral, offensive or unlawful purposes, nor commit waste or nuisance on or about the Property. No refunds will be given due to power blackouts, water shortage, flooding, snow or construction at adjacent properties.
CONDITION AND USE OF PROPERTY. Seller makes no representation as to the condition of the property or that the premises comply with local, county, state, or federal ordinances and statues.
CONDITION AND USE OF PROPERTY. During the Lease Term, the Lessor's interest in the Leased Property is demised and let by the Lessor "AS IS" subject to (i) the rights of any parties in possession thereof, (ii) the state of the title thereto existing at the time the Lessor acquired its interest in the Leased Property, (iii) any state of facts which an accurate survey or physical inspection might show, (iv) all Applicable Law and (v) any violations of Applicable Law which may exist upon or subsequent to the commencement of the Lease Term. THE LESSEE ACKNOWLEDGES THAT, ALTHOUGH THE LESSOR WILL OWN AND HOLD TITLE TO THE LEASED PROPERTY, THE LESSEE IS SOLELY RESPONSIBLE FOR THE CONDITION AND USE OF THE IMPROVEMENTS AND ANY ALTERATIONS. NEITHER THE LESSOR NOR ANY OTHER PARTY TO THE PARTICIPATION AGREEMENT HAS MADE OR SHALL BE DEEMED TO HAVE MADE ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OR SHALL BE DEEMED TO HAVE ANY LIABILITY WHATSOEVER AS TO THE VALUE, MERCHANTABILITY, TITLE, HABITABILITY, CONDITION, DESIGN, OPERATION, OR FITNESS FOR USE OF THE LEASED PROPERTY (OR ANY PART THEREOF), OR ANY OTHER REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THE LEASED PROPERTY (OR ANY PART THEREOF), ALL SUCH WARRANTIES BEING HEREBY DISCLAIMED, AND NEITHER THE LESSOR NOR ANY PARTY TO THE PARTICIPATION AGREEMENT SHALL BE LIABLE FOR ANY LATENT, HIDDEN, OR PATENT DEFECT THEREIN OR THE FAILURE OF THE LEASED PROPERTY, OR ANY PART THEREOF, TO COMPLY WITH ANY APPLICABLE LAW except that the Lessor hereby represents and warrants that the Leased Property is and shall at all times remain free of Lessor Liens. As between the Lessor and the Lessee, the Lessee has been afforded full opportunity to inspect the Leased Property, is satisfied with the results of its inspections of the Leased Property and is entering into this Lease solely on the basis of the results of its own inspections and all risks incident to the matters discussed in the two preceding sentences, as between the Lessor, the Issuer or the Credit Bank, on the one hand, and the Lessee, on the other, are to be borne by the Lessee. The provisions of this ARTICLE V have been negotiated and, except to the extent otherwise expressly stated, the foregoing provisions are intended to be a complete exclusion and negation of any representations or warranties by the Lessor, the Issuer, or the Credit Bank, express or implied, with respect to the Leased Property that may arise pursuant to any law now or hereafter in effect or otherwis...
CONDITION AND USE OF PROPERTY. The party in possession shall keep the property in as good a condition as when the contract was signed until the purchase price is fully paid.
CONDITION AND USE OF PROPERTY. 10.1. Traveler acknowledges that use of amenities such as pools, terraces, hot water and the like may be potentially dangerous and involve potential risks if improperly used, particularly with regard to children and such use is at the Traveler’s own risk.
10.2. Traveler shall use the Property for residential purposes only and in a careful manner to prevent any damage or loss to the Property and keep the Property in clean and sanitary condition at all times.
10.3. Traveler and any additional permitted person shall refrain from loud noise and shall not disturb, annoy, endanger, or inconvenience neighbors, nor shall they use the Property for any immoral, offensive or unlawful purposes, nor violate any law, association rules or ordinance, nor commit waste or nuisance on or about the Property.
10.4. Traveler shall advise the Owner of any defects and/or disrepair in or at the property promptly.
CONDITION AND USE OF PROPERTY. Tenant is fully familiar with the physical condition of the Property, has received the same in good order and condition and accepts it in its present condition. Tenant may use the Property for the uses set forth in Section 10 hereof so long as such uses are in conformity with all Legal Requirements affecting the Property, and Tenant will not, by action or inaction, take or allow any action or thing which is contrary to any legal or insurable requirement or which constitutes a public or private nuisance or waste.
CONDITION AND USE OF PROPERTY. From and after the date of Seller's execution hereof, Seller shall use commercially reasonable efforts to maintain Property in good condition and repair, and in accordance with customary and reasonable practices. From and after the date of Seller's execution hereof, Seller shall not grant or convey any easement, lease, license, permit or any other legal or beneficial interest in or to the Property without the prior written consent of Purchaser which consent shall not be unreasonably withheld or delayed. If during the Feasibility Period Purchaser unreasonably disapproves of any proposed action, Seller shall have the option to terminate this Purchase Contract upon five (5) days written notice to Purchaser (and Purchaser's failure to approve a lease which is for market rent from a financially competent tenant for a use which is not prohibited under any existing use restrictions shall be deemed unreasonable for purposes of determining whether Purchaser unreasonably disapproves a lease). Upon Purchaser's receipt of such termination notice, Purchaser shall have the right to either accept the termination (in which case the Deposit shall be returned to Purchaser and neither party shall have any obligation to the other, except as expressly set forth herein for provisions which survive termination), or Purchaser may approve the proposed action (which was previously disapproved), and permit the Purchase Contract to continue. If notice of approval of the proposed transaction or agreement is not delivered to Seller within five (5) days after Purchaser's receipt of the termination notice, Purchaser shall be deemed to have accepted Seller's termination. Seller shall not have the foregoing right of termination after the expiration of the Feasibility Period. Seller shall do or cause to be done all things reasonably within its control to preserve intact and unimpaired any and all easements, grants, appurtenances, privileges and licenses in favor of or constituting any portion of the Property. ARTICLE VII CLOSING 7.1 DATES, PLACES OF CLOSING, PRORATIONS,
CONDITION AND USE OF PROPERTY. Subject only to the Port's completion of the Port's Work set forth in ARTICLE 6, Tenant is fully familiar with the physical condition of the Property, has received the same in good order and condition and, subject to the Port’s obligation with respect to Pre-existing Hazardous Substances arising out of the Pre-Lease Environmental Condition, accepts the Property in its present, “as is” condition, with all faults and defects, known and unknown, without warranty or representation of any kind or character by the Port, including, without limitation, the physical condition of the Property or its adequacy for construction and operation of the Project. Tenant may use the Property for the uses set forth in ARTICLE 9 hereof so long as such uses are in conformity with all Legal Requirements affecting the Property, and Tenant will not, by action or inaction, take or allow any action or thing which constitutes a public or private nuisance or waste. Tenant also accepts the Property subject to all the Permitted Encumbrances. The Port shall deliver the Property to Tenant free and clear of those liens and encumbrances that may, in Tenant’s reasonable judgment, materially interfere with the Project, or Tenant’s use of the Property, and of which Xxxxxx has notified the Port in writing on or before the Execution Date.
CONDITION AND USE OF PROPERTY. Tenant is fully familiar with the physical condition of the Property, has received the same in good order and condition and, subject to the Port’s obligation with respect to Pre-existing Hazardous Substances arising out of the Pre-Lease Environmental Condition, accepts the Property in its present, “as is” condition, with all faults and defects, known and unknown, without warranty or representation of any kind or character by the Port, including, without limitation, the physical condition of the Property or its adequacy for construction and operation of the Project. Tenant may use the Property for the uses set forth in ARTICLE 9 hereof so long as such uses are in conformity with all Legal Requirements affecting the Property, and Tenant will not, by action or inaction, take or allow any action or thing which constitutes a public or private nuisance or waste. Tenant also accepts the Property subject to all the Permitted Encumbrances. The Port shall deliver the Property to Tenant free and clear of those liens and encumbrances that may, in Tenant’s reasonable judgment, materially interfere with the Project, or Tenant’s use of the Property, and of which Tenant has notified the Port in writing on or before the Commencement Date.
