Condition of City Property. During the entire term of this Agreement, the User shall maintain the Concession Stand in substantially the same condition as it was in on the Effective Date, with the exception of normal wear and tear. No improvements or alterations are permitted without the prior written approval by the City.
Condition of City Property. The City makes the public way available to LimeBike in “as is” condition and makes no representations or warranties concerning the condition of the public way or its suitability for use by LimeBike or its customers. The City assumes no duty to warn either LimeBike or its customers concerning conditions that exist now or may arise in the future.
Condition of City Property. 2.1. The City Property is leased to NSAA on an “AS IS” basis. Tempe hereby agrees to allow NSAA to use the City Property, currently demarcated and signed, as school parking only. Tempe shall provide usual and customary preventive pavement, repair and landscape maintenance on the City Property. NSAA shall pay for electricity to the City Property and the METRO Lot. Tempe shall not be required to make or construct any alternations including structural changes, additions or improvements to City Property.
2.2. NSAA acknowledges that Tempe has made no representation or warranty as to the suitability of City Property to the conduct of NSAA’s business. Any agreements, warranties or representations not expressly contained herein shall in no way bind either Tempe or NSAA. Tempe and NSAA each expressly waives all claims for damages by reason of any statement, representation, warranty, promise or agreement, if any, not contained in this Agreement or an amendment to this Agreement.
Condition of City Property. City makes no warranties as to the condition of the City Property or its fitness for the purpose contemplated herein.
Condition of City Property a. City makes the PUBLIC RIGHT-OF-WAY available to Franchisee in an "as is" condition. City makes no representations or warranties concerning the condition of the PUBLIC RIGHT-OF-WAY or its suitability for use by Franchisee or its customers, and assumes no duty to warn either Franchisee or its customers concerning conditions that exist now or may arise in the future.
b. City assumes no liability for loss or damage to Franchisee's SHARED MOBILITY DEVICES or other property. Franchisee agrees that City is not responsible for providing security at any location where Xxxxxxxxxx's SHARED MOBILITY DEVICES are stored or located, and Franchisee hereby waives any claim against City in the event Franchisee's SHARED MOBILITY DEVICES or other property are lost or damaged.
Condition of City Property a. City makes city property and the public right-of-way available to LimeBike in an "as is" condition. City makes no representations or warranties concerning the condition of the city property and the public right-of-way or its suitability for use by LimeBike or its customers, and assumes no duty to warn either LimeBike or its customers concerning conditions that exist now or may arise in the future.
b. City assumes no liability for loss or damage to LimeBike's bikes or other property. LimeBike agrees that City is not responsible for providing security at any location where LimeBike's bikes are stored or located, and LimeBike hereby waives any claim against City in the event LimeBike's bikes or other property are lost or damaged.
c. In the event that City, in its sole discretion, which it shall not exercise unreasonably , determines that any of LimeBike’s bikes are interfering with safe and accessible use of the public right-of-way or City property, City may immediately remove LimeBike’s bikes to another location. City shall provide LimeBike with prompt notification of the relocation of LimeBike’s bikes and make them available to LimeBike to collect during normal City business hours.
d. In the event that LimeBike ceases operation of its business and fails to remove its bikes from City’s public right-of-way or property, after reasonable notice from City, City may treat LimeBike bike’s still on City right-of-way or public property as abandoned property consistent with the El Cerrito Municipal Code.
Condition of City Property. City has no notice of any pending or threatened action or proceeding arising out of the condition of the City Property or any alleged violation of any Environmental Law or Governmental Regulations. To City’s actual current knowledge, the City Property is in compliance with all Environmental Laws and Governmental Regulations.
Condition of City Property. City makes no warranty as to the condition of the City Property, and Mill Market hereby accepts the City Property in its "As Is" condition.
Condition of City Property a. City makes the public way available to LimeBike in an "as is" condition. City makes no representations or warranties concerning the condition of the public way or its suitability for use by LimeBike or its customers, and assumes no duty to warn either LimeBike or its customers concerning conditions that exist now or may arise in the future.
b. City assumes no liability for loss or damage to LimeBike's bikes or other property. LimeBike agrees that City is not responsible for providing security at any location where LimeBike's bikes are stored or located, and LimeBike hereby waives any claim against City in the event LimeBike's bikes or other property are lost or damaged.
Condition of City Property. Owner hereby acknowledges that it has personally examined the City Property prior to entering into this Agreement. This Agreement is based upon Owner’s inspection of the City Property and not upon any representation or warranties or conditions by City. Owner agrees it is buying the City Property on an “as is” basis, except for the warranties and representations as provided in this Agreement and in the quitclaim deed. City makes no representation or warranties of any kind whatsoever, either express or implied, with respect to the use, title, condition, code or law compliance, or occupation of the City Property with respect to the physical or structural condition of the property, the property's compliance with the Americans with Disabilities Act, or with respect to the existence or absence of toxic or hazardous materials, substances or wastes in, on, under or affecting the City Property. From and after Closing, City shall be released from all responsibility and liability to Owner regarding the condition of the City Property, including environmental conditions, valuation, salability or utility of the City Property, or its suitability for any purpose whatsoever, including any issues with the City Property being dedicated parkland. Owner agrees that it will not seek to recover from City any costs that may be incurred for the clean-up or remediation in any manner of any toxic or hazardous materials, substances or wastes as may exist in, on, under or affecting the City Property, regardless of where now located, or for any issues related to the parkland dedication as provided herein, and specifically waives any right to recovery thereof.
