Common use of Condition of Facilities Clause in Contracts

Condition of Facilities. (a) Use of the Real Property by Company and Subsidiary for the various purposes for which they are presently being used are permitted as of right under all applicable zoning requirements and are not subject to "permitted nonconforming" use or structure classifications. All Improvements are in compliance with all applicable Legal Requirements, including those pertaining to zoning, building and the disabled, are in good repair and in good condition, ordinary wear and tear excepted, and are free from latent and patent defects. No part of any Improvement encroaches on any real property not included in the definition of Real Property as it pertains to Company or Subsidiary, and there are no buildings, structures, fixtures or other Improvements primarily situated on adjoining real property that encroach up on any part of the Land. The Land for each owned Facility abuts on and has direct vehicular access to a public road or has access to a public road via a permanent, irrevocable, appurtenant easement benefiting such Land and comprising a part of the Real Property, is supplied with public or quasi-public utilities and other services appropriate for the operation of the Facilities located thereon and is not located within any flood plain or area subject to wetlands regulation or any similar restriction. There is no existing or proposed plan to modify or realign any street or highway or any existing or proposed eminent domain proceeding that would result in the taking of all or any part of any Facility or that would prevent or hinder the continued use of any Facility as heretofore used in the conduct of the business of Company or Subsidiary.

Condition of Facilities. (a) Use of the Real Property by Company and Subsidiary for the various purposes for which they are it is presently being used are is permitted as of right under all applicable zoning legal requirements and are is not subject to "“permitted nonconforming" ” use or structure classifications. All To the Knowledge of Seller, all Improvements are in compliance with all applicable Legal Requirements, including those pertaining to zoning, building and the disabledbuilding, are in good repair and in good condition, ordinary wear and tear excepted, and are free from latent and patent defects. No Except as set forth in Part 3.6(a), no part of any Improvement encroaches on any real property not included in the definition of Real Property as it pertains to Company or SubsidiaryProperty, and there are no buildings, structures, fixtures or other Improvements improvements primarily situated on adjoining real property that which encroach up on any part of the Land. The Land for each owned Facility abuts on and has direct vehicular access to a public road or has access to a public road via a permanent, irrevocable, appurtenant easement benefiting such Land and comprising a part of the Real Property, is supplied with public or quasi-public utilities and other services appropriate for the operation of the Facilities located thereon and is not located within any flood plain or area subject to wetlands regulation or any similar restriction. There is no existing or proposed plan to modify or realign any street or highway or any existing or proposed eminent domain proceeding that would result in the taking of all or any part of any Facility or that would prevent or hinder the continued use of any Facility as heretofore used in the conduct of the business of Company or SubsidiarySeller and located on the Real Property.

Condition of Facilities. (a) Use of the Real Property by Company and Subsidiary for the various purposes for which they are presently being used are permitted as of right under all applicable zoning requirements and are not subject to "permitted nonconforming" use or structure classifications. All Improvements are in compliance with all applicable Legal Requirements, including those pertaining to zoning, building and the disabled, are in good repair and in good condition, ordinary wear and tear excepted, and are free from latent and patent defects. No part of any Improvement encroaches on any real property not included in the definition of Real Property as it pertains to Company or Subsidiary, and there are no buildings, structures, fixtures or other Improvements primarily situated on adjoining real property that encroach up on any part of the Land. The Land for each owned Facility abuts on and has direct vehicular access to a public road or has access to a public road via a permanent, irrevocable, appurtenant easement benefiting such Land and comprising a part of the Real Property, is supplied with public or quasi-public utilities and other services appropriate for the operation of the Facilities located thereon and is not located within any flood plain or area subject to wetlands regulation or any similar restriction. There is no existing or proposed plan to modify or realign any street or highway or any existing or proposed eminent domain proceeding that would result in the taking of all or any part of any Facility or that would prevent or hinder the continued use of any Facility as heretofore used in the conduct of the business of Company or Subsidiary.

Condition of Facilities. (a) a. Use of the Real Property by Company and Subsidiary Facilities for the various purposes for which they are it is presently being used are is permitted as of right under all applicable zoning legal requirements and are is not subject to "“permitted nonconforming" ” use or structure classifications. All Improvements are in compliance with all applicable Legal Requirements, including those pertaining to zoning, building and the disabled, are in good repair and in good condition, ordinary wear and tear excepted, and are free from latent and patent defects. No part of any Improvement encroaches on any real property not included in the definition of Real Property as it pertains to Company or SubsidiaryFacilities, and there are no buildings, structures, fixtures or other Improvements primarily situated on adjoining real property that which encroach up on any part of the Land. The Land for each owned Facility abuts on and has direct vehicular access to a public road or has access to a public road via a permanent, irrevocable, appurtenant easement benefiting such Land and comprising a part of the Real PropertyFacilities, is supplied with public or quasi-public utilities and other services appropriate for the operation of the Facilities located thereon and is not located within any flood plain or area subject to wetlands regulation or any similar restriction. There To Seller’s knowledge, after reasonable investigation, there is no existing or proposed plan to modify or realign any street or highway or any existing or proposed eminent domain proceeding that would result in the taking of all or any part of any Facility or that would prevent or hinder the continued use of any Facility as heretofore used in the conduct of the business of Company or SubsidiarySeller.

Condition of Facilities. (a) Use of the Real Property by Company and Subsidiary for the various purposes for which they are it is presently being used are is permitted as of right under all applicable zoning legal requirements and are is not subject to "“permitted nonconforming" ” use or structure classifications. All Improvements are in material compliance with all applicable Legal Requirements, including those pertaining to zoning, building and the disabled, are in good such state of repair and condition so as to be reasonably capable of being used for their purpose in good conditionthe current course of the activities of the Business, ordinary wear and tear excepted. Except as set forth in Section 3.9 of the Seller Disclosure Letter, and are free from latent and patent defects. No no part of any Improvement encroaches on any real property not included in the definition of Real Property as it pertains to Company or SubsidiaryProperty, and there are no buildings, structures, fixtures or other Improvements primarily situated on adjoining real property that which encroach up on any part of the Land. The Land for each owned Facility abuts on and has direct vehicular access to a public road or has access to a public road via a permanent, irrevocable, appurtenant easement benefiting such Land and comprising a part of the Real Property, is supplied with public or quasi-public utilities and other services appropriate for the operation of the Facilities located thereon and is not located within any flood plain or area subject to wetlands regulation or any similar restriction. There To Sellers’ Knowledge, all water, sewer, gas, electric, telephone and all other utilities required by law or reasonably necessary for the operation, use and occupancy of the Facilities are installed to the boundary lines of the Real Property, are connected with valid permits and are adequate to service the Facilities. To Sellers’ Knowledge, there is no existing or proposed plan to modify or realign any street or highway or any existing or proposed eminent domain proceeding that would result in the taking of all or any part of any Facility or that would prevent or hinder the continued use of any Facility as heretofore used in the conduct of the business Business of Company or SubsidiarySeller.

Condition of Facilities. (a) Use of the Real Immovable Property by Company and Subsidiary for the various purposes for which they are it is presently being used are is permitted as of right under all applicable zoning legal requirements and are is not subject to "“permitted nonconforming" ” use or structure classifications. All Improvements are in compliance with all applicable Legal Requirements, including those pertaining to zoning, building and the disabled, are in good repair and in good condition, ordinary wear and tear excepted, and are free from latent and patent defects. No part of any Improvement encroaches on any immovable or real property not included in the definition of Real Property as it pertains to Company or SubsidiaryImmovable Property, and there are no buildings, structures, fixtures or other Improvements primarily situated on adjoining real property that which encroach up on any part of the Land. The Land for each owned Facility abuts on and has direct vehicular access to a public road or has access to a public road via a permanent, irrevocable, servitude or appurtenant easement benefiting such Land and comprising a part of the Real Immovable Property, is supplied with public or quasi-public utilities and other services appropriate for the operation of the Facilities located thereon and to the Sellers’ Knowledge is not located within any flood plain or area subject to wetlands regulation or any similar restriction. There To the Sellers’ Knowledge there is no existing or proposed plan to modify or realign any street or highway or any existing or proposed expropriation or eminent domain proceeding that would result in the taking of all or any part of any Facility or that would prevent or hinder the continued use of any Facility as heretofore used in the conduct of the business of Company or SubsidiarySeller.

Condition of Facilities. (a) Use of the Real Property by Company and Subsidiary for the various purposes for which they are it is presently being used are is permitted as of right under all applicable zoning requirements Legal Requirements and are is not subject to "“permitted nonconforming" ” use or structure classifications. All Improvements are in substantial compliance with all applicable Legal Requirements, including those pertaining to zoning, building and the disabled, are in good repair and in good condition, ordinary wear and tear excepted, and are free from latent and patent defects. No part of any Improvement encroaches on any real property not included in the definition of Real Property as it pertains to Company or SubsidiaryProperty, and there are no buildings, structures, fixtures or other Improvements improvements primarily situated on adjoining real property that which encroach up on any part of the Land. The Land for each owned Facility abuts on and has direct vehicular access to a public road or has access to a public road via a permanent, irrevocable, appurtenant easement benefiting such Land and comprising a part of the Real Propertyroad, is supplied with public or quasi-public utilities and other services appropriate for the operation of the Facilities located thereon and and, except as described on Schedule 3.10(a), is not located within any flood plain or area subject to wetlands regulation or any similar restriction. There With respect to the lease of property located at 0000 Xxxxxxxx Xx, Xxxxx 000 Xxxxxxxxxxx, Xxxxxxxx 00000, the foregoing representations set forth in this Section 3.10(a) shall be qualified to the Knowledge of Seller and Shareholders. To the Knowledge of Seller and Shareholders, there is no existing or proposed plan to modify or realign any street or highway or any existing or proposed eminent domain proceeding Proceeding that would result in the taking of all or any part of any Facility or that would prevent or hinder the continued use of any Facility as heretofore used in the conduct of the business of Company or SubsidiarySeller.