Condition of Lands. 8.1 Lands “As Is”. The Malahat Indian Band acknowledges and agrees that any of the Lands acquired by a Designated Company under this Agreement are acquired “as is”.
Condition of Lands. Tenant will maintain and repair, or will cause to be maintained and repaired, the Lands and all improvements thereon in good order and condition, including keeping the Lands in such condition as to comply with the requirements of any Governmental Authority having jurisdiction, subject to reasonable wear and tear, and damage by fire, lightning, tempest or other casualty for which the Landlord is indemnified under any policy of insurance (unless the damage was caused by the negligence or other fault of the Tenant or those for whom the Tenant is in law responsible).
Condition of Lands. The Purchaser agrees to purchase the Lands in an “as is, where is” condition and further agrees that the Vendor shall not be obligated to perform any work in respect of the Lands in order to bring the Lands, or any part thereof, into compliance with any applicable standards of any relevant Authority. The Purchaser also agrees not to make any claim against the Vendor in respect of any of such work that may be required in order to bring the Lands or any part thereof into such compliance.
Condition of Lands. (a) SmartStop acknowledges and agrees that the Contributed Property and all other aspects of the Transaction are being sold and purchased “as-is, where-is”, without any representation, warranty or covenant except as expressly set forth in this Agreement. SmartStop may exercise its rights to perform Due Diligence on or before the Due Diligence Date and shall rely solely upon its own findings resulting therefrom and upon its own understanding and interpretation of the Due Diligence Deliveries not upon any understanding or interpretation thereof, written or oral, provided by any Smart Party, Smart, any Affiliate of any such Person or any of their respective agents, other than the representations and warranties set out in Section 8.1 and in any Closing Documents.
(b) Except as expressly provided in Section 8.1 and in any Closing Documents, none of Smart, any Smart Party, or any Affiliate of any such Person makes any representations or warranties of any nature whatsoever with respect to any information or documentation, nor with respect to the Contributed Property (including, without limitation, Smart’s or the Smart Nominees’ title thereto and any Encumbrances), the Lands or any other aspects of the Transaction.
(c) As part of the Limited Partnership’s agreement to purchase the Contributed Property and accept the Contributed Property and the Lands “as-is, where-is”, and not as a limitation on such agreement, SmartStop hereby unconditionally and irrevocably waives any and all actual or potential rights or Claims SmartStop might have against Smart, any Smart Party, or any Affiliate of any such Person pursuant to any warranty, express or implied, of any kind or type, other than those representations and warranties expressly set forth in this Agreement and the other Closing Documents, relating to the Lands or any other assets, the Contributed Property, or any other aspect of the Transaction. Such waiver is absolute, unlimited and includes, but is not limited to, waiver of express warranties, implied warranties, warranties of fitness for a particular use, warranties of merchantability, warranties of occupancy, strict liability and claims of every kind and type, including, but not limited to, claims regarding defects, whether or not discoverable, product liability claims, or similar claims, and to all other extent or later created or conceived of strict liability or strict liability type claims and rights.
(d) Except as expressly provided in Sections 2.2 and 8.1, and...
Condition of Lands. 5.1 Lands “As Is”. Tsleil-Waututh acknowledges and agrees that any Parcel acquired by Tsleil-Waututh or by a Designated Company under this Agreement is acquired “as is”.
Condition of Lands. 7.1 Lands “As Is”. Xxx Xxx Kum acknowledges and agrees that any of the Lands acquired by a Designated Company under this Agreement are acquired “as is” as of the applicable Closing Date.
Condition of Lands. 8.1 Lands “As Is”. The Nanoose Indian Band acknowledges and agrees that any of the Lands acquired by a Designated Company under this Agreement are acquired “as is”.
Condition of Lands. 8.1 Lands “As Is”. The shíshálh Nation acknowledges and agrees that any of the Lands acquired by it or a Designated Company under this Agreement are acquired “as is”.
Condition of Lands. 9.1 Lands “As Is”. HRFN acknowledges and agrees that any of the Lands acquired by a Designated Entity under this Agreement are acquired “as is”.
9.2 Viability of Lands. XXXX acknowledges and agrees that British Columbia and BC Hydro have not given any representation or warranty concerning:
(a) physical access to the Lands including, without limitation, overland access;
(b) the economic feasibility of the development of the Lands;
(c) the fitness of the Lands for any particular use, including the intended use of the Lands by HRFN or by a Designated Entity; or
(d) the provisions of any enactments or bylaws of any governmental body which relate to the development, use and occupation of the Lands.
Condition of Lands. At the termination or expiry of this Agreement, the Society shall leave the Lands in a safe, clean and proper condition, normal wear and tear excepted.
