Condition of Project. Neither the Project nor any part thereof is now damaged or injured as result of any fire, explosion, accident, flood or other casualty or has been the subject of any Taking, and to the knowledge of the Borrower, no Taking is pending or contemplated.
Condition of Project. Tenant acknowledges that, except as expressly contained in this lease, neither Landlord nor anyone acting for or on behalf of Landlord has made any representation, warranty or promise to Tenant concerning the physical aspects or condition of any of the Project; the feasibility, desirability or convertibility of any of the Project into any particular use; the zoning, building or land use restrictions applicable to the zoning, building or land use restrictions applicable to the Project; the projected income or expenses for any of the Project or any business conducted thereon; the suitability of the Project for any particular use; or the presence or absence of any Hazardous Materials; and that in entering into this lease, Tenant has not relied upon any representation, statement or warranty of Landlord or anyone acting for or on behalf of Landlord, other than as expressly contained in this lease, and that all matters concerning the Premises shall be independently verified by Tenant and that Tenant shall enter into this lease on Tenant’s own examination thereof (or Tenant’s election not to do so). Tenant does hereby waive, and Landlord does hereby disclaim, all warranties of any type or kind whatsoever with respect to the Project, express or implied, including by way of description, but not limitation, those of fitness for a particular purpose, tenantability, habitability and use. Tenant hereby expressly assumes the risk that adverse physical conditions and the full extent thereof (including, without limitation, soil, groundwater and surface water contamination and air pollution from Hazardous Materials) may not be revealed by Tenant’s inspections, reviews and studies of the Project prior to the date of possession. No person acting on behalf of Landlord is authorized to make, and by execution hereof Tenant acknowledges that no such person has made, any representation, warranty, guaranty or promise except as may be expressly set forth herein; and no agreement, statement, representation, guaranty or promise made by any such person which is not expressly contained herein shall be valid or binding on Landlord and Landlord’s agents, heirs, successors or assigns. The only representations or warranties outstanding with respect to the Project, or Landlord, either express or implied by law, are expressly set forth herein.
Condition of Project. (a) Upon service of a Termination Notice or three (3) years prior to the expiry of the Concession Period, the Project Company and the Responsible Government Authorities shall form a Decommissioning Committee, which shall be responsible for conducting a survey of the Project to ascertain the condition thereof, prepare an inventory of the Project’s Immovable Assets and Movable Assets and verify compliance by the Project Company under this Agreement.
Condition of Project. Tenant has accepted possession of the Project pursuant to the Lease. Any improvements required or authorized by the terms of the Lease to be made by Tenant or Landlord have been completed to the full and complete satisfaction of Tenant in all respects, and Landlord has fulfilled all of its duties under the Lease with respect to such initial tenant improvements. Furthermore, Tenant acknowledges that the Project are suitable for the Permitted Use.
Condition of Project. By entry under this Agreement, Tenant accepts the Project in its present condition; and Tenant agrees, on the last day of the term or on sooner termination of this Agreement, to surrender the Project and the appurtenances to TNBC in the same condition as when received, reasonable use, wear and damage by fire, act of God or the elements excepted, and to remove all of Tenant’s property from the Project.
Condition of Project. No defect or condition of the Land or the soil or geology thereof exists which will impair the construction, use, or the operation of the Project for its in tended purpose.
Condition of Project. None of the Projects are now damaged nor injured as a result of any fire, explosion, accident, flood or other casualty, where the risk of loss is not otherwise covered by insurance or exceeds $100,000 at such Project, subject to reasonable deductibles and not otherwise repaired, unless otherwise notified and approved by Agent.”
Condition of Project. Without in any way releasing the Manager from its responsibility to maintain the Project in good repair pursuant to Section 4, the University acknowledges that the Manager is not a property inspector or engineer and is not qualified to inspect or make representations as to the physical or environmental condition of the Project. Accordingly, the University agrees that the Manager, in fulfilling its obligation under this Agreement to maintain the Project in good repair may, as a Project expense, from time to time as it deems necessary, obtain from a third-party inspector a property condition report relative to the Project, and in fulfilling its obligation under this Agreement to maintain the Project in good repair or advising the University regarding the physical or environmental condition of the Property, the Manager may rely upon such property condition report(s) for all matters relative to the physical or environmental condition of the Project.
Condition of Project. Section 9.12 of the Loan Agreement shall be and is hereby amended and restated to read, in its entirety, as follows:
Condition of Project. None of the Primary Projects and, to the best of Borrower’s knowledge, none of the Non-Primary Projects are now damaged nor injured as a result of any fire, explosion, accident, flood or other casualty, where the risk of loss is not otherwise covered by insurance or exceeds 5% of the aggregate Receivables included in the Borrowing Base, subject to reasonable deductibles and not otherwise repaired, unless otherwise notified and approved by Agent.”
