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. (a) Except as otherwise expressly provided in this Agreement, Buyer shall accept the Project at the Close of Escrow in the "as is", "where is" condition, with all faults. Buyer agrees that, except as expressly set forth herein, Seller shall not be liable for any construction, latent or patent defects in the Project, and shall not be bound in any manner whatsoever by any guarantees, promises, projections, operating expenses, set-ups or other information pertaining to the Project made, furnished or claimed to have been made or furnished by Seller or any other person or entity, including, without limitation, Seller’s Broker (including without limitation any information contained in the marketing package for the Property prepared by Seller’s Broker), or any partner, member, manager, shareholder, employee, agent, attorney or other person representing or purporting to represent Seller or Seller’s Broker, whether verbally or in writing. Buyer acknowledges that neither Seller nor any of the employees, agents or attorneys of Seller has made any verbal or written representations or warranties whatsoever to Buyer, whether express, implied, statutory, or by operation of law, except as expressly set forth in this Agreement and, in particular, that no such representations and warranties have been made with respect to the physical or environmental condition or operation of the Project, the layout or square footage of the Project, the actual or projected revenue and expenses of the Project or any of the Leases, zoning, environmental, and other laws, regulations and rules applicable to the Project, or the compliance of the Project therewith, the quantity, quality or condition of the articles of personal property and fixtures included in the transactions contemplated hereby, the use or occupancy of the Project or any part thereof or any other matter or thing affecting or relating to the Project or the transactions contemplated hereby, except as specifically set forth in this Agreement. Buyer has not relied and is not relying upon any representations or warranties, other than Seller's Representations, or upon any statements made in any informational materials with respect to the Project provided by Seller or any other person or entity, including Seller’s Broker (including without limitation any information contained in the marketing package for the Property prepared by Seller’s Broker)or any shareholder, member, manager, employee, agent, attorney or other person representing...
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.
(b) In the event the Decommissioning Committee becomes aware that any part of the Project has not been operated and maintained in accordance with this Agreement, Authorizations, Government directives or Lao PDR Laws (normal wear and tear excepted), the committee shall direct the Project Company, at its own cost and expense, to take all necessary steps to put the same in good working condition, in accordance with an implementation schedule, to ensure the Project is handed over in good condition on the Transfer Date.
(c) Notwithstanding anything else contained in this Section, six (6) months prior to the expiry of the Concession Period, the Project Company shall send notice to MONRE to request inspection and evaluation of performance of the Project Company’s environmental and social obligations under this Agreement. MONRE shall direct the Project Company shall take all steps necessary to ensure restoration and rehabilitation of the Concession Area (as applicable), in compliance with this Agreement and the procedures and obligations contained in Annex IV (Standard Environmental and Social Obligations). Upon completion of such restoration measures to the satisfaction of MONRE, MONRE shall issue the Project Company with a letter certifying that the Project Company is discharged from any environmental and social liabilities related to the Project.
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. No defect or condition of the Land or the soil or geology thereof exists which impairs the use, or the operation of the Project for its intended 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 $50,000 at such Project, subject to reasonable deductibles and not otherwise repaired.
Condition of Project. The NRPC makes no representation or warranty regarding the condition of the Project or land underlying or adjacent thereto and the NRPC shall not be liable for any latent or patent defects in the Project. The NRPC agrees, however, to cooperate in enforcing any claims or warranties arising thereunder for the benefit of the State.
Condition of Project. (a) During the term of this Agreement, the Company will keep the Project in good and safe operating order and condition, ordinary wear and tear excepted, and will make or cause to be made all replacements, renewals and repairs thereto (whether ordinary or extraordinary, structural or nonstructural, foreseen or unforeseen) reasonably necessary to ensure the continuity of the operation of the Company’s business at the Leased Property. All replacements, renewals and repairs shall be comparable in quality and class to the original work and be made and installed in compliance with the applicable requirements of all governmental bodies. The Agency shall be under no obligation to replace, service, test, adjust, erect, maintain or effect replacements, renewals or repairs of the Project, to effect the replacement of any inadequate, obsolete, worn-out or unsuitable parts of the Project, or to furnish any utilities or services for the Project; and the Company hereby assumes full responsibility therefor.
(b) The Company shall have the right to make such alterations, replacements or additions to the Project or any part thereof from time to time as it in its sole discretion may determine to be desirable, provided that (i) such additions or alterations are effected with due diligence, in a good and workmanlike manner and in compliance with all applicable legal requirements, and (ii) such additions or alterations are promptly and fully paid for by the Company in accordance with the terms of the applicable contract(s) therefor, and in order that the Project shall at all times be free of any mortgage, lien, charge, encumbrance, security interest or claim other than Permitted Encumbrances.
Condition of Project. 26 3.10 Utilities....................................................26 3.11 Environment..................................................26 3.12 Roads........................................................28 3.13
Condition of Project. By entry under this Agreement, Xxxxxx accepts the Project in its present condition; and Xxxxxx 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.
