Condition of Property at Closing. Seller shall be obligated to maintain the Property in the same condition as of the Effective Date, reasonable wear and tear excepted. Seller shall be obligated to repair and correct any deficiencies in the condition of the Property occuring subsequent to the Effective Date hereof, subject to Paragraph 14, herein.
Condition of Property at Closing. Upon delivery of the Deed, the Property and all appliances therein and utilities serving the same shall be in their present condition, reasonable use and wear of same excepted. The Property is to be left broom clean and all personal property and rubbish removed. With respect thereto, BUYER shall have the right to walk-through the Property within twenty-four hours prior to the closing and if the sale is completed subsequent to said walk-through or if the walk-through is waived by BUYER, the foregoing condition of the Property shall, as between the BUYER and SELLER and their representatives (if applicable), be conclusively presumed to be acceptable to BUYER regardless of condition.
Condition of Property at Closing. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT FOR SELLER’S REPRESENTATIONS AND WARRANTIES IN SECTION 4 AND IN SELLER’S CLOSING DOCUMENTS (“SELLER’S WARRANTIES”), THIS SALE IS MADE AND WILL BE MADE WITHOUT REPRESENTATION, COVENANT OR WARRANTY OF ANY KIND (WHETHER EXPRESS, IMPLIED, OR, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STATUTORY) BY SELLER. AS A MATERIAL PART OF THE CONSIDERATION FOR THIS AGREEMENT, PURCHASER AGREES TO ACCEPT THE PROPERTY AT CLOSING ON AN “AS IS” AND “WHERE IS” BASIS, WITH ALL FAULTS, AND WITHOUT ANY REPRESENTATION OR WARRANTY, ALL OF WHICH SELLER HEREBY DISCLAIMS, EXCEPT FOR SELLER’S WARRANTIES. EXCEPT FOR SELLER’S WARRANTIES, NO WARRANTY OR REPRESENTATION IS MADE BY SELLER AS TO FITNESS FOR ANY PARTICULAR PURPOSE, MERCHANTABILITY, DESIGN, QUALITY, CONDITION, OPERATION OR INCOME, COMPLIANCE WITH DRAWINGS OR SPECIFICATIONS, ABSENCE OF DEFECTS, ABSENCE OF HAZARDOUS OR TOXIC SUBSTANCES, ABSENCE OF FAULTS, FLOODING, OR COMPLIANCE WITH LAWS AND REGULATIONS INCLUDING, WITHOUT LIMITATION, THOSE RELATING TO HEALTH, SAFETY, AND THE ENVIRONMENT. PURCHASER ACKNOWLEDGES THAT PURCHASER HAS ENTERED INTO THIS AGREEMENT WITH THE INTENTION OF MAKING AND RELYING UPON ITS OWN INVESTIGATION OF THE PHYSICAL, ENVIRONMENTAL, ECONOMIC USE, COMPLIANCE, AND LEGAL CONDITION OF THE PROPERTY AND THAT PURCHASER IS NOT NOW RELYING, AND WILL NOT LATER RELY, UPON ANY REPRESENTATIONS AND WARRANTIES MADE BY SELLER OR ANYONE ACTING OR CLAIMING TO ACT, BY, THROUGH OR UNDER OR ON SELLER’S BEHALF CONCERNING THE PROPERTY, EXCEPT FOR SELLER’S WARRANTIES. THE PROVISIONS OF THIS SECTION SHALL SURVIVE INDEFINITELY ANY CLOSING OR TERMINATION OF THIS AGREEMENT AND SHALL NOT BE MERGED INTO THE CLOSING DOCUMENTS.
Condition of Property at Closing. Xxxxx’s obligation to complete the transaction contemplated by this Contract shall be contingent upon the Property being in substantially the same or better condition at Closing as on the date of this offer, reasonable wear and tear excepted.
Condition of Property at Closing. On the Closing Date, Seller shall deliver to HEDRA exclusive vacant possession of the Property. Seller agrees that following the Closing, XXXXX may dispose of any trash or personal property remaining on the Property, in XXXXX’s sole discretion, and that any such items shall, after Closing, be considered abandoned. Seller shall indemnify HEDRA for a period of one (1) year with regard to claims of conversion brought with respect to personal property present on the Property at Closing.
Condition of Property at Closing. Prior to Closing, Seller covenants and agrees to cure any nuisances and remove or cause to be removed from the Property, at Seller’s sole cost and expense, such not to exceed Two Hundred Fifty Thousand ($250,000.00) Dollars, any and all personal property and/or trash, rubbish or any other unsightly or offensive materials thereon, including, but not limited to, any Hazardous Materials in tanks, barrels, equipment, pipelines or other containers on the Property, unless otherwise agreed to in writing by Buyer. All billboards on the Property, if any, must be removed and any existing leases terminated. If any leases cannot be terminated and the billboards removed, the property on which the billboards are located must be cutout of the Property being conveyed. Satisfaction of the promises contained herein shall be subject to Buyer’s inspection and approval of the physical condition of the Property. If, on or before the Closing, Seller has not satisfied the promises contained herein, Buyer may elect to either a) defer the Closing until Seller has satisfied said promises, or b) remove or cause to be removed said personal property and/or trash, rubbish or other offensive materials as described above in which case Buyer shall receive a credit against the Purchase Price at Closing in the amount expended by Buyer, such not to exceed Seller’s limit set forth above, in this regard in order to satisfy Seller’s promises contained herein.
Condition of Property at Closing. On the Closing Date, Seller shall deliver to EDA exclusive vacant possession of the Property, except for any vagrants that may, from time to time, be present on the Property without Seller’s consent. Xxxxxx agrees that following the Closing, EDA may dispose of any trash or personal property remaining on the Property, in EDA’s sole discretion, and that any such items shall, after Closing, be considered abandoned.
Condition of Property at Closing. At Closing, Seller shall deliver to EDA exclusive vacant possession of the Property.
Condition of Property at Closing. Subject to the Seller's Representations and Warranties in Article 7.1, Purchaser, for itself and for its corporate successors and assigns, releases Seller from, and waives all claims and liability against Seller for, any structural, physical or environmental conditions at the Property and further releases Seller from, and waives all liability against Seller attributable to, the structural, physical and environmental condition of the Property, including without limitation the presence, discovery or removal of any lead, asbestos containing materials or any other Hazardous Material in, at, about or under the Property, or for, connected with or arising out of any and all claims or causes of action based upon any Hazardous Materials Laws. Purchaser takes responsibility and liability for all obligations attributable to any Hazardous Material in, at, under or about Property. Seller makes no representations or warranties whatsoever to Purchaser regarding the presence or absence of any Hazardous Material. Purchaser hereby acknowledges and agrees that it shall rely solely on the investigations, information, studies and reports prepared by or through Purchaser, at its sole cost and expense, with regard to Hazardous Material. Purchaser shall make such studies and investigations, conduct such tests and surveys, and engage such specialists as Purchaser deems appropriate to evaluate fairly the Property and its risks from a Hazardous Material standpoint.
Condition of Property at Closing. At Closing, Purchaser agrees to accept the Property at Closing in the “where is”, “as is” and “with all faults” condition as of the time of execution of this Agreement. Purchaser agrees and confirms that neither Seller, Agent, nor any agent, employee or representative of Seller, has made and does not make herein any representation or warranty as to the condition of all or any portion of the Property. Except as expressly set forth in this Agreement to the contrary, Seller hereby disclaims all warranties of any kind or nature whatsoever (including, without limitation, warranties of habitability and fitness for particular purposes), whether expressed or implied including, without limitation warranties with respect to the Property. Except as is expressly set forth in this Agreement to the contrary, Purchaser acknowledges that it is not relying upon any representation of any kind or nature made by Seller, or Seller’s Broker, or any of their respective direct or indirect members, partners, shareholders, officers, directors, employees or agents with respect to the Property, and that, in fact, except as expressly set forth in this Agreement to the contrary, no such representations were made. To the extent required to be operative, the disclaimers and warranties contained herein are “conspicuous” disclaimers for purposes of any applicable law, rule, regulation or order.
