Condition of the Facility. The Owner Participant shall have received the Closing Appraisal prepared by the Appraiser addressed and delivered only to the Owner Participant and in form and substance satisfactory to the Owner Participant, together with a letter of the Appraiser certifying that its conclusions set forth in the Closing Appraisal are true and correct as of the Closing Date. The Indenture Trustee, the Pass Through Trustees and the Initial Purchasers shall have received a copy of the verification of value, useful life and estimated residual value prepared by the Appraiser in connection with the appraisal of assets subject to the Facility Lease, each of which will be reasonably satisfactory to the recipient.
Condition of the Facility. The Owner Participant shall have received the Closing Appraisal prepared by the Appraiser addressed and delivered only to the Owner Participant and in form and substance satisfactory to the Owner Participant, together with a letter of the Appraiser certifying that its conclusions set forth in the Closing Appraisal are true and correct as of the Closing Date. The Indenture Trustee, the Pass Through Trustees and the Initial Purchasers shall have received a copy of the verification of value, useful life and estimated residual value prepared by the Appraiser in connection with the appraisal of assets subject to the Facility Lease, each of which will be reasonably satisfactory to the recipient. Letter from the Appraiser. Each of the Owner Lessor and the Manager shall have received a satisfactory letter of the Appraiser setting forth the conclusions of the Closing Appraisal as to the fair market value and remaining economic useful life of the Facility as of the Closing Date and the methodology of determination thereof.
Condition of the Facility. The Owner shall have the continuing responsibility and obligation to maintain the Facility and agrees to keep the Facility in good repair with the exception of normal wear and tear. The Licensee shall not damage, injure, deface, or otherwise mar the Facility, or permit others to do so. If the Licensee or its officers, employees, agents, or invitees cause damage to the Facility, the Licensee agrees to repair or restore or, pay to repair or restore, the Facility to its original condition. The Licensee shall not make any alterations or improvements to the Facility, with the exception of movable trade fixtures, without the express written consent of the Owner. If the Licensee or its officers, employees, agents alter or make improvements to the Facility without the Owner’s consent, the Owner may require that:
a. The Licensee, at the Licensee’s sole expense, remove such alteration or improvement and restore the Facility to its original condition; or
b. If the Licensee fails to restore the Facility to its original condition, the Owner can cause such work to be done. The Licensee will reimburse the Owner for the cost of such work and the Owner can withhold an amount equivalent to the cost of such work from any payments to the Licensee in order to satisfy any amounts due and owing. Any improvements, alterations, or fixtures installed by the Licensee and not removed upon expiration of the Agreement shall become the property of the Owner.
Condition of the Facility. Upon the termination, cancellation or expiration of this Agreement, for any reason Lessee shall leave the Facility in a normal working condition and in material compliance with all applicable federal, state and local laws, regulations and ordinances, as well as the Service Agreement or any agreement(s) between Lessor and CSXT or others for rail trackage, so that either the ongoing operations at the Facility are not interrupted or the ability to operate the Facility or return it to operation is not impeded.
Condition of the Facility. (a) HFC makes no warranty or representation to Licensee of any kind, express or implied, regarding the suitability of the Facility for any aspect of the use Licensee expects or intends to make of the Facility. The Facility is offered by HFC and accepted by Licensee in its current condition, on an "AS IS" basis, RAIN OR SHINE. Licensee agrees that it has examined the Facility and is satisfied with the condition, fitness and order thereof. Commencement of the use of the Facility shall be conclusive that the Facility was in good repair and in satisfactory condition, fitness, and order when such use commenced.
(b) At the end of the License Period, the Facility shall be vacated and surrendered up to HFC in the same condition found before the commencement of the License Period, excepting damage due to ordinary wear and tear, the elements, or occurrence of Force Majeure.
(c) Should Licensee fail to vacate and surrender the Facility at the end of the License Period, Licensee shall pay to HFC as liquidated damages and not as a penalty (both parties hereto agreeing that damages from such a holding over are difficult to ascertain) for each day or portion thereof during which all or part the Facility is not vacated and surrendered an amount equal to the non-event day license fee listed on the then-current rate sheet for use and occupancy of the Facility. Further, HFC may remove and store all goods and chattels at the sole expense of Licensee and may dispose of any such property if, after the expiration of three calendar days, Licensee has failed to remove the property from the possession of HFC. HFC shall not be liable to Licensee on account of so removing, storing, or disposing of any property as provided by this Section, and Licensee shall save and hold HFC harmless from any liability from another licensee who is prevented from occupying the Facility due to the holding over of Licensee.
Condition of the Facility. The Owner Participant, the Owner ------------------------- Trustee and the Indenture Trustee shall have received a certificate as to the condition of the Facility Assets substantially in the form previously agreed.
Condition of the Facility. The Operator, upon execution of this Agreement, shall assume operational control of the Facility. Prior to submitting its Proposal and executing this Agreement, the Operator examined the Facility, including all facilities, furniture, and appliances, and is satisfied with its present condition. The Operator, by executing this Agreement, accepts the Facility in its "AS-IS" condition. The Authority makes no representation or warranty, either express or implied, as to the condition of the Facility or that the Facility will be suitable for the Operator's purposes or needs, and all warranties, express or implied, including warranties of merchantability and/or fitness for a particular purpose, are expressly denied hereby.
Condition of the Facility. There shall have been no material damage or other adverse changes in the physical condition of the Facility.
Condition of the Facility a. The College makes no warranty or representation to you about the condition of the Facility or its suitability for any use or purpose.
b. You acknowledge that you have inspected the Facility and you have not relied upon any warranty, representation, statement or documentation made or provided by the College (including in relation to the fitness for any use or purpose of the Facility).
Condition of the Facility. The Facility shall, on the Closing Date, be in substantially the same condition as it was on the Effective Date, normal wear and tear excepted; provided, however, if a casualty or condemnation occurs with respect to the Facility, Article 10 shall govern the rights and obligations of the parties hereunder.
