Condition of the Land Sample Clauses
Condition of the Land. (a) For the purpose of assisting the Corporation to make the election referred to in clause 4.2(a), the State will, as soon as practicable and within 4 months of the date of this Agreement, provide site condition information to the Corporation:
(i) in relation to all of the land identified in Schedule 7;
(ii) on a confidential and without prejudice basis;
(iii) which contains all information ordinarily required in a statement issued under s 32 of the Sale of Land Act 1962 (Vic); and
(iv) which discloses previous uses of the land known to the State.
(b) The Corporation will undertake all reasonable due diligence steps (including reviewing the information provided by the State pursuant to clause 4.8(a)) to satisfy itself with regards to the condition of the land identified in Schedule 7 for the purpose of clause 4.2(b).
(c) The Corporation may request site condition information in addition to that provided by the State pursuant to clause 4.2(a). The State will consider any such request and respond as soon as possible confirming that the requested information is or is not available and, if available, when it may be provided.
(d) From the date that a grant of an estate in fee simple over any of the land referred to in clause 4.2 is made, the Corporation releases and discharges the State from and against all claims, suits, demands and actions of every description whatsoever and whenever occurring which the Corporation has, may have or which may accrue in the future or which, but for this Agreement, the Corporation would or might have against the State as a result of the previous use of the land and from and against all claims for costs and expenses in respect of such claims, suits, demands and actions.
(e) From the date that a grant of an estate in fee simple over any of the land referred to in clause 4.2 is made, the Corporation indemnifies and holds harmless the State against all loss, damage, liability, claims, suits, demands, financial penalties and actions of every description whatsoever and whenever occurring resulting or arising from the previous use of the land and from and against all claims for costs and expenses in respect of such loss, damage, liability, claims, suits, demands and actions.
(f) The State warrants that any information provided pursuant to clause 4.8(a) is accurate to the best of its knowledge.
Condition of the Land. When the Lease terminates, the Lessee must if required to do so by the Lessor:
(a) remove some or all of the improvements from the Land and all property from the Land, fill in level off and consolidate all excavations or damage caused thereby and clear and remove all rubbish litter and debris from and clean up the Land and where all improvements are required to be removed leave the Land in a clean, tidy, level and vacant condition and free from stumps and footings and noxious weeds; and
(b) disconnect all Services to the Land; and before delivering up possession of the Land to the Lessor as aforesaid.
Condition of the Land. 2.6.1 “As-Is” Conveyance. Developer acknowledges and agrees that Developer is acquiring the Land in its “AS IS” condition, WITH ALL FAULTS, IF ANY, WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, except as provided in Section 8.2(ii) and as otherwise expressly provided in this Agreement.
Condition of the Land. Tract 1 of the Land as described in Exhibit is the same as the 107.816 acre tract shown on the plat prepared by Xxxxx X. Xxxxxx, PLS # 17930, of Land Design Surveying, Inc. dated 3/23/01, which plat was delivered to BNPPLC at the request of Ross. All material improvements on the Land as of the date hereof are as shown on that survey, and except as shown on that survey there are no easements or encroachments visible or apparent from an inspection of the Land. Adequate provision has been made (or can be made at a cost that is reasonable in connection with future development of the Land) for the Land to be served by electric, gas, storm and sanitary sewers, sanitary water supply, telephone and other utilities required for the use thereof. All streets, alleys and easements necessary to serve the Land and Improvements contemplated by the Lease and the Construction Management Agreement have been completed and are serviceable (or can be completed at a cost that is reasonable in connection with future development of the Land). No extraordinary circumstances (including any use of the Land as a habitat for endangered species) exists that would materially and adversely affect the future development of the Land, other than the need to mitigate the disturbance of wetlands on the Land as described below in this subparagraph. Further, Ross is not aware of any latent or patent material defects or deficiencies in the Land that, either individually or in the aggregate, could materially and adversely affect the use or occupancy of the Land or the construction of Improvements as permitted by the Lease and Construction Management Agreement or could reasonably be anticipated to endanger life or limb. No part of the Land is within a flood plain as designated by any governmental authority. Ross represents and warrants to BNPPLC that the disturbance of wetlands on the Land required to accomodate the construction contemplated in the Construction Managment Agreement will be lawful, subject to the conditions set forth in the Department of Army Permit issued to Seller (Permit No: 2001-1A-003) (the "404 Permit") or to such alternative conditions that may hereafter be established under permits or other written arrangments obtained or made by Ross and approved by the Army Corp of Engineers (as the case may be, the "404 Permit Conditions"). Ross further represents and warrants that it has thoroughly investigated the cost of satisfying the 404 Permit Conditions (the "Wetland Mitigation Cos...
Condition of the Land. (a) The Corporation acknowledges that it received the information specified in Schedule 10 from the State regarding the condition of the land granted under this clause, in the context of a confidential and without-prejudice mediation, for the purpose of making an informed decision in seeking or accepting the land to which the information relates.
(b) The Corporation warrants that it has undertaken all reasonable due diligence steps to be satisfied with the condition of the land referred to in clause 3.1 for the purpose of the proposed grants
(c) From the date that a proposed grant of land referred to in clause 3.1 is made, the Corporation releases and discharges the State from and against all claims, suits, demands and actions of every description whatsoever and whenever occurring which the Corporation has, may have or which may accrue in the future or which, but for this Agreement, the Corporation would or might have against the State as a result of the previous use of the land and from and against all claims for costs and expenses in respect of such claims, suits, demands and actions.
(d) From the date that a proposed grant of land referred to in clause 3.1 is made, the Corporation indemnifies and holds harmless the State against all loss, damage, liability, claims, suits, demands, financial penalties and actions of every description whatsoever and whenever occurring resulting or arising from the previous use of the land and from and against all claims for costs and expenses in respect of such loss, damage, liability, claims, suits, demands and actions.
Condition of the Land. Tenant acknowledges that it has leased the Land and has agreed to construct the Initial Improvements (hereafter defined in Article 19) after having had a full and complete opportunity to conduct an examination of the Land, including, without limitation, subsurface conditions, the presence of any hazardous waste or materials located on the Land, the legal title to the Land and Laws affecting the same, as the Tenant deems necessary and/or desirable, and accepts the same in the same condition in which they or any part thereof now are, and assumes all risks in connection therewith, without any representation or warranty, express or implied, in fact or by law, on the part of Landlord, and without recourse to Landlord, Tenant hereby waiving any and all claims, now existing or hereafter arising, relating to the condition (known or unknown) of the Land, including without limitation those matters set forth on Schedule 1.2 hereof. Notwithstanding the foregoing provisions, the Landlord and Tenant acknowledge that the Tenant shall have a right to terminate this Lease (“Tenant’s Termination Option”) at any time within six (6) months of the date hereof in the event that the Tenant determines that there are any Hazardous Materials located on the Land which prohibit or substantially interfere with the Tenant’s ability to construct the Initial Improvements (as defined in Article 20 hereof) and use the same for the Permitted Uses. In such event, the Tenant shall promptly notify the Landlord of the nature of the materials found and provide the Landlord with copies of all reports related thereto received by Tenant. In no event shall the Landlord have any obligation under this Lease to remedy any such matter. In addition, in such event, the surrender of the Land by the Tenant shall be subject to the provisions of Article 16 hereof.
Condition of the Land. 11.1 The Seller gives no warranties as to the present state of repair of any of the Improvements or condition of the Land, except as required by law.
11.2 The Buyer acknowledges that the Seller makes no warranty or representation as to the environmental condition or state of the soil, ground water, contamination or the existence or non-existence of any Substance on or affecting the Land.
11.3 The Buyer understands and accepts that the existence of regrading, fill, contamination or a soil classification of or upon the Land may result in work for the construction of any building on the Land being more extensive and expensive than it may have been in the absence of such regrading, fill, contamination or soil classification.
Condition of the Land. 10.1 The Seller gives no warranties as to the present state of repair of any of the Improvements or condition of the Land, except as required by law.
10.2 The Buyer acknowledges that the Seller makes no warranty or representation as to the existence of regrading, fill, contamination, groundwater, any environmental condition, Substance or a soil classification upon, of or under the Land.
10.3 The Buyer understands and accepts that the existence of regrading, fill, contamination, groundwater, any environmental condition, Substance or a soil classification upon, of or under the Land may result in any work or activities on the Land being more extensive and/or expensive than it may have been in the absence of such regrading, fill, contamination, groundwater, any environmental condition, Substance or soil classification.
Condition of the Land. The Tenant acknowledges that the lease of the Land is on an “as is” basis and the Tenant has satisfied itself as to the condition of the Land and its suitability for the use intended. The Tenant acknowledges that it has inspected the Land and conducted an independent investigation of current and past uses of the Land and the Tenant has not relied on any representations by the Landlord concerning any condition of the Land, environmental or otherwise. The Landlord makes no representations or warranties whatsoever regarding the fitness of the Land for any particular use or regarding the presence or absence upon or under the Land or any surrounding or neighbouring lands of leakage or likely leakage or emission of environmental contaminants from or onto the Land or of any dangerous or potentially dangerous substance or condition.
Condition of the Land. A. Buyer hereby affirms that, before signing this Agreement, Buyer has personally walked upon and inspected the Land. Buyer acknowledges that Buyer and its representatives have had an opportunity to enter the Land for the purpose of conducting such engineering studies, site investigations and analysis (including soil tests) as Buyer deems desirable to determine whether the soil or other conditions of the Land are acceptable to Buyer. Buyer agrees that Buyer is acquiring the Land AS-IS without any representation or warranty on the part of Seller other than as to the title.
B. Buyer waives all claims, present and future against Seller and Seller’s agents, employees, successors, assigns, members, owners, mangers, partners, officers and contractors based upon or connected with the condition of the Land and hereby releases Seller and Seller’s agents, employees, successors, assigns, member, owners, managers, partners, officers and contractors from any liability whatsoever therefore. In addition, the contemplated conveyance by Seller to Buyer is made with the express reservation and condition that Buyer, for themselves and on behalf of their heirs, administrators, executors, successors, assigns, contractors, permittees, licensees and lessees, hereby release and forever discharge Seller from any and all liability, claims and cause of action, whether arising at law (by contract or in tort) or in equity with respect to damage or destruction of property and injury to or death of any person located in, on, or under the surface of or over the property herein conveyed, as the case may be, which are caused by, or arise as a result of, past, present, or future soil, subsoil, or other conditions (including, without limitation to, sinkholes, underground mines, subsurface waters, and limestone formations) under or on the subject property, whether contiguous or noncontiguous. Buyer acknowledges that they have made their own independent inspections and investigations of the Property and are purchasing the Property in reliance upon such inspections and investigations. For purposes of this section, Seller shall mean and refer to the member, mangers, agents, employees, successors, assigns, owners, partners, officers and contractors of Seller. The provisions in this subsection 10(B) shall survive the closing of this sale and the delivery of the deed by Seller.
C. Buyer acknowledges that Buyer has been advised to investigate the purchase of insurance for protection in the event of ...