Condition of the Lands Sample Clauses

Condition of the Lands. Subject to Sections 11.6 (Repair of Damage – Construction Period) and 13.2(e) (Relief Event Defined), and subject to the Contractor’s obligations under this Agreement to carry out the Project, the Contractor shall maintain the Lands in good and proper order and repair throughout the Construction Period, and shall: (a) subject to clause (e) below, be responsible for repairing all damage to the Lands, however caused, excepting only damage caused by a Force Majeure Event or caused directly by the Province or its employees, agents or contractors (except the Contractor but including, without limitation, those contractors other than the Contractor engaged by the Province under Section 7.3 (Other Work by Province)) or those for whom the Province is legally responsible or caused directly by any person exercising rights under an Identified Encumbrance, a grant contemplated by the third paragraph of Section 4.1 (Access and Use), Future Utilities (as defined in Section 4.7 (Utility, Railway and Drainage Agreements)), or a consent contemplated by the last sentence of Section 4.13 (Uninterrupted Access and Use); (b) dispose of garbage from the Lands and comply with any requirements in the Technical Requirements relating to garbage on the Lands; (c) not stockpile any material on the Lands except during the Construction Period or otherwise when carrying out construction activities under this Agreement; (d) not commit or permit by the Contractor’s agents or subcontractors or those for whom the Contractor is legally responsible, any waste or nuisance on the Lands; and (e) promptly deal with any Environmental Damage or Degradation to the Lands as required by applicable laws, with the exception only of: (i) Environmental Damage or Degradation (including, without limitation, the presence of any Hazardous Substance) pre-existing as of the date of Execution of this Agreement and to the extent not required to be dealt with to carry out the Project; and (ii) Environmental Damage or Degradation (including, without limitation, the presence of any Hazardous Substance) caused after the date of Execution of this Agreement by the Province or its employees, agents or contractors (except the Contractor) or those for whom the Province is legally responsible; which excepted Environmental Damage or Degradation shall be remediated by the Province in such manner and upon such timetable as the Province may determine, provided however that the Province shall ensure that neither the remediation ...

Condition of the Lands. ‌ Subject to Sections 11.7, 11.8, and 13.2(e), and subject to the Contractor’s obligations under this Agreement to carry out the Project, the Contractor shall maintain the Lands in good and proper order and repair throughout the duration of this Agreement, and shall: (a) subject to (e) below, be responsible for repairing all damage to the Lands, however caused, excepting only damage caused by a Force Majeure Event or damage to the extent caused directly by the Province or its agents or contractors (except the Contractor but including, without limitation, those contractors other than the Contractor engaged by the Province under Sections 7.3, 7.4 or 11.8) or those for whom the Province is legally responsible or caused by any person exercising rights under an Identified Encumbrance, a grant contemplated by the third paragraph of Section 4.1, Future Utilities (as defined in Section 4.8), or a consent contemplated by the last sentence of Section 4.14. Notwithstanding the foregoing in this Section 4.9(a), during the Construction Period the Province will bear the risk of damage to bridge structures, including without limitation sign bridge structures, on the Lands which exist as of the Execution of this Agreement and related to Highway 8/Glenmore Trail between Xxxx Creek Boulevard and east of 00 Xxxxxx, Xxxxxxx 00X/Xxxxxx Trail between 69 Street SW and east of Xxxxxxx Trail S, and on 37 Street from 000 Xxxxxx XX to Xxxxxxxx Road, caused by: (i) any person other than the Contractor, its agents or subcontractors or others for whom the Contractor is legally responsible; and (ii) any other incident or discrete event; (collectively, “In-Service Roadway Damage Events”). Upon the occurrence of an In-Service Roadway Damage Event, the Province is obligated to repair the damage, and to that end the Province shall direct the Contractor to repair the damage, and the Contractor shall repair the damage and invoice the Province the amount to which the Contractor would be entitled if the work were a Change Order Directive governed by Schedule 1 (Change Orders); (b) dispose of garbage from the Lands, in accordance with the requirements more particularly set out in the Technical Requirements; (c) not stockpile any material on the Lands (applicable to the Priority New Infrastructure) except during the PNI Construction Period and on the Lands (applicable to the Remaining New Infrastructure) except during the Construction Period or during and for the purpose of doing major rehabilita...

Condition of the Lands. 7.1 As is where is

Condition of the Lands. 9.1 Lake Xxxxxx Nation agrees that the Lands are transferred and accepted under this Agreement on an “as is” basis. 9.2 Before the Closing of each parcel of Lands, Lake Xxxxxx Nation will satisfy itself as to: (a) the physical access to the Lands (b) the improvements on the Lands and their condition, including utilities or other systems that serve the Lands; (c) the condition of the Lands, including the Environmental Condition; (d) the current and past uses of the Lands and any surrounding or neighbouring lands; (e) the economic feasibility of the development of the Lands; (f) the zoning and the bylaws of any government authority that relate to the development, use, and occupation of the Lands at Closing; (g) the application of federal or provincial enactments or laws to the Lands; and (h) the fitness or suitability of the Lands for any particular use, including the intended use of Lake Xxxxxx Nation or the Designated Entity. 9.3 Before the Closing of each parcel of Lands, the Province will make reasonable efforts to provide the information in its possession regarding the documented Environmental Condition of the Lands to Lake Xxxxxx Nation. 9.4 The Province makes no representation or warranty regarding: (a) any aspect of the condition of the Lands; (b) any other matter listed at section 9.2 [condition of lands due diligence]; or (c) the accuracy, relevance, reliability, or completeness of information provided under section 9.3 and Lake Xxxxxx Nation acknowledges and agrees that the Province has no liability for errors, omissions, or inaccuracies with respect to this information. 9.5 Lake Xxxxxx Nation waives, to the extent permitted by law, any requirement for the Province to provide to Lake Xxxxxx Nation a "site disclosure statement" under the Environmental Management Act, SCB 2003, c 53 regarding the Lands.

Condition of the Lands. Subject to the terms and conditions of this Agreement, particularly GC 9.1.1 of the CCDC, and subject to the Design-Builder’s obligations under this Agreement to carry out the Project, the Design-Builder shall maintain the Lands in good and proper order and repair throughout the duration of this Agreement, and shall: (a) be responsible for repairing all damage to the Lands (including infrastructure in or under the Lands), arising as a result of the Design-Builder’s operations under the Contract, excepting only damage caused by acts or omissions of the City or its employees, agents or contractors (except the Design-Builder); (b) dispose of garbage from the Lands; (c) not stockpile any material on the Lands except during the Construction Period; (d) not commit or permit by the Design-Builder’s agents or subcontractors or those for whom the Design-Builder is legally responsible, any waste or nuisance on the Lands; and (e) promptly deal with any Environmental Damage or Degradation to the Lands as required by applicable laws (which dealing with may require excavation and removal or may permit implementation of a risk management plan depending upon the applicable laws) in accordance with GC 9.2 of the CCDC. Compensation and extensions of Contract Time for any and all Work requited to address Environmental Damage or Degradation to the Lands will be determined based on and under GC 9.2.

Condition of the Lands. The TENANT accepts the PREMISES in an "as is" condition without any obligation on the part of the LANDLORD to make the PREMISES suitable for the BUSINESS except as otherwise noted in section 4.03 of this LEASE.

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Condition of the Leased Property Lessee acknowledges receipt and delivery of possession of the Leased Property. Lessee has examined and otherwise has knowledge of the condition of the Leased Property and has found the same to be satisfactory for its purposes hereunder. Lessee is leasing the Leased Property “as is” in its present condition. Lessee waives any claim or action against Lessor in respect of the condition of the Leased Property. LESSOR MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, IN RESPECT OF THE LEASED PROPERTY, OR ANY PART THEREOF, EITHER AS TO ITS FITNESS FOR USE, DESIGN OR CONDITION FOR ANY PARTICULAR USE OR PURPOSE OR OTHERWISE, AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP THEREIN, LATENT OR PATENT, IT BEING AGREED THAT ALL SUCH RISKS ARE TO BE BORNE BY LESSEE. LESSEE ACKNOWLEDGES THAT THE LEASED PROPERTY HAS BEEN INSPECTED BY LESSEE AND IS SATISFACTORY TO IT. Provided, however, to the extent permitted by law, Lessor hereby assigns to Lessee all of Lessor’s rights to proceed against any predecessor in title (other than any Affiliate of Lessee, which conveyed the Property to Lessor) for breaches of warranties or representations or for latent defects in the Leased Property. Lessor shall fully cooperate with Lessee in the prosecution of any such claim, in Lessor’s or Lessee’s name, all at Lessee’s sole cost and expense. Lessee hereby agrees to indemnify, defend and hold harmless Lessor from and against any claims, obligations and liabilities against or incurred by Lessor in connection with such cooperation.
Condition of the Premises Tenant has examined the Premises, including the appliances and fixtures ( and furnishings), and acknowledges that they are in good condition and repair, normal wear and tear excepted, and accepts them in its current condition, except for:
Condition of the Property THE LESSEE ACKNOWLEDGES AND AGREES THAT IT IS LEASING THE PROPERTY "AS IS" WITHOUT REPRESENTATION, WARRANTY OR COVENANT (EXPRESS OR IMPLIED) BY THE LESSOR AND SUBJECT TO (A) THE EXISTING STATE OF TITLE, (B) THE RIGHTS OF ANY PARTIES IN POSSESSION THEREOF, (C) ANY STATE OF FACTS WHICH AN ACCURATE SURVEY OR PHYSICAL INSPECTION MIGHT SHOW, AND (D) VIOLATIONS OF REQUIREMENTS OF LAW WHICH MAY EXIST ON THE DATE HEREOF OR ON THE ACQUISITION DATE. THE LESSOR HAS NOT MADE AND SHALL NOT BE DEEMED TO HAVE MADE ANY REPRESENTATION, WARRANTY OR COVENANT (EXPRESS OR IMPLIED) AND SHALL NOT BE DEEMED TO HAVE ANY LIABILITY WHATSOEVER AS TO THE TITLE (OTHER THAN FOR LESSOR LIENS), VALUE, HABITABILITY, USE, CONDITION, DESIGN, OPERATION, OR FITNESS FOR USE OF THE PROPERTY (OR ANY PART THEREOF), OR ANY OTHER REPRESENTATION, WARRANTY OR COVENANT WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROPERTY (OR ANY PART THEREOF) AND THE LESSOR SHALL NOT BE LIABLE FOR ANY LATENT, HIDDEN, OR PATENT DEFECT THEREIN (OTHER THAN FOR LESSOR LIENS) OR THE FAILURE OF THE PROPERTY, OR ANY PART THEREOF, TO COMPLY WITH ANY REQUIREMENT OF LAW.
Construction of the Improvements Once development of the Property has commenced, the construction of the Improvements shall be pursued with due diligence and continuity, in a good and workmanlike manner, and in accordance with sound building and engineering practices, all applicable governmental requirements, and the Development Plan. Borrower shall not permit cessation of work for a period in excess of thirty (30) days during any period of time during which development on the Property is scheduled to be performed without the prior written consent of Lender, which may be given or withheld in Lender’s sole discretion, except for delays due to strikes, riots, acts of God, war, unavailability of labor or materials, governmental laws, regulations or restrictions and Borrower shall promptly notify Lender of any such delays; provided, however, that in no event shall work cease for a period in excess of sixty (60) days regardless of the cause. Borrower shall cause all materials supplied for, or intended to be utilized in, the development of any part of the Property, but not affixed to or incorporated into the Property, to be stored on the Property or at such other location as may be approved by Lender in writing, with adequate safeguards, as required by Lender, to prevent loss, theft, damage, or commingling with other materials or projects.
Condition of the Business (a) Notwithstanding anything contained in this Agreement to the contrary, Purchaser acknowledges and agrees that Seller is not making any representations or warranties whatsoever, express or implied, beyond those expressly given by Seller in Article V hereof (as modified by the Seller Schedules as supplemented or amended), and Purchaser acknowledges and agrees that, except for the representations and warranties contained therein, the Purchased Assets and the Business are being transferred on a “where is” and, as to condition, “as is” basis. Any claims Purchaser may have for breach of representation or warranty shall be based solely on the representations and warranties of Seller set forth in Article V hereof (as modified by the Seller Schedules as supplemented or amended). Purchaser further represents that neither Seller nor any of its Affiliates nor any other Person has made any representation or warranty, express or implied, regarding Seller, the Purchased Assets, the Business or the transactions contemplated by this Agreement or as to the accuracy or completeness of any information not expressly set forth in this Agreement and neither Purchaser nor any of its Affiliates has relied on any such express or implied representation or warranty. Purchaser further agrees that none of Seller, any of its Affiliates or any other Person will have or be subject to any liability to Purchaser or any other Person resulting from the distribution to Purchaser or its representatives or Purchaser’s use of, any such information, including any confidential memoranda distributed on behalf of Seller relating to the Business or other publications or data room information provided to Purchaser or its representatives, or any other document or information in any form provided to Purchaser or its representatives in connection with the sale of the Business and the transactions contemplated hereby. Purchaser acknowledges that it has conducted to its satisfaction, its own independent investigation of the Business and, in making the determination to proceed with the transactions contemplated by this Agreement, Purchaser has relied on the results of its own independent investigation.
DESCRIPTION OF THE PREMISES Prior to, or during the first month of the effective use (transfer of keys) of the rented property and whenever important alterations have been made to the rented property during the rental period, both parties are obliged to draw up a detailed and contradictory description of the property at their joint expense. If one of the parties so requests, the parties will draw up a detailed and contradictory description of the premises at their joint expense at the end of the rental period. In the absence of an initial description of the premises, the tenant is deemed to have received the property in the condition in which it is in at the time they leave, except if the necessary proof to the contrary is provided. The same applies if no final description of the premises has been drawn up by the end date of the contract. After signature by the contracting parties, the description of the premises will be appended to the present agreement. The lessor has the right to make the reimbursement or release of the deposit dependent on the drawing up of the final description of the premises in the presence of the tenant or their representative, at a mutually agreed time. The lessor will make every effort to be present at this description of the premises at a reasonable time.
Condition of Premises Lessor makes no warranty or representation as to the Premises. Lessee acknowledges and agrees that it has occupied and familiarized itself with the Premises and has had adequate opportunity to investigate and inspect the condition of the Premises, and enters into this Lease upon the basis of its own review, and is leasing the Premises in their “AS IS, WHERE IS” CONDITION WITH ALL FAULTS, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTION, RENOVATION, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERS, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTS. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges and agrees that it has had an opportunity to review and to discuss with various agents and/or representatives of Lessor the environmental condition of the Premises. Lessee has investigated and has knowledge of operative or proposed governmental laws and regulations including, without limitation, environmental laws and regulations to which the Premises are or may be subject and enters into this Lease upon the basis of its review and determination of the applicability and effect of such laws and regulations. Lessee acknowledges that Lessor expressly disclaims any representations or warranties of any kind or nature, express or implied, as to the condition (financial or otherwise), value or quality of the products, assets or properties of the Premises. Lessee hereby accepts the Premises in their condition existing as of the date hereof, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the Premises, and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Lessee hereby agrees that all furniture, equipment, machinery and all other personal property, excepting any computers, that are located on or in the Premises as of the date hereof shall remain on the Premises as and when Lessee evacuates the Premises on the Termination Date or any extension thereof.
Unsafe Working Conditions Employees shall be recognized by the Employer to have the competence to determine what constitutes unsafe working conditions within their discipline. No employee shall be disciplined for refusal to work in a situation which is deemed unsafe beyond the reasonable requirements of the employee's job.
Condition of Facilities (i) Use of the Real Property of Purchaser for the various purposes for which it is presently being used is permitted as of right under all Applicable Laws related to zoning and is not subject to “permitted nonconforming” use or structure classifications. All Improvements are in compliance with all Applicable Laws, including those pertaining to zoning, building and the disabled, are in good repair and in good condition, ordinary wear and tear excepted, and are free from latent and patent defects. To the Knowledge of Purchaser, no part of any Improvement encroaches on any real property not included in the Real Property of Purchaser, and there are no buildings, structures, fixtures or other Improvements primarily situated on adjoining property which encroach on any part of the Land. (ii) Each item of Tangible Personal Property is in good repair and good operating condition, ordinary wear and tear excepted, is suitable for immediate use in the Ordinary Course of Business and is free from latent and patent defects. No item of Tangible Personal Property is in need of repair or replacement other than as part of routine maintenance in the Ordinary Course of Business. Except as disclosed in Schedule 5.1(l)(ii), all Tangible Personal Property used in the Purchaser Business is in the possession of Purchaser.
CONDITIONS OF PREMISES A. Within seven (7) days after you move-in, you are required to submit an online Room Condition Update to notify us in writing of any defects or damages in your assigned space (including common area, fixtures, appliances and furniture). Failure to do so will result in the assigned space being considered to be in a clean, safe and good working condition and you will be responsible for defects or damages that may have occurred before you moved in. B. With the exception of the items emailed to you or that you have submitted through the online Room Condition Update, you accept your assigned space, the fixtures, appliances and furniture in their “AS-IS” condition, with any faults. With regard to your assigned space, and the fixtures, appliances and furniture within, we make no express warranties and disclaim any and all implied warranties (other than the warranty of habitability). C. Excluding ordinary wear and tear from normal usage, you will be solely responsible to the Housing Office for damages to your assigned space and the furnishings provided in the assigned space. You are responsible for the cost of all repairs made necessary by you and/or your guest(s) or, as set forth below, any other person in violation of the License. This includes the negligent or careless use of your assigned space or any part of the residence hall, including, without limitation, damage from waste water stoppages caused by foreign or improper objects in lines serving the bathroom used by you, damages to furniture, appliances, doors, windows or screens, damage from windows or doors being left open and repairs or replacements to security devices necessitated by misuse or damage. You may be required to prepay for these repairs, or, if we decide to advance the funds for the repairs, you will be responsible for repaying us within ten (10) days. In addition, you could be charged for damages that may have been caused by other Residents if we cannot determine who did it, and you will be jointly and severally liable for all damages to other shared areas of the assigned space and any furnishings provided in those shared areas. If the party responsible for damages is identified, we may nonetheless determine, in our sole discretion, if you and other potentially responsible parties are allowed to renew for the next year. Your obligations to pay the charges described in this paragraph will continue after the end of this License. D. Furnishings Removal. You assume full responsibility for items furnished by us and agree to return them to us at the end of the License Term in as good condition as when you receive them, reasonable wear and tear excepted. You will be responsible for returning all furniture to its original position prior to vacating your assigned space. You will not remove our furniture, fixtures, and/or furnishings from the assigned space for any purpose.

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