Conditions of Property a. The property is believed and shall be taken to be correctly described and is sold subject to all express and implied conditions, restrictions in interest, easements, common rights, leases, tenancies, occupiers, encroachment, trespass, nuisance, charges, liens, caveats, covenants, liabilities, encumbrances, all public and private rights of way, support, drainage, light and all other rights or other incidents (if any) subsisting thereon without any obligation arising for the Assignee/Bank to define the same respectively and any error, mis- statement, omission or mis-description discovered in the contract shall not annul the sale nor shall any compensation be allowed by or to either party in respect thereof. The Purchaser shall be deemed to have full knowledge of the state and condition of the property.
b. The Purchaser shall be deemed to have inspected and investigated the conditions of the property as is where is and shall raise no requisition or objection thereon or thereto. No representation warranty or undertaking whatsoever is made or should be implied as to whether or not the property complies with any relevant building by-laws or legislation. The Purchaser shall take the property as is where is and shall not require the connection of water, electricity or other utilities thereto nor removal of any rubbish thereat. The fact (if such be the case) that the property or renovations thereat may contravene building by-laws or legislation shall not annul the sale or entitle the Purchaser to rescind the sale or claim damages or diminution in price.
c. The Assignee/Bank makes no representation as to the ownership of furniture fittings and fixtures situated at the property which items may be on hire purchase, lease or deferred sale from third parties. In such cases the Assignee/Bank accepts no liability for any payments which may be outstanding in respect thereof and the property is sold subject thereto.
Conditions of Property. Following completion of Purchaser’s inspection during the Due Diligence Period, Purchaser acknowledges and represents that Purchaser will be fully aware of the physical condition and state of repair of the Premises and of all other property included in this sale, based on Purchaser’s own inspection and investigation thereof, and that Purchaser is entering into this Contract based solely upon such inspection and investigations and not upon any information, data, statements or representations, written or oral, as to the physical condition, state of repair, use, cost of operation or any other matter related to the Premises or the other property included in the sale, given or made by Sellers or its representatives, and shall accept the same “as is” in their present condition and state of repair, subject to reasonable use, wear, tear and natural deterioration between the date hereof and the date of Closing (except as otherwise set forth in Paragraph 14(d) and Paragraph 8 of Purchaser’s Rider), without any reduction in the purchase price, except as otherwise specifically provided in this Contract, or claim of any kind for any change in such condition by reason thereof subsequent to the date of this Contract. Purchasers and their authorized representatives shall have the right, at reasonable times and upon reasonable notice (by telephone or otherwise) to Sellers, to inspect the Premises before Closing.
Conditions of Property. Borrower represents and warrants that Borrower has not received notice from any insurance company or bonding company of any defects or inadequacies in any or all of the Property which could (1) adversely affect the insurability of any or all of the Property, (2) cause the imposition of increased premiums or charges or (3) cause the termination of any insurance policy or bond.
Conditions of Property. (a) In addition to the performance or satisfaction in all material respects of all the other provisions of this Agreement by Seller, the Closing and the obligation of Purchaser to buy the Property under this Agreement shall be conditioned expressly on the satisfaction of the following conditions at the Closing Date:
(1) the Improvements shall not have suffered a casualty resulting in the destruction of or damage in a material way to the structural integrity of the roof support, walls, steel superstructure or other major structural components of the Improvements.
(2) no eminent domain proceedings shall have taken place or be pending which involve the condemnation or taking of any portion of the Premises which impairs vehicular or pedestrian access to the Premises or causes the Improvements no longer to be able to comply with applicable zoning in any material respect or to be able to be used for the Purchaser's Intended Use.
(3) delivery of full possession of the Land and Improvements, free of all tenants and occupants, except for Seller under the Lease, to Purchaser, the Land and Improvements to be then (i) in the same condition as they now are, reasonable wear and tear and casualties and takings as provided in clauses 1 and 2 above excepted, (ii) not in violation of any applicable encumbrance referred to in Paragraph 4 hereof in any material respect, (iii) free of all of Seller's equipment, furnishings, machinery, trade fixtures and all tangible personal property except such as remains in the space occupied by Seller under the Lease, and (iv) free of all remaining trash, debris and related materials.
(4) no tenants or occupants shall occupy the Land and Improvements except Seller under the Lease.
(b) Should Purchaser choose or be obligated in the event of any casualty or any taking of any portion of the Premises, to proceed to a Closing, then all unexpended proceeds and all rights to insurance proceeds and taking proceeds, as applicable, together with the amount of any applicable unexpended deductible, shall be assigned and paid over by Seller to Purchaser.
(c) Purchaser may waive any of the foregoing conditions in this Paragraph 11 and any such waiver shall not be deemed a waiver or modification of any other conditions.
Conditions of Property. Buyer has personally inspected the property and accepts it in AS IS condition (subject to Buyer’s right to have a property inspection, if any). Seller has made no warranties about the property or its condition. Seller will obtain certification of occupancy from the municipality, if necessary, and comply with required corrections. Seller agrees to maintain the property in its present condition until Buyer possession. Seller agrees to leave property broom clean upon vacating.
Conditions of Property. Buyer has personally inspected the property and accepts the property AS IS - WHERE IS. Seller has made no warranties or representations about the property or its condition, other than those required by law on appropriate disclosure statements. Seller will obtain a certificate of occupancy from the municipality if such certificate is necessary by local ordinance. Seller agrees to maintain the property in its present condition until Buyer takes possession. Seller agrees to leave the property broom clean upon vacating. If the property being purchased is new construction, there may be builders’ or other warranties between the Buyer and Seller. Any such warranties must be in writing and signed by both parties.
Conditions of Property. CEPI hereby acknowledges and accepts that on ---------------------- the Closing date the equipment to be sold and transferred by PGP to CEPI will be sold in its then "as is, where is" condition without any warranties, written or verbal, expressed or implied, as to the condition of such equipment sold. CEPI has been given free and unencumbered access to the Antelope Creek Field and has inspected the equipment prior to Closing. PGP makes no warranty as to the condition, safety, or operating condition of the equipment sold to CEPI which will survive the date of Closing.
Conditions of Property. Condition of Premises/Alterations/Damage/Repairs: Unless otherwise stated immediately below, it is the representation of both the Tenant and Landlord that they have inspected the premises notwithstanding the foregoing, prior to MOVE IN, it will be noted and agree that the Premises is thoroughly clean; painted; there are no holes in any walls; carpets are either new or recently shampooed and in good condition (without holes); blinds are clean and working; all appliances (if any) are in good working order; all electrical, plumbing, A/C and heating systems are functioning properly and in good working order. Written notice must be given to Landlord at MOVE IN of any of the above mentioned items not met. Light bulbs will be supplied at move in and tenant is responsible for replacing throughout the term of the lease. Any attached, glued, painted, improvements to the Premises (whether or not Landlord has consented) will become Landlord’s property unless Landlord agrees in writing otherwise. Tenant (while living on the premises)shall be fully responsible for the costs of clearing any plumbing stoppages caused in the Premises due to Tenant or Tenants’ invitees as well as (but not limited to) stoppages due to hair or foreign matters. It is the responsibility of Tenant to provide access to the Premises at all reasonable times in order for repairs to be made. During Tenant occupancy of the premises, any damage (other than normal wear and tear) detected and repaired in the Tenant premises or common area shall be paid by Tenant to Landlord upon 10 days written notice of work performed and the amount due.
Conditions of Property. Each building, fixture, machine and piece of equipment (having a net book value of Five Thousand Dollars ($5,000.00) or more), owned or used by Meritus or any of its Subsidiaries is listed in SECTION 5.1(x) of the Company Disclosure Letter and is in good operating condition and repair (ordinary wear and tear excepted), and is in good compliance with all zoning, building and fire codes, except for such instances of noncompliance that would not have or be reasonably likely to have a Material Adverse Effect. Meritus or its Subsidiaries owns and has good and legal title to, or leases under leases which are valid and under which Meritus or its Subsidiaries are not currently in default, all buildings, machinery, equipment and other tangible assets used in the conduct of Meritus's or such Subsidiary's business as presently conducted, reflected in the most recent Company Reports, and, except as set forth in SECTION 5.1(x) of the Company Disclosure Letter, are free and clear of all liens, claims and encumbrances;
Conditions of Property. Except as noted in that certain Property Condition Report dated December 6, 2021, prepared by EBI Consulting as EBI Project No. ____________, the Property is not now damaged or injured as a result of any fire, explosion, accident, flood or other casualty.
