Current Use. The current use of the Real Property does not violate in any material respect any instrument of record or agreement affecting such Real Property. There is no violation of any covenant, condition, restriction, easement, agreement or order of any governmental authority having jurisdiction over any of the Real Property that affects such real property or the use or occupancy thereof (except for Permitted Liens). No damage or destruction has occurred with respect to any of the Real Property that, individually or in the aggregate, has had or resulted in, or is reasonably likely to have or result in, a Material Adverse Effect on the Company.
Current Use. The use and operation of the Owned Real Property and the Leased Real Property in the conduct of the Business do not violate in any material respect any Law, covenant, condition, restriction, easement, license, permit, or agreement.
Current Use. Transferor has received no written notice that the use and operation of the Real Property in the conduct of the Business violates in any material respect any instrument of record or agreement affecting the Real Property. Transferor has received no written notice that there is any violation of any covenant, condition, restriction, easement or order of any Governmental Authority having jurisdiction over such property or of any other Person entitled to enforce the same affecting the Real Property or the use or occupancy thereof. No damage or destruction has occurred with respect to any of the Real Property since December 31, 1997 that would, individually or in the aggregate, have a Material Adverse Effect.
Current Use. There is no known violation of any covenant, condition, restriction, easement, agreement or order of any governmental authority having jurisdiction over any Leased Real Property that affects such real property or the use or occupancy thereof. No damage or destruction has occurred with respect to any of the Leased Real Property that, individually or in the aggregate, has had or resulted in, or will have or result in, a significant adverse effect on the operation of the business of any Group Company. No current use by any Group Company of any Leased Real Property is dependent on a nonconforming use or other approval from a governmental authority, the absence of which would limit the use of any of the properties or assets in the operation of any Group Company’s business.
Current Use. The use and operation of the Real Property by Seller does not violate in any material respect any instrument of record or agreement affecting the Real Property. To the knowledge of Seller, there is no violation of any covenant, condition, restriction, easement or order of any Governmental Authority having jurisdiction over such property or of any other Person entitled to enforce the same affecting the Real Property or the use or occupancy thereof. No damage or destruction has occurred with respect to any of the Real Property since December 31, 2003 that would, individually or in the aggregate, have a Material Adverse Effect. (e)
Current Use. The current use of the Owned Real Property does not violate in any material respect any instrument of record or agreement affecting such Owned Real Property. There is no violation of any covenant, ordinance, law, regulation, condition, restriction, easement, agreement or order of any Government Authority having jurisdiction over any of the Owned Real Property that affects such real property or the use or occupancy thereof. No damage or destruction has occurred with respect to any of the Owned Real Property that, individually or in the aggregate, has had or resulted in, or will have or result in, a significant adverse effect on the operation of the Business.
Current Use. The use and operation of the Owned Real Property or the Leased Real Property by the Company does not violate in any material respect any instrument of record or agreement affecting the Owned Real Property or the Leased Real Property. There is no violation of any covenant, condition, restriction, easement or order of any Governmental Authority having jurisdiction over such property or of any other Person entitled to enforce the same affecting the Owned Real Property or the Leased Real Property or the use or occupancy thereof. No damage or destruction has occurred with respect to any of the Owned Real Property or the Leased Real Property that would, individually or in the aggregate, have a Material Adverse Effect on the Company.
Current Use. The use and operation of the real property in the conduct of the Company's Video Business and the Subsidiary's business does not violate in any material respect any instrument of record or agreement affecting the real property. There is no violation of any covenant, condition, restriction, easement or order of any Governmental Authority having jurisdiction over such property or of any other person entitled to enforce the same affecting the real property or the use or occupancy hereof. No damage or destruction has occurred with respect to any of the real property.
Current Use. The current use of the Leased Premises does not violate any instrument of record or agreement affecting the Leased Premises, nor shall the consummation of this transaction result in any such violation. There is no violation of any covenant, condition, restriction, easement, agreement or order of any governmental authority having jurisdiction over the Leased Premises that affects such real property or the use or occupancy thereof. No damage or destruction has occurred with respect to any of the Leased Premises that, individually or in the aggregate, has had or resulted in, or will have or result in, an adverse effect on the operation of the Business.
Current Use. Buyer understands and acknowledges that the land of the Subdivision, including the Lot, is adjacent to, nearby or in the vicinity of lands that have been, are being, or which in the future may be, actively used for the growing, harvesting and processing of sugar cane and other agricultural products (collectively, the "Agricultural Activities"), which activities may from time to time bring upon the Subdivision, including the Lot, or result in smoke, dust, noise, heat, odors, agricultural chemicals, particulates and similar substances, nuisances and pollutants (collectively, the "Agricultural By-Products"). Buyer hereby accepts the foregoing conditions as well as any inconvenience or annoyance that Buyer may experience as a result of such conditions, and hereby assumes complete risk of and forever releases Seller, Alexander & Xxxxxxx, Inc., and their respective subsidiaries, affiliated companies, successors and assigns, from all claims for damages and nuisances occurring on the Lot and arising out of any Agricultural Activities or Agricultural By-Products. Buyer also agrees to (i) the waivers of rights against, and indemnities with respect to, "Declarant" (as defined in the A&B Declaration) set forth in Section 3(a) of the A&B Declaration, and (ii) expressly waive any rights, claims or actions that Buyer might otherwise have against Seller, its subsidiaries and affiliates, and their successors and assigns, as a result of Agricultural Activities or Agricultural By-Products, including, without limitation, any right to make any claim for injury to persons or property attributable thereto, and any right to require that such conditions be corrected or eliminated.
