Common use of Disclaimer of Representations and Warranties by Seller Clause in Contracts

Disclaimer of Representations and Warranties by Seller. Except for the limited representations of Seller in Section 3.9 herein, it is understood and agreed that Seller has not made and is not now making, and it specifically disclaims, any warranties,' representations or guaranties of any kind or character, express or implied, oral or written, past, present or future, with respect to the Property, including, but not limited to, warranties, representations or guaranties as to (i) matters of title (other than Seller's warranty of title set forth in the Deed (hereinafter defined) to be delivered at Closing), (ii) environmental matters relating to the Property or any portion thereof, (iii) geological conditions, including, without limitation, subsidence, subsurface conditions, water table, underground water reservoirs, limitations regarding the withdrawal of water and earthquake faults and the resulting damage of past and/or future earthquakes, (iv) whether, and to the extent to which the Property or any portion thereof is affected by any stream (surface or underground), body of water, flood prone area, flood plain, floodway or special flood hazard, (v) drainage, (vi) soil conditions, including the existence of instability, past soil repairs, soil additions or conditions of soil fill, or susceptibility to landslides, or the sufficiency of any undershoring, (vii) zoning to which the Property or any portion thereof may be subject, (viii) the availability of any utilities to the Property or any portion thereof including, without limitation, water, sewage, gas and electric, (ix) usages of adjoining Property, (x) access to the Property or any portion thereof, (xi) the value compliance with the plans and specifications, size, location, age, use, design, quality, description, suitability, structural integrity, operation, title to, or physical or financial condition of the Property or any portion thereof, (xii) any income, expenses, charges, liens, encumbrances, rights or claims on or affecting or pertaining to the Property or any part thereof, (xiii) the presence of Hazardous Substances (hereinafter defined) in or on, under or in the vicinity of the Property, (xiv) the condition or use of the Property or compliance of the Property with any or all past, present or future federal, state or local ordinances, rules, regulations or laws, building, rim or zoning ordinances, codes or other similar laws, (xv) the existence or nonexistence of underground storage tanks, (xvi) any other matter affecting the stability or integrity of the Property, (xvii) the potential for further development of the Property, (xviii) the existence of vested land use, zoning or building entitlements affecting the Property, (xix) the merchantability of the Property or fitness of the Property for any particular purpose (Purchaser affirming that Purchaser has not relied on Seller's skill or judgment to select or furnish the Property for any particular purpose, and that Seller makes no warranty that the Property is fit for any particular purpose), or (xx) tax consequences.

Disclaimer of Representations and Warranties by Seller. Except Notwithstanding anything contained herein to the contrary, except for the limited representations of Seller set forth in Section 3.9 hereinSections 3.05(a) and 7.04, it is understood and agreed that Seller has and the Seller Related Parties have not made and is are not now making, and it they specifically disclaimsdisclaim, any warranties,' , representations or guaranties of any kind or character, express or implied, oral or written, past, present or future, with respect to the Property, including, but not limited to, warranties, representations or guaranties as to (i) matters of title (other than Seller's warranty of title set forth in the Deed (hereinafter defined) to be delivered at Closing)title, (ii) environmental matters relating to the Property or any portion thereof, (iii) geological conditions, including, without limitation, subsidence, subsidence or subsurface conditions, water table, underground water reservoirs, limitations regarding the withdrawal of water and earthquake faults and the resulting damage of past and/or future earthquakes, (iv) whether, and to the extent to which the Property or any portion thereof is affected by any stream (surface or underground), body of water, flood prone area, flood plain, floodway or special flood hazard, (v) drainage, (vi) soil conditions, including the existence of instability, past soil repairs, soil additions or conditions of soil fill, or susceptibility to landslides, or the sufficiency of any undershoring, (vii) zoning to which the Property or any portion thereof may be subject, (viiiv) the availability of any utilities to the Property or any portion thereof including, without limitation, water, sewage, gas and electric, (ixvi) usages of adjoining Property, (xvii) access to the Property or any portion thereof, (xiviii) the value value, compliance with the plans and specifications, size, location, age, use, design, quality, description, suitability, structural integrity, operation, title to, operation or physical or financial condition of the Property or any portion thereof, (xiiix) any income, expenses, charges, liens, encumbrances, rights or claims on or affecting or pertaining to the Property or any part thereof, (xiiix) the presence of Hazardous Substances (hereinafter defined) in or on, under or in the vicinity of the Property, (xivxi) the condition or use of the Property or compliance of the Property with any or all past, present or future federal, state or local ordinances, rules, regulations or laws, building, rim fire or zoning ordinances, codes or other similar laws, or (xv) the existence or nonexistence of underground storage tanks, (xvi) any other matter affecting the stability or integrity of the Property, (xvii) the potential for further development of the Property, (xviii) the existence of vested land use, zoning or building entitlements affecting the Property, (xixxii) the merchantability of the Property or fitness of the Property for any particular purpose (Purchaser affirming that Purchaser has not relied on Seller's skill or judgment to select or furnish the Property for any particular purpose, and that Seller makes no warranty that the Property is fit for any particular purpose), or (xx) tax consequences.

Disclaimer of Representations and Warranties by Seller. Except Notwithstanding anything contained herein to the contrary, except for the limited representations of Seller set forth in Section 3.9 hereinSections 3.05(a) and 7.04, it is understood and agreed that Seller has and the Seller Related Parties have not made and is are not now making, and it they specifically disclaims, disclaim. any warranties,' , representations or guaranties of any kind or character, express or implied, oral or written, past, present or future, with respect to the Property, including, but not limited to, warranties, representations or guaranties as to (i) matters of title (other than Seller's warranty of title set forth in the Deed (hereinafter defined) to be delivered at Closing)title, (ii) environmental matters relating to the Property or any portion thereof, (iii) geological conditions, including, without limitation, subsidence, subsidence or subsurface conditions, water table, underground water reservoirs, limitations regarding the withdrawal of water and earthquake faults and the resulting damage of past and/or future earthquakes, (iv) whether, and to the extent to which the Property or any portion thereof is affected by any stream (surface or underground), body of water, flood prone area, flood plain, floodway or special flood hazard, (v) drainage, (vi) soil conditions, including the existence of instability, past soil repairs, soil additions or conditions of soil fill, or susceptibility to landslides, or the sufficiency of any undershoring, (vii) zoning to which the Property or any portion thereof may be subject, (viiiv) the availability of any utilities to the Property or any portion thereof including, without limitation, water, sewage, gas and electric, (ixvi) usages of adjoining Property, (xvii) access to the Property or any portion thereof, (xiviii) the value value, compliance with the plans and specifications, size, location, age, use, design, quality, description, suitability, structural integrity, operation, title to, operation or physical or financial condition of the Property or any portion thereof, (xiiix) any income, expenses, charges, liens, encumbrances, rights or claims on or affecting or pertaining to the Property or any part thereof, (xiiix) the presence of Hazardous Substances (hereinafter defined) in or on, under or in the vicinity of the Property, (xivxi) the condition or use of the Property or compliance of the Property with any or all past, present or future federal, state or local ordinances, rules, regulations or laws, building, rim fire or zoning ordinances, codes or other similar laws, or (xv) the existence or nonexistence of underground storage tanks, (xvi) any other matter affecting the stability or integrity of the Property, (xvii) the potential for further development of the Property, (xviii) the existence of vested land use, zoning or building entitlements affecting the Property, (xixxii) the merchantability of the Property or fitness of the Property for any particular purpose (Purchaser affirming that Purchaser has not relied on Seller's skill or judgment to select or furnish the Property for any particular purpose, and that Seller makes no warranty that the Property is fit for any particular purpose), or (xx) tax consequences.

Disclaimer of Representations and Warranties by Seller. Except for Notwithstanding anything contained herein to the limited contrary, except with respect to the representations and warranties of Seller set forth in Section 3.9 herein10, it is understood and agreed that Seller has not made and is not now making, and it Seller specifically disclaims, any other warranties,' , representations or guaranties of any kind or character, express or implied, oral or written, past, present or future, with respect to the Property, including, but not limited to, warranties, representations or guaranties as to (iA) matters of title (other than Seller's warranty of title set forth in the Deed (hereinafter defined) to be delivered at Closing)title, (iiB) environmental matters relating to the Property or any portion thereof, (iiiC) geological conditions, including, without limitation, subsidence, subsurface conditions, water table, underground water reservoirs, limitations regarding the withdrawal of water and earthquake faults and the resulting damage of past and/or future earthquakes, (ivD) whether, and to the extent to which which, the Property or any portion thereof is affected by any stream (surface or underground), body of water, flood prone area, flood plain, floodway or special flood hazard, (vE) drainage, (viF) soil conditions, including the existence of instability, past soil repairs, soil additions or conditions of soil fill, or susceptibility to landslides, or the sufficiency of any undershoring, (viiG) zoning to which the Property or any portion thereof may be subject, (viiiH) the availability of any utilities to the Property or any portion thereof including, without limitation, water, sewage, gas and electric, (ixI) usages of adjoining Propertyproperty, (xJ) access to the Property or any portion thereof, (xiK) the value value, compliance with the plans and specifications, size, location, age, use, design, quality, description, suitability, structural integrity, operation, title to, or physical or financial condition of the Property or any portion thereof, (xiiL) any income, expenses, charges, liens, encumbrances, rights expenses or claims charges on or affecting or pertaining to the Property or any part thereof, (xiiiM) the presence of Hazardous Substances (hereinafter defined) Materials in or on, under or in the vicinity of the Property, (xivN) the condition or use of the Property or compliance of the Property with any or all past, present or future federal, state or local ordinances, rules, regulations or laws, building, rim fire or zoning ordinances, codes or other similar lawslaws (including, but not limited to, Title III of the Americans With Disabilities Act (42 U.S.C.A. Sections 12101 et seq.), and federal, state or common-law based actions and any private right of action under state and federal law to which the Property is or may be subject, including, but not limited to, CERCLA (42 U.S.C.A. Sections 9601 et seq.) and RCRA (42 U.S.C.A. Sections 6901 et seq.)), (xvO) the existence or nonexistence non-existence of underground storage tanks, (xviP) any other matter matters affecting the stability or integrity of the Property, (xviiQ) the potential for further development of the Property, (xviiiR) the existence of vested land use, zoning or building entitlements affecting the Property, (xixS) the merchantability of the Property or fitness of the Property for any particular purpose (Purchaser affirming that Purchaser has not relied on Seller's skill or judgment to select or furnish the Property for any particular purpose, and that Seller makes no warranty that the Property is fit for any particular purpose), or (xxT) tax consequences, (U) the content or accuracy of any report, study opinion or conclusion of any soils, environmental or other engineer or other person or entity who has examined the Property or any aspect thereof, (V) the content or accuracy of any information released to Purchaser by an engineer or planner in connection with the development of the Property or (W) except as set forth in Section 10.3 or otherwise in this Agreement, the content or accuracy of the documents, materials and any other information given to Purchaser by Seller with respect to the Property. The terms and conditions of this Paragraph 19.2 shall expressly survive the Close of Escrow and shall not be merged with the Grant Deed.