Disclaimers By Sellers. Except as expressly set forth in this Agreement, it is understood and agreed that Sellers and Sellers’ agents or employees have not at any time made and are not now making, and they specifically disclaim, any warranties, representations or guaranties of any kind or character, express or implied, with respect to the Properties, including, but not limited to, warranties, representations or guaranties as to (a) matters of title, (b) environmental matters relating to the Properties or any portions thereof, including, without limitation, the presence of Hazardous Materials in, on, under or in the vicinity of the Properties, (c) geological conditions, including, without limitation, subsidence, subsurface conditions, water table, underground water reservoirs, limitations regarding the withdrawal of water, and geologic faults and the resulting damage of past and/or future faulting, (d) whether, and to the extent to which the Properties or any portions thereof are affected by any stream (surface or underground), body of water, wetlands, flood prone area, flood plain, floodway or special flood hazard, (e) drainage, (f) 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, (g) the presence of endangered species or any environmentally sensitive or protected areas, (h) zoning or building entitlements to which the Properties or any portions thereof may be subject, (i) the availability of any utilities to the Properties or any portions thereof including, without limitation, water, sewage, gas and electric, (j) usages of adjoining property, (k) access to the Properties or any portions thereof, (l) 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 Properties or any portion thereof, or any income, expenses, charges, liens, encumbrances, rights or claims on or affecting or pertaining to the Properties or any parts thereof, (m) the condition or use of the Properties or compliance of the Properties with any or all past, present or future federal, state or local Laws, (n) the existence or non-existence of underground storage tanks, surface impoundments, or landfills, (o) any other matter affecting the stability and integrity of the Properties, (p) the potential for further development of the Properties, (q) the merchantability of the Properties or fitness of the Properties for any particular purpose, (r) the truth, accuracy or completeness of the Property Information, (s) tax consequences, or (t) any other matter or thing with respect to the Properties.
Appears in 1 contract
Samples: Purchase Agreement (Inland Western Retail Real Estate Trust Inc)
Disclaimers By Sellers. Except as expressly set forth in this AgreementAgreement and in the Transaction Documents, it is understood and agreed that Sellers and Sellers’ agents or employees have not at any time made and are not now making, and they specifically disclaimdisclaims, any warranties, warranties or representations or guaranties of any kind or character, express or implied, with respect to the PropertiesProperty, including, but not limited to, warranties, warranties or representations or guaranties as to (ai) matters of title, (bii) environmental matters relating to the Properties Property or any portions portion thereof, including, without limitation, the presence of Hazardous Materials in, on, under or in the vicinity of the PropertiesProperty, (ciii) geological conditions, including, without limitation, subsidence, subsurface conditions, water table, underground water reservoirs, limitations regarding the withdrawal of water, and geologic faults and the resulting damage of past and/or future faulting, (div) whether, and to the extent to which the Properties Property or any portions portion thereof are is affected by any stream (surface or underground), body of water, wetlands, flood prone area, flood plain, floodway or special flood hazard or fire hazard, (ev) drainage, (fvi) 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, (gvii) the presence of endangered species or any environmentally sensitive or protected areas, (hviii) zoning or building entitlements to which the Properties Property or any portions portion thereof may be subject, (iix) the availability of any utilities to the Properties Property or any portions portion thereof including, without limitation, water, sewage, gas and electric, (jx) usages of adjoining property, (kxi) access to the Properties Property or any portions portion thereof, (lxii) 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 Properties Property or any portion thereof, or any income, expenses, charges, liens, encumbrances, rights or claims on or affecting or pertaining to the Properties Property or any parts part thereof, (mxiii) the condition or use of the Properties Property or compliance of the Properties Property with any or all past, present or future federal, state or local Lawsordinances, rules, regulations or laws, building, fire or zoning ordinances, codes or other similar laws, (nxiv) the existence or non-existence of underground storage tanks, surface impoundments, or landfills, (o) any other matter affecting the stability and integrity of the Properties, (p) the potential for further development of the Properties, (qxv) the merchantability of the Properties Property or fitness of the Properties Property for any particular purpose, (rxvi) the truth, accuracy or completeness of the Property InformationDocuments, (sxvii) tax consequences, or (txviii) any other matter or thing with respect to the PropertiesProperty.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Industrial Property Trust Inc.)
Disclaimers By Sellers. Except as expressly set forth in this Agreement, it is understood and agreed that Sellers and Sellers’ agents or employees have not at any time made and are not now making, and they specifically disclaim, any warranties, representations or guaranties of any kind or character, express or of implied, with respect to the Properties, including, but not limited to, warranties, representations or guaranties as to (a) matters of titletitle (other than Sellers’ special warranty of title to be contained in the Deeds), (b) environmental matters relating to the Properties or any portions portion thereof, including, without limitation, the presence of Hazardous Materials in, on, under or in the vicinity of the Properties, (c) geological conditions, including, without limitation, subsidence, subsurface conditions, water table, underground water reservoirs, limitations regarding the withdrawal of water, and geologic faults and the resulting damage of past and/or future faulting, (d) whether, and to the extent to which the Properties Property or any portions portion thereof are is affected by any stream (surface or underground), body of water, wetlands, flood prone area, flood plain, floodway or special flood hazard, (e) drainage, (f) 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, (g) the presence of endangered species or any environmentally sensitive or protected areas, (h) zoning or building entitlements to which the Properties or any portions portion thereof may be subject, (i) the availability of any utilities to the Properties or any portions portion thereof including, without limitation, water, sewage, gas and electric, (j) usages of adjoining property, (k) access to the Properties or any portions portion thereof, (l) 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 Properties or any portion thereof, or any income, expenses, charges, lienslines, encumbrances, rights or claims on or affecting or pertaining to the Properties or any parts part thereof, (m) the condition or use of the Properties or compliance of the Properties properties with any or all past, present or future federal, state or local Lawsordinances, rules, regulations or laws, building, fire or zoning ordinances, codes or other similar laws, (n) the existence or non-existence of underground storage tanks, surface impoundments, or landfills, (o) any other matter affecting the stability and integrity of the Properties, (p) the potential for further development of the PropertiesProperty, (q) the merchantability of the Properties or fitness of the Properties for any particular purpose, (r) the truth, accuracy or completeness of the Property InformationDocuments, (s) tax consequences, or (t) any other matter or thing with respect to the Properties.
Appears in 1 contract
Samples: Purchase and Sale Agreement (KBS Strategic Opportunity REIT, Inc.)
Disclaimers By Sellers. Except as expressly set forth in this AgreementAgreement and in the documents executed by Sellers at Closing, it is understood and agreed that Sellers and Sellers’ agents or employees have not at any time made and are not now making, and they specifically disclaim, any warranties, representations or guaranties of any kind or character, express or implied, with respect to the PropertiesProperty, including, but not limited to, warranties, representations or guaranties as to (a) matters of titletitle (other than Sellers’ special warranty of title to be contained in the Deed), (b) environmental matters relating to the Properties Property or any portions portion thereof, including, without limitation, the presence of Hazardous Materials in, on, under or in the vicinity of the PropertiesProperty, (c) geological conditions, including, without limitation, subsidence, subsurface conditions, water table, underground water reservoirs, limitations regarding the withdrawal of water, and geologic faults and the resulting damage of past and/or future faulting, (d) whether, and to the extent to which the Properties Property or any portions portion thereof are is affected by any stream (surface or underground), body of water, wetlands, flood prone area, flood plain, floodway or special flood hazard, (e) drainage, (f) 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, (g) the presence of endangered species or any environmentally sensitive or protected areas, (h) zoning or building entitlements to which the Properties Property or any portions portion thereof may be subject, (i) the availability of any utilities to the Properties Property or any portions portion thereof including, without limitation, water, sewage, gas and electric, (j) usages of adjoining property, (k) access to the Properties Property or any portions portion thereof, (l) 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 Properties Property or any portion thereof, or any income, expenses, charges, liens, encumbrances, rights or claims on or affecting or pertaining to the Properties Property or any parts part thereof, (m) the condition or use of the Properties Property or compliance of the Properties Property with any or all past, present or future federal, state or local Lawsordinances, rules, regulations or laws, building, fire or zoning ordinances, codes or other similar laws, (n) the existence or non-existence of underground storage tanks, surface impoundments, or landfills, (o) any other matter affecting the stability and integrity of the PropertiesProperty, (p) the potential for further development of the PropertiesProperty, (q) the merchantability of the Properties Property or fitness of the Properties Property for any particular purpose, (r) the truth, accuracy or completeness of the Property InformationDocuments, (s) tax consequences, or (t) any other matter or thing with respect to the PropertiesProperty.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Strategic Storage Trust IV, Inc.)