Common use of Disclaimers By Sellers Clause in Contracts

Disclaimers By Sellers. Except as expressly set forth in this Agreement and in the Transaction Documents, it is understood and agreed that Sellers have not at any time made and are not now making, and specifically disclaims, any warranties or representations of any kind or character, express or implied, with respect to the Property, including, but not limited to, warranties or representations as to (i) matters of title, (ii) environmental matters relating to the Property or any portion thereof, including, without limitation, the presence of Hazardous Materials in, on, under or in the vicinity of the Property, (iii) 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, (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, wetlands, flood prone area, flood plain, floodway or special flood hazard or fire 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) the presence of endangered species or any environmentally sensitive or protected areas, (viii) zoning or building entitlements to which the Property or any portion thereof may be subject, (ix) the availability of any utilities to the Property or any portion thereof including, without limitation, water, sewage, gas and electric, (x) usages of adjoining property, (xi) access to the Property or any portion thereof, (xii) 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, or any income, expenses, charges, liens, encumbrances, rights or claims on or affecting or pertaining to the Property or any part thereof, (xiii) 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, fire or zoning ordinances, codes or other similar laws, (xiv) the existence or non-existence of underground storage tanks, surface impoundments, or landfills, (xv) the merchantability of the Property or fitness of the Property for any particular purpose, (xvi) the truth, accuracy or completeness of the Property Documents, (xvii) tax consequences, or (xviii) any other matter or thing with respect to the Property.

Disclaimers By Sellers. Except as expressly set forth in this Agreement and in the Transaction Documentsdocuments 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 disclaimsdisclaim, any warranties warranties, representations or representations guaranties of any kind or character, express or implied, with respect to the Property, including, but not limited to, warranties warranties, representations or representations guaranties as to (ia) matters of titletitle (other than Sellers’ special warranty of title to be contained in the Deed), (iib) environmental matters relating to the Property or any portion thereof, including, without limitation, the presence of Hazardous Materials in, on, under or in the vicinity of the Property, (iiic) 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, (ivd) whether, and to the extent to which the Property or any portion thereof 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, (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) the presence of endangered species or any environmentally sensitive or protected areas, (viiih) zoning or building entitlements to which the Property or any portion thereof may be subject, (ixi) the availability of any utilities to the Property or any portion thereof including, without limitation, water, sewage, gas and electric, (xj) usages of adjoining property, (xik) access to the Property or any portion thereof, (xiil) 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, or any income, expenses, charges, liens, encumbrances, rights or claims on or affecting or pertaining to the Property or any part thereof, (xiiim) 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, fire or zoning ordinances, codes or other similar laws, (xivn) the existence or non-existence of underground storage tanks, surface impoundments, or landfills, (xvo) any other matter affecting the stability and integrity of the Property, (p) the potential for further development of the Property, (q) the merchantability of the Property or fitness of the Property for any particular purpose, (xvir) the truth, accuracy or completeness of the Property Documents, (xviis) tax consequences, or (xviiit) any other matter or thing with respect to the Property.

Disclaimers By Sellers. Except as expressly set forth in this Agreement and in the Transaction DocumentsAgreement, 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 disclaimsdisclaim, any warranties warranties, representations or representations guaranties of any kind or character, express or of implied, with respect to the PropertyProperties, including, but not limited to, warranties warranties, representations or representations guaranties as to (ia) matters of titletitle (other than Sellers’ special warranty of title to be contained in the Deeds), (iib) environmental matters relating to the Property Properties or any portion thereof, including, without limitation, the presence of Hazardous Materials in, on, under or in the vicinity of the PropertyProperties, (iiic) 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, (ivd) whether, and to the extent to which the Property or any portion thereof 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, (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) the presence of endangered species or any environmentally sensitive or protected areas, (viiih) zoning or building entitlements to which the Property Properties or any portion thereof may be subject, (ixi) the availability of any utilities to the Property Properties or any portion thereof including, without limitation, water, sewage, gas and electric, (xj) usages of adjoining property, (xik) access to the Property Properties or any portion thereof, (xiil) 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 Properties or any portion thereof, or any income, expenses, charges, lienslines, encumbrances, rights or claims on or affecting or pertaining to the Property Properties or any part thereof, (xiiim) the condition or use of the Property Properties or compliance of the Property properties with any or all past, present or future federal, state or local ordinances, rules, regulations or laws, building, fire or zoning ordinances, codes or other similar laws, (xivn) the existence or non-existence of underground storage tanks, surface impoundments, or landfills, (xvo) any other matter affecting the stability and integrity of the Properties, (p) the potential for further development of the Property, (q) the merchantability of the Property Properties or fitness of the Property Properties for any particular purpose, (xvir) the truth, accuracy or completeness of the Property Documents, (xviis) tax consequences, or (xviiit) any other matter or thing with respect to the PropertyProperties.

Disclaimers By Sellers. Except as expressly set forth in this Agreement and in the Transaction DocumentsAgreement, 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 disclaimsdisclaim, any warranties warranties, representations or representations guaranties of any kind or character, express or implied, with respect to the PropertyProperties, including, but not limited to, warranties warranties, representations or representations guaranties as to (ia) matters of title, (iib) environmental matters relating to the Property Properties or any portion portions thereof, including, without limitation, the presence of Hazardous Materials in, on, under or in the vicinity of the PropertyProperties, (iiic) 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, (ivd) whether, and to the extent to which the Property Properties or any portion portions thereof is are affected by any stream (surface or underground), body of water, wetlands, flood prone area, flood plain, floodway or special flood hazard or fire 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) the presence of endangered species or any environmentally sensitive or protected areas, (viiih) zoning or building entitlements to which the Property Properties or any portion portions thereof may be subject, (ixi) the availability of any utilities to the Property Properties or any portion portions thereof including, without limitation, water, sewage, gas and electric, (xj) usages of adjoining property, (xik) access to the Property Properties or any portion portions thereof, (xiil) 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 Properties or any portion thereof, or any income, expenses, charges, liens, encumbrances, rights or claims on or affecting or pertaining to the Property Properties or any part parts thereof, (xiiim) the condition or use of the Property Properties or compliance of the Property Properties with any or all past, present or future federal, state or local ordinances, rules, regulations or laws, building, fire or zoning ordinances, codes or other similar lawsLaws, (xivn) the existence or non-existence of underground storage tanks, surface impoundments, or landfills, (xvo) 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 Property Properties or fitness of the Property Properties for any particular purpose, (xvir) the truth, accuracy or completeness of the Property DocumentsInformation, (xviis) tax consequences, or (xviiit) any other matter or thing with respect to the PropertyProperties.