Common use of Natural Hazard Disclosure Requirement Compliance Clause in Contracts

Natural Hazard Disclosure Requirement Compliance. Buyer and Seller acknowledge that Seller may be required to disclose if the Property lies within the following natural hazard areas or zones: (i) a special flood hazard area designated by the Federal Emergency Management Agency (California Civil Code Section 1103(c)(1)); (ii) an area of potential flooding (California Government Code Section 8589.4); (iii) a very high fire hazard severity zone (California Government Code Section 51178 et seq.); (iv) a wild land area that may contain substantial forest fire risks and hazards (Public Resources Code Section 4135); (v) earthquake fault zone (Public Resources Code Section 2622); or (vi) a seismic hazard zone (Public Resources Code Section 2696) (sometimes all of the preceding are herein collectively called the “Natural Hazard Matters”). Escrow Agent is hereby instructed to engage a disclosure provider (who, in such capacity, is herein called the “Natural Hazard Expert”) to examine the maps and other information specifically made available to the public by government agencies for the purposes of enabling Seller to fulfill its disclosure obligations, if and to the extent such obligations exist, with respect to the natural hazards referred to in California Civil Code Section 1103 and to report the result of its examination to Buyer and Seller in writing. The written report prepared by the Natural Hazard Expert regarding the results of its full examination (the “Natural Hazard Report”) will fully and completely discharge Seller from its disclosure obligations referred to herein, if and to the extent any such obligations exist, and, for the purpose of this Agreement, the provisions of Civil Code Section 1103.4 regarding non-liability of Seller for errors or omissions not within its personal knowledge shall be deemed to apply and the Natural Hazard Expert shall be deemed to be an expert, dealing with matters within the scope of its expertise with respect to the examination and written report regarding the natural hazards referred to above. The Natural Hazard Report shall be prepared at Seller’s sole cost and expense. Buyer agrees to provide Seller with a written acknowledgment of its receipt of the Natural Hazard Report. Buyer may terminate the Agreement if the Natural Hazard Report discloses a condition which has a material adverse impact on the Property, so long as Buyer notifies Seller of Buyer’s intention to terminate within three (3) business days of Buyer’s receipt of the Natural Hazard Report.

Natural Hazard Disclosure Requirement Compliance. Buyer and Seller acknowledge that Seller may be required to disclose if the Property lies within the following natural hazard areas or zones: (i) a special flood hazard area designated by the Federal Emergency Management Agency (California Civil Code Section 1103(c)(1)); (ii) has commissioned an area of potential flooding (California Government Code Section 8589.4); (iii) a very high fire hazard severity zone (California Government Code Section 51178 et seq.); (iv) a wild land area that may contain substantial forest fire risks and hazards (Public Resources Code Section 4135); (v) earthquake fault zone (Public Resources Code Section 2622); or (vi) a seismic hazard zone (Public Resources Code Section 2696) (sometimes all affiliate of the preceding are herein collectively called the “Natural Hazard Matters”). Escrow Agent is hereby instructed to engage a disclosure provider Holder (who, in such capacity, is herein called the “Natural Hazard Expert”) to examine the maps and other information specifically made available to the public by government agencies for the purposes of enabling Seller to fulfill its prepare a natural hazard disclosure obligations, if and to the extent such obligations exist, with respect to the natural hazards referred to in California Civil Code Section 1103 and to report the result of its examination to Buyer and Seller in writing. The written report prepared by the Natural Hazard Expert regarding the results of its full examination statement (the “Natural Hazard ReportDisclosure”) will fully and completely discharge Seller from its disclosure obligations referred to herein, if and to in accordance with Section 1103.2 of the extent any such obligations exist, and, for the purpose of this Agreement, the provisions of California Civil Code Section 1103.4 regarding non-liability of Seller for errors or omissions not within its personal knowledge shall be deemed including all required disclosures pursuant to apply California Government Code Sections 8589.3, 8589.4 and 51183.5, California Public Resources Code Sections 2621.9, 2694 and 4136 and other applicable Laws. Buyer acknowledges that the Natural Hazard Expert Disclosure shall serve to satisfy any and all disclosure requirements relating to the matters referenced in the Natural Hazard Disclosure. Seller does not warrant or represent either the accuracy or completeness of the information in the Natural Hazard Disclosure, and Buyer shall use the same merely as a part in its overall investigation of the Property. Without limiting the foregoing, in no event or circumstance shall Seller be deemed required to be an expert, dealing with matters within the scope of its expertise take any action with respect to the examination and written report regarding disclosures made in the natural hazards referred to above. The Natural Hazard Report Disclosure nor shall be prepared at Seller’s sole cost Seller have any liability with respect to the matters reflected therein, unless otherwise expressly agreed by Buyer and expense. Buyer agrees to provide Seller with a written acknowledgment of its receipt in writing following review of the Natural Hazard ReportDisclosures. Seller hereby represents, and Bxxxx also acknowledges, that the sole inquiry and investigation Sxxxxx conducted in connection with the environmental condition of the Property is to obtain the environmental report(s) which are part of Seller’s Deliveries. Buyer may terminate hereby acknowledges that, for purposes of California Health and Safety Code Section 25359.7, Sxxxxx has acted reasonably in relying upon said inquiry and investigation, and the delivery of this Agreement if the Natural Hazard Report discloses a condition which has a material adverse impact on the Property, so long as constitutes any required written notice to Buyer notifies Seller of Buyer’s intention to terminate within three (3) business days of Buyer’s receipt of the Natural Hazard Reportunder such code section.

Natural Hazard Disclosure Requirement Compliance. Buyer Purchaser and Seller acknowledge that Seller may be required to disclose if the Property lies within the following natural hazard areas or zones: (i) a special flood hazard area designated by the Federal Emergency Management Agency (California Civil Code Section 1103(c)(1)); (ii) an area of potential flooding (California Government Code Section 8589.4); (iii) a very high fire hazard severity zone (California Government Code Section 51178 et seq.); (iv) a wild land area that may contain substantial forest fire risks and hazards (Public Resources Code Section 4135); (v) earthquake fault zone (Public Resources Code Section 2622); or (vi) a seismic hazard zone (Public Resources Code Section 2696) (sometimes all of the preceding are herein collectively called the “Natural Hazard Matters”). Escrow Agent is hereby instructed to engage a disclosure provider (who, in such capacity, is herein called the “Natural Hazard Expert”) to examine the maps and other information specifically made available to the public by government agencies for the purposes of enabling Seller to fulfill its disclosure obligations, if and to the extent such obligations exist, with respect to the natural hazards referred to in California Civil Code Section 1103 and to report the result of its examination to Buyer Purchaser and Seller in writing. The written report prepared by the Natural Hazard Expert regarding the results of its full examination (the “Natural Hazard Report”) will fully and completely discharge Seller from its disclosure obligations referred to herein, if and to the extent any such obligations exist, and, for the purpose of this Agreement, the provisions of Civil Code Section 1103.4 regarding non-liability of Seller for errors or omissions not within its personal knowledge shall be deemed to apply and the Natural Hazard Expert shall be deemed to be an expert, dealing with matters within the scope of its expertise with respect to the examination and written report regarding the natural hazards referred to above. The Natural Hazard Report shall be prepared at Seller’s sole cost and expense. Buyer Purchaser agrees to provide Seller with a written acknowledgment of its receipt of the Natural Hazard Report. Buyer Purchaser may terminate the Agreement if the Natural Hazard Report discloses a condition which has a material adverse impact on the Property, so long as Buyer Purchaser notifies Seller of BuyerPurchaser’s intention to terminate within three (3) business days of BuyerPurchaser’s receipt of the Natural Hazard Report.

Natural Hazard Disclosure Requirement Compliance. Buyer and Seller acknowledge that Seller may be required to disclose if the Property lies within the following natural hazard areas or zones: (i) a special flood hazard area designated by the Federal Emergency Management Agency (California Civil Code Section 1103(c)(1)); (ii) an area of potential flooding (California Government Code Section 8589.4); (iii) a very high fire hazard severity zone (California Government Code Section 51178 et seq.); (iv) a wild land area that may contain substantial forest fire risks and hazards (Public Resources Code Section 4135); (v) earthquake fault zone (Public Resources Code Section 2622); or (vi) a seismic hazard zone (Public Resources Code Section 26962694) (sometimes all of the preceding are herein collectively called the “"Natural Hazard Matters”"). Escrow Agent is hereby instructed Seller has engaged or will cause the Title Company or such other company selected by Seller to engage the services of a natural hazard disclosure provider expert (who, in such capacity, is herein called the “"Natural Hazard Expert”) "), to examine the maps and other information specifically made available to the public by government agencies for the purposes of enabling Seller to fulfill its disclosure obligations, if and to the extent such obligations exist, with respect to the natural hazards referred to in California Civil Code Section 1103 1102.6a and to report the result of its examination to Buyer and Seller in writing. The If delivered to Buyer not later than one (1) business day prior to the Approval Date, the written report prepared by the Natural Hazard Expert regarding the results of its full examination (the “Natural Hazard Report”) will fully and completely discharge Seller from its disclosure obligations referred to herein, if and to the extent any such obligations exist, and, for the purpose of this Agreement, the provisions of Civil Code Section 1103.4 1102.4 regarding non-liability of Seller for errors or omissions not within its personal knowledge shall be deemed to apply and the Natural Hazard Expert shall be deemed to be an expert, dealing with matters within the scope of its expertise with respect to the examination and written report regarding the natural hazards referred to above. The Natural Hazard Report shall be prepared at Seller’s sole cost and expense. Buyer agrees to provide Seller with a written acknowledgment of its receipt of the Natural Hazard Report. Buyer may terminate the Agreement if the Natural Hazard Report discloses a condition which has a material adverse impact on the Property, so long as Buyer notifies Seller of Buyer’s intention to terminate within three (3) business days of Buyer’s receipt of the Natural Hazard Report.

Natural Hazard Disclosure Requirement Compliance. Buyer and Seller acknowledge that Seller may be required to disclose if the Property lies within the following natural hazard areas or zones: (i) a special flood hazard area designated by the Federal Emergency Management Agency (California Civil Code Section 1103(c)(1)); (ii) an area of potential flooding (California Government Code Section 8589.4); (iii) a very high fire hazard severity zone (California Government Code Section 51178 et seq.); (iv) a wild land area that may contain substantial forest fire risks and hazards (Public Resources Code Section 4135); (v) earthquake fault zone (Public Resources Code Section 2622); or (vi) a seismic hazard zone (Public Resources Code Section 2696) (sometimes all of the preceding are herein collectively called the “Natural Hazard Matters”). Escrow Agent is hereby instructed to engage a disclosure provider (who, in such capacity, is herein called the “Natural Hazard Expert”) to examine the maps and other information specifically made available to the public by government agencies for the purposes of enabling Seller to fulfill its disclosure obligations, if and to the extent such obligations exist, with respect to the natural hazards referred to in California Civil Code Section 1103 and to report the result of its examination to Buyer Purchaser and Seller in writing. The written report prepared by the Natural Hazard Expert regarding the results of its full examination (the “Natural Hazard Report”) will fully and completely discharge Seller from its disclosure obligations referred to herein, if and to the extent any such obligations exist, and, for the purpose of this Agreement, the provisions of Civil Code Section 1103.4 regarding non-liability of Seller for errors or omissions not within its personal knowledge shall be deemed to apply and the Natural Hazard Expert shall be deemed to be an expert, dealing with matters within the scope of its expertise with respect to the examination and written report regarding the natural hazards referred to above. The Natural Hazard Report shall be prepared at Seller’s sole cost and expense. Buyer agrees to provide Seller with a written acknowledgment of its receipt of the Natural Hazard Report. Buyer may terminate the Agreement if the Natural Hazard Report discloses a condition which has a material adverse impact on the Property, so long as Buyer notifies Seller of BuyerPurchaser’s intention to terminate within three (3) business days of Buyer’s receipt of the Natural Hazard Report.

Natural Hazard Disclosure Requirement Compliance. Buyer and Seller acknowledge that Seller may be required to disclose if the Real Property lies within the following natural hazard areas or zones: (i) a special flood hazard area designated by the Federal Emergency Management Agency (California Civil Code Section 1103(c)(1)); (ii) an area of potential flooding (California Government Code Section 8589.4); (iii) a very high fire hazard severity zone (California Government Code Section 51178 et seq.); (iv) a wild land area that may contain substantial forest fire risks and hazards (Public Resources Code Section 4135); (v) an earthquake fault zone (Public Resources Code Section 2622); or (vi) a seismic hazard zone (Public Resources Code Section 26962694) (sometimes all of the preceding are herein collectively called the “Natural Hazard Matters”). Escrow Agent is hereby instructed Seller has engaged or will cause the Title Company or such other company selected by Seller to engage the services of a natural hazard disclosure provider expert (who, in such capacity, is herein called the “Natural Hazard Expert”) ), to examine the maps and other information specifically made available to the public by government agencies for the purposes of enabling Seller to fulfill its disclosure obligations, if and to the extent such obligations exist, with respect to the natural hazards referred to in California Civil Code Section 1103 1102.6(a) and to report the result of its examination to Buyer and Seller in writing. The written report prepared by the Natural Hazard Expert regarding the results of its full examination (the “Natural Hazard Report”) will fully and completely discharge Seller from its disclosure obligations referred to herein, if and to the extent any such obligations exist, and, for the purpose purposes of this Agreement, the provisions of California Civil Code Section 1103.4 1102.4 regarding non-liability of Seller for errors or omissions not within its personal knowledge shall be deemed to apply and the Natural Hazard Expert shall be deemed to be an expert, dealing with matters within the scope of its expertise with respect to the examination and written report regarding the natural hazards referred to above. The Natural Hazard Report shall be prepared at Seller’s sole cost and expense. Buyer agrees to provide Seller with a written acknowledgment of its receipt of the Natural Hazard Report. Buyer may terminate the Agreement if the Natural Hazard Report discloses a condition which has a material adverse impact on the Property, so long as Buyer notifies Seller of Buyer’s intention to terminate within three (3) business days of Buyer’s receipt of the Natural Hazard Report.

Natural Hazard Disclosure Requirement Compliance. Buyer and Seller ------------------------------------------------ acknowledge that Seller may be or "Broker" (as hereinafter defined) is required to disclose if the Property lies within the following natural hazard areas or zones: (i1) a special flood hazard area designated by the Federal Emergency Management Agency (California Civil Cal. Civ. Code Section 1103(c)(1)1102.17); (ii2) an area of potential flooding (California Government Cal. Gov. Code Section 8589.4); (iii3) a very high fire hazard severity zone (California Government Cal. Gov. Code Section 51178 et seq.51183.5); (iv4) a wild land area that may contain substantial forest fire risks and hazards (Public Pub. Resources Code Section 41354136); (v5) an earthquake fault zone (Public Pub. Resources Code Section 26222621.9); or (vi6) a seismic hazard zone (Public Pub. Resources Code Section 2696) (sometimes all of the preceding are herein collectively called the “Natural Hazard Matters”2694). Escrow Agent is hereby instructed to engage a disclosure provider Buyer and Seller acknowledge that they have employed the services of JCP Geologists, Inc., 00000 Xxxxx Xxxxxx Xxxxxx, Cupertino, California 95014, (who000) 000-0000 (which, in such capacity, capacity is herein called the “"Natural Hazard Expert”") to examine the maps and other information specifically made available to the public by government agencies for the purposes purpose of enabling each of Seller and Broker to fulfill its disclosure obligations, if and to the extent such obligations exist, with respect to the natural hazards referred to in California Civil Code Section 1103 1102.6c(a) and to report the result of its examination to Buyer and Seller in writing. The written report prepared by the Natural Hazard Expert regarding the results of its full examination (the “Natural Hazard Report”) will fully and completely discharge discharges Seller and Broker from its their disclosure obligations referred to herein, if and to the extent any such obligations exist, and, for the purpose of this Agreement, the provisions of Civil Code Section 1103.4 1102.4 regarding the non-liability of each of Seller and Broker for errors or omissions not within its personal knowledge shall be deemed to apply and the Natural Hazard Expert shall be deemed to be an expert, dealing with matters within the scope of its expertise with respect to the examination and written report regarding the natural hazards referred to above. The Natural Hazard Report obligations of Seller and Broker are several (and not joint and not joint and several) and, without limitation, in no event shall be prepared at Seller have any responsibility for matters not actually known to Seller’s sole cost and expense. Buyer agrees to provide Seller with a written acknowledgment of its receipt of the Natural Hazard Report. Buyer may terminate the Agreement if the Natural Hazard Report discloses a condition which has a material adverse impact on the Property, so long as Buyer notifies Seller of Buyer’s intention to terminate within three (3) business days of Buyer’s receipt of the Natural Hazard Report.

Natural Hazard Disclosure Requirement Compliance. Buyer Purchaser and Seller acknowledge that Seller may be required to disclose if whether the Property lies within the following natural hazard areas or zones: (i) a special flood hazard area designated by the Federal Emergency Management Agency (California Civil Government Code Section 1103(c)(1)8589.3); (ii) an area of potential flooding (California Government Code Section 8589.4); (iii) a very high fire hazard severity zone (California Government Code Section 51178 et seq.); (iv) a wild land wildland area that may contain substantial forest fire risks and hazards (Public Resources Code Section 41354136); (v) an earthquake fault zone (Public Resources Code Section 26222621.9); or (vi) a seismic hazard zone (Public Resources Code Section 26962694) (sometimes all of the preceding are herein collectively called the “"Natural Hazard Matters”"). Escrow Agent is hereby instructed Seller has engaged or will cause the Title Company to engage the services of a natural hazard disclosure provider expert (who, in such capacity, is herein called the “"Natural Hazard Expert”) "), to examine the maps and other information specifically made available to the public by government agencies for the purposes of enabling Seller to fulfill its disclosure obligations, if and to the extent such obligations exist, with respect to the natural hazards referred to in California Civil Code Section 1103 and to report the result of its examination to Buyer Purchaser and Seller in writing. The written report prepared by the Natural Hazard Expert (the "Natural Hazard Report") regarding the results of its full examination (the “Natural Hazard Report”) will fully and completely discharge Seller from its disclosure obligations referred to hereinin this Agreement or in the Natural Hazard Report, if and to the extent any such obligations exist, and, for the purpose of this Agreement, the provisions of Civil Code Section 1103.4 regarding non-liability of Seller for errors or omissions not within its personal knowledge shall be deemed to apply and the Natural Hazard Expert shall be deemed to be an expert, dealing with matters within the scope of its expertise with respect to the examination and written report regarding the natural hazards referred to above. The Natural Hazard Report shall be prepared at Seller’s sole cost and expense. Buyer Purchaser agrees to provide Seller with a written acknowledgment of its receipt of the Natural Hazard Report. Buyer may Purchaser's failure to terminate the this Agreement if the pursuant to Section 6.2 above shall be deemed to be Purchaser's acceptance of all Natural Hazard Report discloses a condition Matters. Purchaser acknowledges that Seller has delivered to Purchaser the Commercial Property Owner's Guide to Earthquake Safety (the “Guide”), published by the State of California Seismic Safety Commission, which has a material adverse impact informs property owners generally of the risks attendant to earthquakes and the effect earthquakes could have on the Property, so long as Buyer notifies Seller of Buyer’s intention to terminate within three their property. In connection with the Commercial Property Earthquake Weakness Disclosure Report (3the "Disclosure Report") business days of Buyer’s receipt which is made a part of the Natural Hazard Guide, Seller hereby notifies Purchaser that with respect to Question Nos. 1 through 4 in such Disclosure Report, Seller does not know the answers to such questions and that, by the execution of this Agreement by Seller, Seller shall have been deemed to have executed and delivered the Disclosure Report and shall be deemed to have checked the "Don't Know" box following each such questions.

Natural Hazard Disclosure Requirement Compliance. Buyer and Seller acknowledge that Seller may be required to disclose if whether the Property lies within the following natural hazard areas or zones: (i) a special flood hazard area designated by the Federal Emergency Management Agency (California Civil Government Code Section 1103(c)(1)8589.3); (ii) an area of potential flooding (California Government Code Section 8589.4); (iii) a very high fire hazard severity zone (California Government Code Section 51178 et seq.); (iv) a wild land wildland area that may contain substantial forest fire risks and hazards (Public Resources Code Section 41354136); (v) an earthquake fault zone (Public Resources Code Section 26222621.9); or (vi) a seismic hazard zone (Public Resources Code Section 26962694) (sometimes all of the preceding are herein collectively called the “"Natural Hazard Matters”"). Escrow Agent is hereby instructed Seller has engaged or will cause the Title Company to engage the services of a natural hazard disclosure provider expert (who, in such capacity, is herein called the “"Natural Hazard Expert”) "), to examine the maps and other information specifically made available to the public by government agencies for the purposes of enabling Seller to fulfill its disclosure obligations, if and to the extent such obligations exist, with respect to the natural hazards referred to in California Civil Code Section 1103 and to report the result of its examination to Buyer and Seller in writing. The written report prepared by the Natural Hazard Expert (the "Natural Hazard Report") regarding the results of its full examination (the “Natural Hazard Report”) will fully and completely discharge Seller from its disclosure obligations referred to hereinin this Agreement or in the Natural Hazard Report, if and to the extent any such obligations exist. Buyer acknowledges that Seller has delivered to Buyer the Commercial Property Owner's Guide to Earthquake Safety, andpublished by the State of California Seismic Safety Commission, for which informs property owners generally of the purpose of this Agreement, the provisions of Civil Code Section 1103.4 regarding non-liability of Seller for errors or omissions not within its personal knowledge shall be deemed risks attendant to apply earthquakes and the Natural Hazard Expert shall be deemed to be an expert, dealing with matters within effect earthquakes could have on the scope of its expertise with respect to the examination and written report regarding the natural hazards referred to above. The Natural Hazard Report shall be prepared at Seller’s sole cost and expensetheir property. Buyer agrees to provide Seller with a written acknowledgment of its receipt of the Natural Hazard Report. Buyer may Buyer's failure to terminate the this Agreement if the pursuant to Section 1.2(a) above shall be deemed to be Buyer's acceptance of all Natural Hazard Report discloses a condition which has a material adverse impact on the Property, so long as Buyer notifies Seller of Buyer’s intention to terminate within three (3) business days of Buyer’s receipt of the Natural Hazard ReportMatters.