Common use of Natural Hazard Disclosure Clause in Contracts

Natural Hazard Disclosure. Purchaser and Seller acknowledge that Seller may be required to disclose if any of the properties located in California lie within the following natural hazard areas or zones: (i) a special flood hazard area designated by the Federal Emergency Management Agency (California Government Code Section 8589.3); (ii) an area of potential flooding (California Government Code Section 8589.4); (iii) a high fire hazard severity zone (California Government Code Section 51183.5); (iv) a wildland area that may contain substantial forest fire risks and hazards (California Public Resources Code Section 4136); (v) an earthquake fault or special studies zone (California Public Resources Code Section 2621.9); or (vi) a seismic hazard zone (California Public Resources Code Section 2694). Purchaser acknowledges that Seller will employ the services of a natural hazard expert (“Natural Hazard Expert”) to examine the maps and other information specifically made available to the public by government agencies and to report the results of its examination to Purchaser in writing. The written report prepared by the Natural Hazard Expert regarding the results of its examination fully and completely discharges Seller from its disclosure obligations referred to herein, and, for the purposes of this Agreement, the provisions of Civil Code Section 1103.4 regarding the non-liability of Seller for errors and/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.

Appears in 1 contract

Samples: Purchase and Sale Agreement (New Senior Investment Group Inc.)

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Natural Hazard Disclosure. Purchaser Buyer and Seller acknowledge that Seller may be is required to disclose if any of the properties located in California lie Property lies within the following natural hazard areas or zones: (i) a special flood hazard area designated by the Federal Emergency Management Agency (California Government Code Section 8589.3)Agency; (ii) an area of potential flooding (California Government Code Section 8589.4)flooding; (iii) a very high fire hazard severity zone (California Government Code Section 51183.5)zone; (iv) a wildland wild land area that may contain substantial forest fire risks and hazards (California Public Resources Code Section 4136)hazards; (v) an earthquake fault or special studies zone (California Public Resources Code Section 2621.9)zone; or (vi) a seismic hazard zone (California Public Resources Code Section 2694)zone. Purchaser Buyer acknowledges that Seller will cause the Title Company to employ the services of a natural hazard expert PZR or another reputable vendor ("Natural Hazard Expert") to examine the maps and other information specifically made available to the public by government agencies and to report the results of its examination to Purchaser Buyer in writing. The written report prepared by the Natural Hazard Expert regarding the results of its examination fully and completely discharges Seller from its disclosure obligations referred to herein, and, for the purposes of this Agreement, the provisions of Civil Code Section 1103.4 regarding the non-liability of Seller for errors and/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.. 10.1.7

Appears in 1 contract

Samples: www.sec.gov

Natural Hazard Disclosure. Purchaser and Seller acknowledge that Because Seller may be required to disclose if any of the properties located in California lie 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 Government Civil Code Section 8589.31102.17); (ii) an area of potential flooding (California Government Code Section 8589.4); (iii) a very high fire hazard severity zone (California Government Code Section 51183.5); (iv) a wildland wild land area that may contain substantial forest fire risks and hazards (California Public Resources Code Section 4136); (v) an earthquake fault or special studies zone (California Public Resources Code Section 2621.9); or (vi) a seismic hazard zone (California Public Resources Code Section 2694). Purchaser acknowledges that , Seller has engaged or will employ engage the services of a natural hazard expert Escrow Holder (which, in such capacity, is herein called “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 1102.6c(a) and to report the results result of its examination to Purchaser Buyer and Seller in writing. The written report prepared by the Natural Hazard Expert regarding the results of its full examination fully and completely discharges Seller from its disclosure obligations referred to herein, if and to the extent any such obligations exist, and, for the purposes purpose of this Agreement, the provisions of Civil Code Section 1103.4 1102.4 regarding the non-liability of Seller for errors and/or or omissions not within its personal knowledge shall be deemed to apply, apply and the Natural Hazard Expert shall be deemed to be an expert 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.

Appears in 1 contract

Samples: Agreement of Purchase and Sale and Joint Escrow Instructions (Invesco Real Estate Income Trust Inc.)

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Natural Hazard Disclosure. Purchaser Buyer and Seller acknowledge that Seller may be required under California law to disclose if any of the properties located in California lie Property lies within the following natural hazard areas or zones: (ia) a special flood hazard area designated by the Federal Emergency Management Agency (California Government Code Section 8589.3)Agency; (iib) an area of potential flooding (California Government Code Section 8589.4)flooding; (iiic) a very high fire hazard severity zone (California Government Code Section 51183.5)zone; (ivd) a wildland wild land area that may contain substantial forest fire risks and hazards (California Public Resources Code Section 4136)hazards; (ve) an earthquake fault or special studies zone (California Public Resources Code Section 2621.9)zone; or (vif) a seismic hazard zone (California Public Resources Code Section 2694)zone. Purchaser Buyer acknowledges that Seller will employ the services of a natural hazard expert the Title Company or another third party selected by Seller (“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 Seller’s disclosure obligations, and to report the results result of its the Natural Hazard Expert’s examination to Purchaser Buyer and Seller in writing. The written report reports prepared by the Natural Hazard Expert regarding the results of its the Natural Hazard Expert’s examination fully and completely discharges Seller from its Seller’s disclosure obligations referred to herein, if and to the extent any such obligations exist, and, for the purposes purpose of this Agreement, the provisions of Civil Code Section 1103.4 regarding the non-non- liability of Seller for errors and/or or omissions not within its Seller’s personal knowledge shall be deemed to apply, apply and the Natural Hazard Expert shall be deemed to be an expert expert, dealing with matters within the scope of its the Natural Hazard Expert’s expertise with respect to the examination and written report regarding the natural hazards referred to above.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Mannkind Corp)

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