Natural Hazards. All “acts of nature” including but not limited to avalanche, flood, earthquake, rock fall, fire, inclement or extreme weather, thunder and lighting, severe and or varied wind, temperature and other weather conditions. Cold weather and heat related injuries and illness including but not limited to frost nip, frost bite, heat exhaustion, heat stroke, sunburn, hypothermia, and dehydration.
Natural Hazards. Upon annexation and review of any development proposals the Town will consider and seek to limit and mitigate risks related to natural hazards, with a particular emphasis on minimizing risk related to wildfire given the community’s location and proximity to heavily forested land.
Natural Hazards. As used herein, the term “Natural Hazard Area” shall mean those areas identified as natural hazards in the Natural Hazard Disclosure Act, California Government Code Sections 8589.3, 8589.4, and 51183.5, and California Public Resources Code Sections 2621.9, 2694, and 4136, and any successor statutes or laws (the “Act”). Prior to Closing, Seller shall provide Purchaser with a Natural Hazard Disclosure Statement (“Disclosure Statement”) for the Real Property. Purchaser acknowledges that Seller has or will cause Title Insurer to retain the services of an expert (the “Natural Hazard Expert”) to examine the maps and other information made available to the public by government agencies for the purpose of enabling Seller to fulfill their disclosure obligations with respect to the Act and to prepare a written report of the result of its examination (the “Report”). Purchaser acknowledges that the Report fully and completely discharges Seller from its disclosure obligations under the Act, and, for the purpose of this Agreement, the provisions of California Civil Code Section 1103.4 regarding the non-liability of Seller for errors or omission not within its personal knowledge shall be deemed to apply and the Natural Hazard Expert shall be deemed to be an expert dealing within the scope of its expertise with respect to the examination and Report. Purchaser acknowledges and agrees that nothing contained in the Disclosure Statement shall release Purchaser from its obligation to fully investigate the condition of the Property, including, without limitation, whether the Property is located in any Natural Hazard Area. Purchaser further acknowledges and agrees that the matters set forth in the Disclosure Statement or Report may change on or prior to the Closing Date and that Seller has no obligation to update, modify, or supplement the Disclosure Statement or Report. Purchaser shall be solely responsible for preparing and delivering its own Natural Hazard Disclosure Statement to subsequent prospective buyers of the Property. Purchaser shall sign and acknowledge receipt of the Disclosure Statement and/or Report if requested by Seller. The provisions of this Section 14.17 shall survive the Closing.
Natural Hazards. Kaua‘i island is subject to various natural hazards. Flooding, wildfires, and tsunami are the main risks. The vulnerability of the Project side to these hazards is described below.
Natural Hazards. Seller or its agent has actual knowledge, or a parcel list or map indicates, that the Property is in the natural hazard zone(s) or area(s) checked below (if Seller acquired the Property from a relocated employee, all natural hazard disclosures will be made in a separate Natural Hazard Disclosure Statement described in paragraph 11 (F) below): special flood hazard area designated by the Federal Emergency Management Agency; area of potential flooding shown on an inundation map designated pursuant to Government Code Section 8589.5; very high fire severity zone designated pursuant to Government Code, Title 5, Division 1, Part 1, Chapter 6.8, and the owner of the Property is subject to the maintenance requirements of Government Code Section 51182; wildland area which may contain substantial forest fire risks and hazards as determined pursuant to Public Resources Code Section 4125, and the owner of the Property is subject to the maintenance requirement of Public Resources Code Section 4291, and the State is not responsible for providing fire protection services to any building or structure located within the wildlands unless the Department of Forestry and Fire Protection has entered into a cooperative agreement with a local agency for those purposes pursuant to Public Resources Code Section 4142; earthquake fault zone delineated pursuant to Public Resources Code Section 2622; and/or seismic hazard zone designated pursuant to Public Resources Code, Division 2, Chapter 7.8.
Natural Hazards. 3.1.1 Development shall generally be directed to areas outside of:
Natural Hazards. With respect to the California Hotel, for purposes hereof, the phrase “Natural Hazards” shall have the meaning described in the following California Code Sections which may affect the California Property: Government Code Section 8589.3 (Special Flood Hazard); Government Code Section 8589.5 (Potential Flooding); Government Code Sections 51178 and 51179 (Very High Fire Hazard Severity Zone); Public Resources Code Section 2622 (Earthquake Fault Zone); Public Resources Code Section 2696 (Seismic Hazard Zone); and Public Resources Code Section 4125 (Wildland Forest Fire Risks and Hazards). Purchaser acknowledges and agrees that Purchaser is an experienced real estate investor and is fully capable of determining whether any lists or maps delineating properties affected by such Natural Hazards are available and otherwise determining whether any such Natural Hazards affect any of the California Property. Purchaser has, or by Closing will have, independently evaluated and investigated whether any or all of such Natural Hazards affect the California Property. Based on the foregoing, Purchaser knowingly and intentionally waives any disclosures, obligations or requirements of California Hotel Owner or Facilitator with respect to Natural Hazards, including, without limitation, any disclosure obligations or requirements under the following California Code Sections: Government Code Sections 8589.3, 8589.4 and 51183.5 and Public Resources Code Sections 2621.9, 2694 and 4136 (the “Natural Hazard Disclosure Requirements”). Purchaser acknowledges and agrees that this waiver has been specifically negotiated and is an essential aspect of the bargain between the Parties.
Natural Hazards. Purchaser and Seller further 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
Natural Hazards. BUYER ACKNOWLEDGES THAT CERTAIN HAZARDS SUCH AS SINKHOLES, RADON AND OTHER NATURALLY OCCURRING HAZARDS MAY AFFECT THE PROPERTY. BUYER ACKNOWLEDGES AND AGREES THAT BUYER WILL HAVE THE OPPORTUNITY TO INDEPENDENTLY EVALUATE AND INVESTIGATE WHETHER ANY OR ALL OF SUCH NATURAL HAZARDS AFFECT THE PROPERTY AND SELLER SHALL HAVE NO LIABILITIES OR OBLIGATIONS WITH RESPECT THERETO. WITHOUT LIMITING THE FOREGOING, BUYER ACKNOWLEDGES AND AGREES THAT BUYER KNOWINGLY AND INTENTIONALLY WAIVES ANY DISCLOSURES, OBLIGATIONS OR REQUIREMENTS OF SELLER WITH RESPECT TO NATURAL HAZARDS. BUYER REPRESENTS THAT BUYER HAS EXPERIENCE ACQUIRING AND CONDUCTING DUE DILIGENCE, AND THAT THIS WAIVER HAS BEEN NEGOTIATED AND IS AN ESSENTIAL ASPECT OF THE BARGAIN BETWEEN THE PARTIES.
Natural Hazards. Seller hereby discloses to Buyer that natural hazards described in the following California code sections may affect the Property: (A) Govt. Code Section 8589.3 (Special Flood Hazard Area); (B) Govt. Code Section 8589.4 (Inundation Area); (C) Govt. Code Section 51183.5 (Fire Hazard Severity Zone); (D) Public Resource Code Section 2621.9 (Earthquake Fault Zone); (E) Public Resource Code Section 2694 (Seismic Hazard Zone); and (F) Public Resource Code Section 4136 (Wildland Area). Seller and Buyer acknowledge that Title Company shall deliver certain reports containing disclosures with respect to the foregoing matters and such other matters as are commonly included in a commercial property disclosure report (collectively, the “Natural Hazards Disclosure Statement”), to Buyer and Seller at least five (5) Business Days prior to the Closing Date.
