Natural Hazards Disclosure. Buyer acknowledges that Seller has made available to Buyer, for Buyer’s inspection, a copy of the Natural Hazards Statement.
Natural Hazards Disclosure. Buyer and Seller acknowledge that Seller is required to disclose if any portion of the Land and Improvements lies within the following natural hazard areas or zones: (i) a special flood hazard area designed by the Federal Emergency Management Agency (California Civil Code Section 1102.17); (ii) an area of potential flooding (California Government Code Section 8589.4); (iii) a very high fire hazard severity zone (California Governmental Code Section 51183.5); (iv) a wild land area that may contain substantial forest fire risks and hazards (Public Resources Code Section 4136); (v) an earthquake fault or special studies zone (Public Resources Code Section 2621 et seq.) or (vi) a seismic hazard zone (Public Resources Code Section 2694). Before the Closing Date, Seller shall provide Buyer with a Natural Hazard Disclosure Statement (“Disclosure Statement”).
Natural Hazards Disclosure. Seller and Buyer acknowledge that the Disclosure Statutes (as defined herein) provide that a seller of real property must make certain disclosures regarding certain natural hazards potentially affecting the real property, as more particularly provided therein. As used in this Agreement, “Disclosure Statutes” means, collectively, California Government Code §§8589.3, 8589.4 and 51183.5, California Public Resources Code §§2621.9, 2694 and 4136. Seller shall, no later than ten (10) days prior to the Contingency Date, deliver or cause to be delivered to Buyer, a Natural Hazard Disclosure Report (the “Disclosure Report”) for the Property. Buyer hereby agrees as follows with respect to the Disclosure Statutes and the Disclosure Report: (a) the delivery of the Disclosure Report to Buyer shall be deemed to satisfy all obligations and requirements of Seller to deliver a Disclosure Report regarding the Property under the Disclosure Statutes; (b) Seller shall not be liable for any error or inaccuracy in, or omission from, the information in the Disclosure Report; and (c) the Disclosure Report is being provided by Seller for purposes of complying with the Disclosure Statutes and shall not be deemed to constitute a representation or warranty by Seller as to the presence or absence in, at or around the Property of the conditions that are the subject of the Disclosure Statutes.
Natural Hazards Disclosure. Buyer waives receipt and review of a Natural Hazards Disclosure for the Property (“NHD”) in connection with the following California Code Sections: Government Code Sections 8589.4 (Dam Failure Inundation Areas); 8589.3 (Special Flood Hazard Area); Government Code Sections 51183.4, 51183.5 (Fire Hazard Severity Zone); Public Resources Code Section 2621.9 (Earthquake Fault Zone); Public Resources Code Section 2694 (Seismic Hazard Zone); and Public Resources Code Section 4136 (Wildland Area); and California Civil Code Section 1102.3.
Natural Hazards Disclosure. Seller and Buyer acknowledge that the Disclosure Statutes (as defined below) provide that a seller of real property must make certain disclosures regarding certain natural hazards potentially affecting the property, as more particularly provided therein. As used in this PSA, “Disclosure Statutes” means, collectively, California Government Code Section 8589.3, 8589.4 and 51183.5, California Public Resources Code Section 2621.9, 2694 and 4136 and any other California statutes that require Seller to make disclosure concerning the Property. Seller has delivered to Buyer a Natural Hazard Disclosure Report for the Property (the “Natural Hazard Disclosure Report”). Buyer hereby agrees as follows with respect to the Disclosure Statutes and the Natural Hazard Disclosure Report:
(a) The delivery of the Natural Hazard Disclosure Report to Buyer as provided above shall be deemed to satisfy all obligations and requirements of Seller under the Disclosure Statutes.
(b) Seller shall not be liable for any error or inaccuracy in, or omission from, the information in the Natural Hazard Disclosure Report.
(c) The Natural Hazard Disclosure Report is being provided by Seller for purposes of complying with the Disclosure Statutes and shall not be deemed to constitute a representation or warranty by Seller as to the presence or absence in, at or around the Property of the conditions that are the subject of the Disclosure Statutes. The Natural Hazard Disclosure Report is for Seller and Buyer only and is not for the benefit of, or be used for any purpose by, any other party, including, without limitation, insurance companies, lenders or governmental agencies.
Natural Hazards Disclosure. Seller shall comply with 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"). Within ten (10) days of the Effective Date, Seller shall provide Buyer with a Natural Hazard Disclosure Statement ("Disclosure Statement"). The providing of the Disclosure Statement shall in no way alter the "AS-IS" "WHERE-IS" nature of this transaction.
Natural Hazards Disclosure. Without limiting Sections 3.1 through 3.3, Developer and the Agency acknowledge that the Disclosure Statutes (as defined below) provide that a Developer of real property must make certain disclosures regarding certain natural hazards potentially affecting Block 49, as more particularly provided therein. As used in this Agreement, “Disclosure Statutes” means, collectively, California Government Code sections 8589.3, 8589.4 and 51183.5, California Public Resources Code sections 2621.9, 2694 and 4136 and any other statutes that require Developer to make disclosures concerning Block 49. Developer has obtained and delivered to the Agency a Natural Hazard Disclosure Report for Block 49 (the “Report”). The Agency hereby agrees as follows with respect to the Disclosure Statutes and the Report: (i) the delivery of the Report to the Agency shall be deemed to satisfy all obligations and requirements of Developer under the Disclosure Statutes; (ii) Developer shall not be liable for any non-negligent error or inaccuracy in, or omission from, the information in the Report; and (iii) the Report has been provided by Developer for purposes of complying with the Disclosure Statutes and shall not be deemed to constitute a representation or warranty by Developer as to the presence or absence in, at or around of Block 49 of the conditions that are the subject of the Disclosure Statutes.
Natural Hazards Disclosure. Buyer acknowledges that neither Seller nor anyone on behalf of Seller has made any representations, statements or warranties regarding the physical condition of the Land or the location of the Land within any Natural Hazard Areas (as hereinafter defined). Buyer specifically acknowledges and agrees that, to the extent Seller has made or in the future makes any information regarding the Natural Hazard Disclosure Statement available to Buyer, Seller has done and will be doing so only as an accommodation to Buyer and that Seller has made, is making and shall make no representation or warranty of any nature concerning the accuracy or completeness of the Natural Hazard Disclosure Statement. Buyer acknowledges and agrees that Buyer shall conduct its own investigations and studies of the Land as it deems necessary or appropriate to determine whether or not the Land is located in any Natural Hazard Area. Seller shall have absolutely no liability if the Land is located in any Natural Hazard Area and Buyer assumes all risk relating thereto. 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"). Within twenty (20) days after the date of full execution of this Agreement Seller shall provide Buyer with a Natural Hazard Disclosure Statement ("Disclosure Statement"). Buyer acknowledges that the Disclosure Statement is being delivered pursuant to the Act. Buyer acknowledges and agrees that nothing contained in the Disclosure Statement shall release Buyer from its obligation to determine, whether the Land is located in any Natural Hazard Area and that the matters set forth in the Disclosure Statement may change on or prior to the Closing Date and that Seller has no obligation to update, modify or supplement the Disclosure Statement. Only Buyer may rely on the Disclosure Statement and Buyer shall not provide the Disclosure Statement to any other party. In the event that, prior to the Closing Date, the Act is modified to provide either that (a) disclosure of Natural Hazard Areas is not required in the transfer of commercial property like the Land, or (b) a buyer of commercial property like Buyer can waive the disclosure of Natural Hazard Areas under the Act, then Seller may elect not to provide the Natural Hazard D...
Natural Hazards Disclosure. A Natural Hazards Disclosure report shall be obtained during escrow, at □ Seller’s, □ Buyer’s expense, and at Buyers request, from a recognized vendor of such reports, and shall be furnished to Buyer containing disclosures required by law.
Natural Hazards Disclosure. At least three (3) Business Days prior to the end of the Due Diligence Period, Seller shall deliver or cause to be delivered to Buyer a report (“Natural Hazards Disclosure Statement”) disclosing whether or not the Property is located in any of 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 (collectively, “Natural Hazard Areas”). Buyer acknowledges that (a) Seller did not prepare the Natural Hazards Disclosure Statement; (b) any of the Natural Hazard Areas may limit Buyer’s ability to make changes to the Property, to obtain insurance or financing, or to receive assistance after a disaster; (c) nothing contained in the Natural Hazards Disclosure Report shall release Buyer from its obligation to fully investigate the condition of the Property, including whether the Property is located in any Natural Hazard Areas; (d) the Natural Hazard Area and/or, the Natural Hazards Disclosure Statement may change on or prior to the Closing and that Seller shall have no obligation to update, modify, or supplement such documents; and (e) promptly upon receipt of the Natural Hazard Disclosure Statement, Buyer shall countersign the same and return an executed copy to the Seller.
