No Other Representation or Warranty. Except as expressly set forth in this Section 3, Seller makes no express or implied warranty of any kind whatsoever. ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED AND EXCEPT TO THE LIMITED AND SPECIFIC EXTENT PROVIDED HEREIN OR IN THE MASTER AGREEMENT TO THE CONTRARY, CONTRIBUTION OF THE PROJECT IS ON A STRICT “AS-IS” BASIS. Subject to Seller’s representations and warranties in this Section 3, Purchaser hereby acknowledges that Purchaser has, to the extent desired and deemed consistent with good commercial practice and at Purchaser’s sole cost and expense, completed an investigation and inspection of the Project including, without limitation, such investigations to determine whether or not Purchaser has the necessary governmental approvals to utilize the Project for Purchaser’s proposed use, investigations regarding lot line/boundary line adjustments affecting the Project and compliance/non-compliance of the Project with applicable setback requirements (including, without limitation, side yard setbacks), such investigations to determine whether or not the necessary utilities are in order to support Purchaser’s proposed use, such soils, engineering and environmental studies as may be necessary to assess the condition of the Project and the suitability of the Project for Purchaser’s intended uses, and inspection(s) of the structure, roof, heating, ventilation, air conditioning, electrical and plumbing systems and other components of the Building, the parking areas and other common areas located in, on or about the Project. The foregoing acknowledgment by Purchaser shall not be deemed to waive or qualify Seller’s representations and warranties in this Section 3.
Appears in 3 contracts
Samples: Membership Interest Purchase Agreement (Pacific Office Properties Trust, Inc.), Membership Interest Purchase Agreement (Pacific Office Properties Trust, Inc.), Membership Interest Purchase Agreement (Pacific Office Properties Trust, Inc.)
No Other Representation or Warranty. Except as expressly set forth in this Section 34, Seller makes no express or implied warranty of any kind whatsoever. ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED AND EXCEPT TO THE LIMITED AND SPECIFIC EXTENT PROVIDED HEREIN OR IN THE MASTER AGREEMENT TO THE CONTRARY, CONTRIBUTION OF THE PROJECT IS ON A STRICT “AS-IS” BASIS. Subject to Seller’s representations and warranties in this Section 34, Purchaser hereby acknowledges that Purchaser has, to the extent desired and deemed consistent with good commercial practice and at Purchaser’s sole cost and expense, completed an investigation and inspection of the Project including, without limitation, such investigations to determine whether or not Purchaser has the necessary governmental approvals to utilize the Project for Purchaser’s proposed use, investigations regarding lot line/boundary line adjustments affecting the Project and compliance/non-compliance of the Project with applicable setback requirements (including, without limitation, side yard setbacks), such investigations to determine whether or not the necessary utilities are in order to support Purchaser’s proposed use, such soils, engineering and environmental studies as may be necessary to assess the condition of the Project and the suitability of the Project for Purchaser’s intended uses, and inspection(s) of the structure, roof, heating, ventilation, air conditioning, electrical and plumbing systems and other components of the Building, the parking areas and other common areas located in, on or about the Project. The foregoing acknowledgment by Purchaser shall not be deemed to waive or qualify Seller’s representations and warranties in this Section 34.
Appears in 1 contract
Samples: Membership Interest Purchase Agreement (Pacific Office Properties Trust, Inc.)
