Common use of No Other Representations and Warranties by Seller Clause in Contracts

No Other Representations and Warranties by Seller. Buyer acknowledges that except as specifically stated in this Contract: (a) Seller has not made any warranties or representations concerning the Property, the Assumed Liabilities or any component thereof, including without limitation (i) the operation, the existence, location, quantity or condition of the Personal Property, (ii) the completion, status of completion or soundness of the Improvements, (iii) the zoning or other land use restrictions affecting the Property, (iv) the enforceability of any contract or other agreement or right (including the Assumed Contracts) assigned hereunder, (v) the compliance of the Property or any part thereof with any Governmental Requirement or (vi) the use or existence or prior use or existence of Hazardous Material on the Property, (b) Buyer has conducted (or has had the opportunity to make) its own inspection and examination of the Property and all components thereof, and (c) Buyer acknowledges that it will accept, subject to the terms hereof, the Property and the Assumed Liabilities in an "AS IS" condition as of the Effective Date (normal wear and tear excepted). EXCEPT AS SPECIFICALLY PROVIDED FOR HEREIN, THERE ARE NO EXPRESSED OR IMPLIED WARRANTIES GIVEN TO BUYER IN CONNECTION WITH THE SALE OF THE PROPERTY OR THE ASSUMPTION OF THE ASSUMED LIABILITIES. EXCEPT AS SPECIFICALLY PROVIDED FOR HEREIN, SELLER DOES HEREBY DISCLAIM ANY AND ALL WARRANTIES OF MERCHANTABILITY, HABITABILITY AND FITNESS THAT MAY BE DUE FROM SELLER TO BUYER, WHETHER IN REGARD TO THE IMPROVEMENTS OR THE PERSONAL PROPERTY. THIS SECTION 5.03 SHALL SURVIVE THE CLOSING.

No Other Representations and Warranties by Seller. Buyer acknowledges that except as specifically stated in this Contract: (a) Seller has not made any warranties or representations concerning the Property, the Assumed Liabilities or any component thereof, including without limitation (i) the operation, the existence, location, quantity or condition of the Personal Property, (ii) the completion, status of completion or soundness of the Improvements, (iii) the zoning or other land use restrictions affecting the Property, (iv) the 24 18 enforceability of any contract or other agreement or right (including the Assumed Contracts) assigned hereunder, (v) the compliance of the Property or any part thereof with any Governmental Requirement or (vi) the use or existence or prior use or existence of Hazardous Material on the Property, (b) Buyer has conducted (or has had the opportunity to make) its own inspection and examination of the Property and all components thereof, and (c) Buyer acknowledges that it will accept, subject to the terms hereof, the Property and the Assumed Liabilities in an "AS IS" condition as of the Effective Date (normal wear and tear excepted). EXCEPT AS SPECIFICALLY PROVIDED FOR HEREIN, THERE ARE NO EXPRESSED OR IMPLIED WARRANTIES GIVEN TO BUYER IN CONNECTION WITH THE SALE OF THE PROPERTY OR THE ASSUMPTION OF THE ASSUMED LIABILITIES. EXCEPT AS SPECIFICALLY PROVIDED FOR HEREIN, SELLER DOES HEREBY DISCLAIM ANY AND ALL WARRANTIES OF MERCHANTABILITY, HABITABILITY AND FITNESS THAT MAY BE DUE FROM SELLER TO BUYER, WHETHER IN REGARD TO THE IMPROVEMENTS OR THE PERSONAL PROPERTY. THIS SECTION 5.03 SHALL SURVIVE THE CLOSING.

No Other Representations and Warranties by Seller. Except as set forth in the Section hereof entitled “Representations and Warranties by Seller,” and the representations expressly set forth in any documents executed by Seller and to be delivered to Buyer acknowledges that except as at the Closing, Seller makes no other, and specifically stated in this Contract: (a) Seller has not made negates and disclaims any warranties other, representations, warranties, promises, covenants, agreements, or representations concerning guarantees of any kind or character whatsoever, whether express or implied, oral, or written, past, present, or future, concerning, with respect to or regarding the Property, the Assumed Liabilities or any component thereofincluding, including without limitation limitation: (i) the operationownership, the existencemanagement, location, quantity or condition and operation of the Personal Property, ; (ii) title to the completion, status of completion or soundness of the Improvements, Property; (iii) the zoning physical condition, nature, or quality of the Property and any Personal Property, including, without limitation, the quality of the soils on and under the Property and the quality of the labor and materials included in any buildings or other land use restrictions affecting improvements, fixtures, equipment, or Personal Property comprising a portion of the Property, ; (iv) the enforceability fitness of the Property for any contract or other agreement or right (including the Assumed Contracts) assigned hereunder, particular purpose; (v) the presence or suspected presence of Hazardous Material on, in, under, or about the Property (including, without limitation, the soils and groundwater on and under the Property); (vi) the compliance of the Property with applicable governmental laws or any part thereof regulations, including, without limitation, the Americans with any Governmental Requirement Disabilities Act of 1990, environmental laws and laws or regulations dealing with zoning or land use; or (vivii) the use past or existence or prior use or existence future operating results and value of Hazardous Material on the Property (items i-vii hereinafter collectively referred to as “Condition and Quality of the Property”). Without modifying the limitations contained in this Section 3.2 of the representations and warranties being made by Seller to Buyer in connection with the sale of the Property, (b) Seller hereby discloses to Buyer has conducted (or has had the opportunity to make) its own inspection and examination following: Phase I of the Property Improvements, including the clubhouse, was constructed with a polybutylene plumbing system which included pipe made from polybutylene and all components thereof, and (c) Buyer acknowledges that it will accept, subject acetal fittings fastened to the terms hereofpipe by means of a metal crimp ring. Shortly after installation, the Property and the Assumed Liabilities in an "AS IS" condition as acetal fittings began to fail. Substantially all of Phase I received a copper replumb of the Effective Date pipe and fittings located in the walls and ceilings. The polybutylene system remains in the under-slab distribution lines of Phase I. Phase II of the Improvements was constructed with a polybutylene plumbing system which included pipe made from polybutylene and copper fittings. No replumb of Phase II has been undertaken because of the results of an independent evaluation (normal wear and tear excepted)the “RTS Study”) of the piping conducted by Rexnord Technical Services (“RTS”) in 1993. EXCEPT AS SPECIFICALLY PROVIDED FOR HEREIN, THERE ARE NO EXPRESSED OR IMPLIED WARRANTIES GIVEN TO BUYER IN CONNECTION WITH THE SALE OF THE PROPERTY OR THE ASSUMPTION OF THE ASSUMED LIABILITIES. EXCEPT AS SPECIFICALLY PROVIDED FOR HEREIN, SELLER DOES HEREBY DISCLAIM ANY AND ALL WARRANTIES OF MERCHANTABILITY, HABITABILITY AND FITNESS THAT MAY BE DUE FROM SELLER TO BUYER, WHETHER IN REGARD TO THE IMPROVEMENTS OR THE PERSONAL PROPERTY. THIS SECTION 5.03 SHALL SURVIVE THE CLOSINGA draft copy of the RTS Study shall be delivered by Seller to Buyer simultaneously with the full execution of this Agreement.

No Other Representations and Warranties by Seller. As used herein, the phrases "knowledge," "to the best of Seller's knowledge" and similar phrases shall mean the present, actual knowledge of Seller as of the Effective Date without independent investigation other than inquiry of Seller's on-site manager. Buyer acknowledges that except as specifically stated in this Contract: (a) Seller has not made any warranties or representations concerning the Property, the Assumed Liabilities Property or any component thereof, including without limitation (i) limitation, the operation, the existence, location, quantity or condition of the Personal Property, (ii) ; the completion, status of completion or soundness of the Improvements, (iii) ; the zoning or other land use restrictions affecting the Property, (iv) ; the enforceability of any contract or other agreement or right (including the Assumed Contracts) assigned hereunder, (v) ; the compliance of the Property or any part thereof with any Governmental Requirement Requirement; or (vi) the use or existence or prior use or existence of Hazardous Material on the Property, ; (b) Buyer has conducted (or has had the opportunity to make) its own inspection and examination of the Property and all components thereof, ; and (c) Buyer acknowledges that it will accept, subject to the terms hereof, the Property and the Assumed Liabilities in an "AS IS" physical condition as of the Effective Date (normal wear and tear excepted). EXCEPT AS SPECIFICALLY PROVIDED FOR HEREIN, THERE ARE NO EXPRESSED OR IMPLIED WARRANTIES GIVEN TO BUYER IN CONNECTION WITH THE SALE OF THE PROPERTY OR THE ASSUMPTION OF THE ASSUMED LIABILITIESPROPERTY. EXCEPT AS SPECIFICALLY PROVIDED FOR HEREIN, SELLER DOES HEREBY DISCLAIM ANY AND ALL WARRANTIES OF MERCHANTABILITY, HABITABILITY AND FITNESS THAT MAY BE DUE FROM SELLER TO BUYER, WHETHER IN REGARD TO THE IMPROVEMENTS OR THE PERSONAL PROPERTY. THIS SECTION 5.03 5.3 SHALL SURVIVE THE CLOSING.