Common use of No Representations by Owner Clause in Contracts

No Representations by Owner. Manager hereby accepts the Premises in its "as is, where is" condition as of the Commencement Date. Manager acknowledges and agrees that Owner has not made, does not make, and specifically negates and disclaims any representations, warranties, promises, covenants, agreements or guaranties of any kind or character whatsoever, whether express or implied, oral or written, of, as to, concerning, or with respect to, (i) the value, nature, quality or condition of the Premises, including, without limitation, the water, soil and geology; (ii) the suitability of the Premises for any and all activities and uses which may be conducted thereon; (iii) the compliance of or by the Premises with any laws, rules, ordinances or regulations of any applicable governmental authority or body; (iv) the habitability, merchantability, marketability, profitability or fitness for a particular purpose of the Premises, or (v) any other matter with respect to the Premises, and specifically, Owner has not made, does not make and specifically negates and disclaims any representations or warranties regarding compliance of the Premises with any environmental protection, pollution or land use laws, rules, regulations, orders or requirements, including without limitation, those pertaining to solid waste, as defined by the U.S. Environmental Protection Agency Regulations at 40 C.F.R., Part 261, or the disposal or existence, in or on the Premises, of any hazardous substances, as defined by The Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended, and the regulations promulgated thereunder. Manager shall rely solely on its own investigation of the Premises and not on any information provided or to be provided by Owner, its directors, contractors, agents, employees or representatives. Owner shall not be liable or bound in any manner by any verbal or written statements, representations or information pertaining to the Premises or the operation thereof, furnished by any party purporting to act on behalf of Owner.

Appears in 2 contracts

Samples: Management Agreement, Management Agreement

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No Representations by Owner. Manager hereby acknowledges and agrees that it was the owner and operator of the Premises for more than ten (10) years and that it was the tenant and operator of the Premises for more than three (3) years prior to the Commencement Date of this Agreement. Accordingly Manager hereby accepts the Premises in its "as is, where is" condition as of the Commencement Date. Manager acknowledges and agrees that Owner has not made, does not make, and specifically negates and disclaims any representations, warranties, promises, covenants, agreements or guaranties of any kind or character whatsoever, whether express or implied, oral or written, of, as to, concerning, or with respect to, (i) the value, nature, quality or condition of the Premises, including, without limitation, the water, soil and geology; (ii) the suitability of the Premises for any and all activities and uses which may be conducted thereon; (iii) the compliance of or by the Premises with any laws, rules, ordinances or regulations of any applicable governmental authority or body; (iv) the habitability, merchantability, marketability, profitability or fitness for a particular purpose of the Premises, or (v) any other matter with respect to the Premises, and specifically, Owner has not made, does not make and specifically negates and disclaims any representations or warranties regarding compliance of the Premises with any environmental protection, pollution or land use laws, rules, regulations, orders or requirements, including without limitation, those pertaining to solid waste, as defined by the U.S. Environmental Protection Agency Regulations at 40 C.F.R., Part 261, or the disposal or existence, in or on the Premises, of any hazardous substances, as defined by The Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended, and the regulations promulgated thereunder. Manager shall rely solely on its own investigation of the Premises and not on any information provided or to be provided by Owner, its directors, contractors, agents, employees or representatives. Owner shall not be liable or bound in any manner by any verbal or written statements, representations or information pertaining to the Premises or the operation thereof, furnished by any party purporting to act on behalf of Owner.

Appears in 1 contract

Samples: Management Agreement

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No Representations by Owner. Manager hereby accepts the Premises in its "as is, where is" condition as of the Commencement Date. Manager acknowledges and agrees that Owner has not made, does not make, and specifically negates and disclaims any representations, warranties, promises, covenants, agreements or guaranties of any kind or character whatsoever, whether express or implied, oral or written, of, as to, concerning, or with respect to, (i) the value, nature, quality or condition of the Premises, including, without limitation, the water, soil and geology; (ii) the suitability of the Premises for any and all activities and uses which may be conducted thereon; (iii) the compliance of or by the Premises with any laws, rules, ordinances or regulations of any applicable governmental authority or body; (iv) the habitability, merchantability, marketability, profitability or fitness for a particular purpose of the Premises, or (v) any other matter with respect to the Premises, and specifically, Owner has not made, does not make and specifically negates and disclaims any representations or warranties regarding compliance of the Premises with any environmental protection, pollution or land use laws, rules, regulations, orders or requirements, including without limitation, those pertaining to solid waste, as defined by the U.S. Environmental Protection Agency Regulations at 40 C.F.R., Part 261, or the disposal or existence, in or on the Premises, of any hazardous substances, as defined by The Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended, and the regulations promulgated thereunder. Manager shall rely solely on its own investigation of the Premises and not on any information provided or to be provided by Owner, its directors, contractors, agents, employees or representatives. Owner shall not be liable or bound in any manner by any verbal or written statements, representations or information pertaining to the Premises or the operation thereof, furnished by any party purporting to act on behalf of Owner. .

Appears in 1 contract

Samples: Management Agreement

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