No Violation Notice. Neither Seller nor the Partnership has received written notice within the past twenty-four (24) months:
(a) from any federal, state, county or municipal authority or other third party alleging a violation of any fire, health, safety, building, pollution, environmental, deed restriction or other law, rule, regulation or code in respect of the Property or any part thereof, which has not been corrected in accordance with all applicable law;
(b) concerning the possible or anticipated condemnation of any part of the Real Property, or the widening, change of grade or limitation on use of streets abutting the same or concerning any special taxes or assessments levied or to be levied against the Real Property or any part thereof and, to the knowledge of Seller, no such proceeding is threatened;
(c) from any insurance company or bonding company of any defects or inadequacies in the Real Property or any part thereof, which would adversely affect the insurability of the same or cause the imposition of extraordinary premiums or charges therefor or of any termination or threatened termination of any policy of insurance or bond; or
(d) from any third party alleging any violation or default by Seller or the Partnership under any Service Contract or other agreement affecting the Property or the Partnership.
No Violation Notice. Neither Seller nor the Partnership has received written notice within the past twenty-four (24) months:
(a) from any federal, state, county or municipal authority or other third party alleging a violation of any fire, health, safety, building, pollution, environmental, deed restriction or other law, rule, regulation or code in respect of the Property or any part thereof, which has not been corrected in accordance with all applicable law;
(b) concerning the possible or anticipated condemnation of any part of the Real Property, or the widening, change of grade or limitation on use of streets abutting the same or concerning any special taxes or assessments levied or to be levied against the Real Property or any part thereof and, to the knowledge of Seller, no such proceeding is threatened, other than possible changes to the Real Property’s access road to Route 29 in Burtonsville, Maryland;
(c) from any insurance company or bonding company of any defects or inadequacies in the Real Property or any part thereof, which would adversely affect the insurability of the same or cause the imposition of extraordinary premiums or charges therefor or of any termination or threatened termination of any policy of insurance or bond; or
(d) from any third party alleging any violation or default by Seller or the Partnership under any Service Contract or other agreement affecting the Property or the Partnership.
No Violation Notice. Seller has not received written notice:
(a) from any federal, state, county or municipal authority alleging any fire, health, safety, building, pollution, environmental, deed restriction or other violation of law in respect of the Property or any part thereof, which violation has not been corrected or which notice has not been rescinded;
(b) concerning the possible or anticipated condemnation of any part of the Property, or the widening, change of grade or limitation on use of streets abutting the same or concerning any special taxes or assessments levied or to be levied against the Property or any part thereof; or
(c) from any insurance company or bonding company of any defects or inadequacies in the Property or any part thereof, which would adversely affect the insurability of the same or cause the imposition of extraordinary premiums or charges therefor or of any termination or threatened termination of any policy of insurance or bond.
No Violation Notice. Seller has not received written notice:
(a) from any federal, state, county or municipal authority alleging any fire, health, safety, building, pollution, environmental, zoning or other violation of law in respect of the Property or any part thereof, which has not been corrected;
(b) of any condemnation or threatened condemnation of any part of the Property, or of the widening, change of grade or limitation on use of streets abutting the same or concerning any special taxes or assessments levied or to be levied against the Property or any part thereof;
(c) from any insurance company or bonding company of any defects or inadequacies in the Property or any part thereof, which would adversely affect the insurability of the same or cause the imposition of extraordinary premiums or charges therefor or of any termination or threatened termination of any policy of insurance or bond; or
(d) of any change in the zoning classification of the Property or any part thereof.
No Violation Notice. To the best of its knowledge, Seller has not received written notice:
(a) from any federal, state, county or municipal authority alleging any material fire, health, safety, building, pollution, environmental, zoning or other violation of law in respect of the Premises or any part thereof, including, without limitation, the occupancy or operation thereof, which has not been corrected;
(b) concerning the possible or anticipated condemnation of any part of the Project, or the widening, change of grade or limitation on use of streets , abutting the same or concerning any special taxes or assessments levied or to be levied against the Premises or any part thereof;
(c) concerning any change in the zoning classification of the Premises or any part thereof. If any such notice is received prior to the Closing, Seller shall promptly notify Buyer thereof and comply with any requirements of such notice pursuant to Section 6 hereof prior to the Closing.
No Violation Notice. The Selling Entities have not received written notice:
(a) from any federal, state, county or municipal authority alleging any fire, health, safety, building, pollution, environmental, deed restriction or other violation of law in respect of the Property or any part thereof, which has not been corrected;
(b) concerning the possible or anticipated condemnation of any part of the Property, or the widening, change of grade or limitation on use of streets abutting the same or concerning any special taxes or assessments levied or to be levied against the Property or any part thereof;
(c) from any insurance company or bonding company of any defects or inadequacies in the Property or any part thereof, which would adversely affect the insurability of the same or cause the imposition of extraordinary premiums or charges therefor or of any termination or threatened termination of any policy of insurance or bond; or
(d) concerning any change in the deed restriction classification of the Property or any part thereof.
No Violation Notice. Seller has not received notice:
(a) from any federal, state, county or municipal authority alleging any fire, health, safety, building, pollution, environmental, zoning or other violation of law in respect of the Property or any part thereof, which has not been entirely corrected;
(b) concerning the possible or anticipated condemnation of any part of the Property, or the widening, change of grade or limitation on use of streets abutting the same or concerning any special taxes or assessments levied or to be levied against the Property or any part thereof;
(c) from any insurance company or bonding company of any defects or inadequacies in the Property or any part thereof, which would adversely affect the insurability of the same or cause the imposition of extraordinary premiums or charges therefor or of any termination or threatened termination of any policy of insurance or bond; or
(d) concerning any change in the zoning classification of the Property or any part thereof; or
(e) from any third party, alleging any violation or default by Seller under any Service Contract or other agreement affecting the Property, including, without limitation, any recorded documents.
No Violation Notice. To Seller’s knowledge, Seller has not received written notice from any federal, state, county or municipal authority or any other third party alleging any fire, health, safety, building, pollution, environmental, zoning or other violation of law in respect of the Property or any part thereof, which has not been entirely corrected. As used in this Agreement, or in any other agreement, document, certificate or instrument delivered by Seller to Buyer, the phrase “to Seller’s actual knowledge”, “to the best of Seller’s knowledge” or any similar phrase shall mean the actual, not constructive or imputed, knowledge of Xxxxx Xxxxx and Xxxxxxx Xxxxxxxxx, without any obligation on their part to make any independent investigation of the matters being represented and warranted, or to make any inquiry of any other persons, or to search or examine any files, records, books, correspondence and the like The foregoing individuals shall not have any personal liability hereunder. If Buyer notifies Seller prior to Closing that any representation or warranty made in Section 4 is not true and correct in any material respect and Seller fails to cure or remedy the same prior to Closing, Buyer may either (a) terminate this Agreement and the Deposit shall be returned to Buyer, and neither party shall have further rights or obligations pursuant to this Agreement; or (b) waive any such representation or warranty and close the transaction without any reduction in the Purchase Price. If subsequent to Closing Buyer notifies Seller within six (6) months after Closing that Buyer discovered post-closing that any representation or warranty made in Section 4 was not true and correct and specifying the breach with particularity, Buyer shall have available all remedies at law or in equity as a consequence thereof, provided that Seller’s total liability under this Section 4 shall not exceed Fifty Thousand Dollars ($50,000) in the aggregate. If Buyer does not notify Seller of the breach of any of its representations and warranties set forth in this Section 4 and institute a lawsuit therefore in a court of competent jurisdiction within six (6) months after the Closing, Buyer shall be deemed to have waived all of its rights to claim and xxx for any breach by Seller of any of its representations and warranties made in this Section 4.
No Violation Notice. To the best of its knowledge, Seller has not received written notice:
(a) from any federal, state, county or municipal authority alleging any material fire, health, safety, building, pollution, environmental, zoning or other
No Violation Notice. Seller has not received written notice:
(a) from any federal, state, county or municipal authority alleging any fire, health, safety, building, pollution, environmental, zoning or other violation of law, ordinance, directive, order, regulation or requirement in respect of the Property or any part thereof, which has not been corrected;
(b) nor does Seller have actual knowledge of any pending or contemplated action by any governmental authority or agency, regarding the condemnation of any part of the Property, or of the widening, change of grade or limitation on use of streets abutting the same or concerning any special taxes or assessments levied or to be levied against the Property or any part thereof;
(c) from any insurance company or bonding company of any defects or inadequacies in the Property or any part thereof, which would adversely affect the insurability of the same or cause the imposition of extraordinary premiums or charges therefor or of any termination or threatened termination of any policy of insurance or bond;
(d) of any change in the zoning classification of the Property or any part thereof;
(e) from any third-party alleging any violations or defaults by Seller under any Service Contract or other agreement affecting the Property, including, without limitation, any recorded documents.
