Possession and Condition. Mesoblast acknowledges that Carlo Pazolini has afforded Mesoblast the opportunity for full and complete investigation, examination and inspection of the Subleased Premises. Mesoblast acknowledges that it has examined the Subleased Premises and that it is leasing the Subleased Premises in their “as is” condition. Carlo Pazolini shall leave in place in the Subleased Premises in their “as is” condition, all furniture and other items which are listed on “Exhibit A” which is attached to this Sub-Sublease as an integral part hereof (the “Carlo Pazolini Property”). The Carlo Pazolini Property shall remain the property of Carlo Pazolini, and Mesoblast shall exercise the care of a prudent custodian in its use and care of the Carlo Pazolini Property during the Term. Mesoblast shall be responsible for any damage to or loss of any of the Carlo Pazolini Property, ordinary wear and tear excepted. Notwithstanding the foregoing, the Carlo Pazolini shall be the owner of the Carlo Pazolini Property throughout the Term. On the Expiration Date, as defined above, Mesoblast shall purchase the Carlo Pazolini Property for One Dollar ($1.00) and the Carlo Pazolini Property shall become the property of the Mesoblast. Carlo Pazolini has made no representation or warranty concerning the condition of the Subleased Premises or the Carlo Pazolini Property, except as expressly set forth in this Sub-Sublease. Subject to the provisions of Paragraph 2. hereof, on the date upon which the term hereof shall expire and come to an end, whether by expiration, by lapse of time or otherwise, Mesoblast, at its sole cost and expense, shall quit and surrender the Subleased Premises to Carlo Pazolini in substantially the same condition as delivered to Mesoblast on the Commencement Date, ordinary wear and tear and damage from any casualty excepted, and broom clean; provided, however, that, if required by CIT under the Sublease or Landlord under the Lease, Mesoblast shall, prior to the Expiration Date, remove any improvements and alterations which have been installed in the Subleased Premises by Mesoblast and restore the Subleased Premises, but in no event shall Mesoblast have any liability or obligation for removal of any alterations or improvements made by CIT, Carlo Pazolini or any of their respective sublessees, licensees or occupants. If Mesoblast shall fail to promptly remove any such alterations, installations, additions, and improvements which CIT or Landlord shall designate to be removed in acco...
Possession and Condition. Subject to the express provisions of this Agreement, it is understood and agreed that the Property is being purchased by Purchaser in its present physical “as is” condition. At the Closing, Seller shall transfer to Purchaser possession of the Property in substantially the same condition the Property is in on the date hereof, reasonable wear and tear excepted and subject to the terms and conditions of Sections 16 and 17 hereof.
Possession and Condition. At Closing, Seller shall deliver to Buyer full possession and occupancy of the Locations on which Buyer and Seller closed free from all claims of occupancy or use of any kind whatsoever, except for Permitted Encumbrances and Seller’s right to occupy and use the same pursuant to the terms of the applicable Lease. Buyer acknowledges and agrees that the Locations are being purchased by Buyer in an “AS IS” and “WHERE IS” condition. Seller and Lease Guarantor acknowledge and agree that the Locations are being leased to Seller in an “AS IS” and “WHERE IS” condition. Buyer, the applicable Landlord and Seller shall accept the Locations at the time of Closing in the same condition as the Locations are in as of the Effective Date, as such condition shall have changed by reason of ordinary wear and tear.
Possession and Condition. Full possession, subject only to matters of record, shall be delivered at the Time of Closing, the Property to be in the same condition as it now is, reasonable use and wear thereof excepted. The Property is to be conveyed “as is” without any representation or warranty that survives the Closing, except as specifically set forth herein. Buyer acknowledges that it is a sophisticated real estate investor, advised by counsel, and that its decision to acquire the Property is based solely upon its own investigation of the Property and the market.
Possession and Condition of PARCEL Full possession of said Xxxxxx is to be delivered at the time of the delivery and recording of the deed, said Parcel to be then (a) vacant, and (b) free of any encumbrances, except as herein stated.
Possession and Condition. Full possession, subject only to the rights of tenants under Leases and Approved Title Exceptions shall be delivered to the Buyer at Closing, the Property to be in the same condition as it now is, reasonable use and wear thereof excepted. The Property is to be conveyed "as is" without any representation or warranty except as expressly set forth herein. Buyer acknowledges that it is a sophisticated real estate investor, advised by counsel, and that its decision to acquire the Property is based primarily upon its own investigation of the Property, the Leases and the market.
Possession and Condition. The Tenant must give vacant possession of the Property back to the Landlord at the end of the Term in the state of repair and condition specified in Clause 6 State and Condition and give up all keys of the Property to the Landlord and remove the Tenant’s fixtures and fittings and all signs put up by the Tenant immediately making good any damage caused by their removal
Possession and Condition. It is understood and agreed that Purchaser has either inspected the Property during the Due Diligence Period, or has waived the right to do so and that the same is being purchased by Purchaser in its present physical “as is” condition. At Closing, Seller shall transfer to Purchaser possession of the Property in substantially the same condition the Property is in on the date hereof, reasonable wear and tear excepted.
Possession and Condition. If Owner/Management is not able to deliver possession of the Property at the beginning of this Agreement, Owner/Management shall be liable for no material damages of any sort. If the premises are livable, Lessee may not refuse to occupy the property without warrant. Lessee accepts Property in its current, "AS-IS" condition. Xxxxxx acknowledges they have has been given a list of any known defects to the property and have inspected the property. Lessee further approves 'without exception, the property AS IS, save for any defects they have itemized to Owner/Management. Xxxxxx agrees to note any defects to the property in writing to Owner/Management within ten (10) days of this agreement. Should the Lessee fail to provide an itemized list Owner/Management with ten (10) days, they automatically acknowledge that Property is without defect in any way as of the date in which they took possession of the Property. If such is the case, Lessee shall bear responsibility for any defects as of the date in which they move from the Property.
Possession and Condition. Full possession of the Assets is to be delivered by the Seller Parties to Buyer at the Closing, the Assets to be then in the same condition as represented herein, reasonable use and wear and tear thereof excepted and provided that nothing in this Section 3.5 shall relieve the Seller Parties of compliance with their representations, warranties and covenants herein.
