POSSESSION AND CONDITION OF PREMISES. Full possession of said premises free of all tenants and occupants is to be delivered at the time of the delivery of the deed, said Premises to be then (a) in the same condition as they are now, and
POSSESSION AND CONDITION OF PREMISES. The Buyer acknowledges that this purchase shall be AS IS and WHERE IS, WITHOUT ANY WARRANTIES WHETHER EXPRESS, IMPLIED OR IMPOSED BY LAW, subject to and with the benefit of all easements, restrictions, building and zoning laws, rights of tenants and parties in possession. Without limiting the foregoing total exclusion of representations and warranties, the sale is made without any representations or warranties as to the following:
A. The title to the Premises and the validity, enforceability, or perfection of the Seller’s right or interest therein.
B. Compliance with any building, zoning, health, environmental, or other state, local or federal laws which any affect the use, development, or occupancy of the Premises, including, without limitation, the existence or availability of any permits or approvals relating to use, development or occupancy of the Premises.
C. The existence on the Premises of any hazardous waste, asbestos, lead-based paint, plaster, or other lead-based accessible material, or any other materials which may be subject to governmental regulation or restriction.
D. The availability of any certificate concerning compliance of the Premises with any state, local or federal statute, including, without limitation, a smoke detector certificate, if applicable.
E. To the extent any tests, reports, or approvals are determined by the Buyer to be necessary in connection with the use, development or occupancy of the Premises, such reports, permits and approvals shall be the responsibility of the Buyer, at Buyer’s sole cost and expense and the Buyer’s obtaining any such reports, permits or approvals shall not be a pre-condition to Buyer’s obligations hereunder. This clause shall survive the delivery of the deed.
F. The parties agree that the Seller shall not provide a smoke detector and/or carbon monoxide certificate and the Buyer agrees to execute a hold harmless agreement with respect to same.
POSSESSION AND CONDITION OF PREMISES. Possession of the Subleased Premises shall be delivered to Subtenant on the Sublease Commencement Date. It shall be the sole responsibility of Subtenant to obtain all zoning and occupancy permits and approvals required by any governmental entity for Subtenant’s use and occupancy of the Subleased Premises, and the granting of such permits and approvals shall not be a condition of Subtenant’s obligations under this Sublease. Subtenant agrees to accept possession of the Subleased Premises on the Sublease Commencement Date in its “AS IS” “WHERE IS” condition, Sublandlord’s sole obligations with respect to the condition of the Subleased Premises being to (1) deliver it in broom clean condition and free of Sublandlord’s personal property except for the furniture, fixtures and equipment which Subtenant is granted the right to use pursuant to the provisions of Section 26 of this Sublease; and (2) enclose the doorway and opening between Suite A-100 and Suite A-150 (the “Enclosure”) to the reasonable satisfaction of Subtenant. Sublandlord shall provide Subtenant with written plans prior to construction of the Enclosure for Subtenant’s approval, and shall obtain any necessary approval from Master Landlord or Original Tenant. Subtenant shall be deemed to have accepted the Enclosure and the Premises in their as-is, where-is condition for Subtenant’s intended and permitted use unless Subtenant notifies Sublandlord in writing within three (3) calendar days of Sublandlord’s completion of the Enclosure of Subtenant’s commercially reasonably objections. Subtenant acknowledges that, except as expressly set forth herein, no representations have been made to Subtenant with respect to the physical condition of the Subleased Premises or its suitability for Subtenant’s intended and permitted use and that in entering into this Sublease, Subtenant has relied exclusively upon its own examination of the Subleased Premises, the Original Sublease and the Master Lease. Subtenant specifically acknowledges and agrees that Sublandlord has no, and shall not have any, obligation to perform any improvements, repairs or other work to the Subleased Premises in connection with this Sublease, other than to deliver possession and the Enclosure as hereinabove specified. Upon termination of this Sub-Sublease, Subtenant shall have no obligation to remove the Enclosure, or to otherwise restore the opening between Suite A-100 and Suite A-150 to its prior state.
POSSESSION AND CONDITION OF PREMISES. Full possession of said premises, except as herein provided, is to be delivered at the time of the delivery of the deed, said premises to be then (a) in the same condition as they now are, reasonable use and wear thereof excepted and (b) in compliance with provisions of any instrument referred to in clause 4 hereof.
POSSESSION AND CONDITION OF PREMISES a. The Landlord shall deliver quiet possession of the Premises to the Tenant on the Commencement Date and shall provide quiet enjoyment of the Premises to the Tenant during the Term.
POSSESSION AND CONDITION OF PREMISES. The Premises shall be delivered at the Date of Closing subject to existing tenants and occupants as of the date hereof, in substantially the same condition as they are now, reasonable wear and tear excepted and except for conditions caused or created by Buyer’s Inspections or otherwise permitted by this Agreement. Buyer shall be entitled to inspect the Premises on the day prior to the Date of Closing to ensure that the provisions of the preceding sentence have been complied with, and until closing Seller shall grant Buyer such access in the presence of Seller’s representatives to the Premises as is reasonably necessary (subject to the rights of tenants of the property) to facilitate such inspection and Buyer’s financing efforts.
POSSESSION AND CONDITION OF PREMISES. (not applicable, vacant land) Full possession of the said premises, free of all tenants and occupants, except as agreed to in writing by the parties, is to be delivered to the Buyer at the time of the transfer of the title, the said premises to be then in the same condition in which they now are, reasonable use and wear of buildings thereon excepted. The Buyer shall have the right to inspect the premises to insure compliance with this paragraph, prior to closing upon reasonable notice to the Seller. Lead Paint. (not applicable, vacant land) Chapter 111, Section 197 of the General Laws of the Commonwealth of Massachusetts, as amended, provides that, “Whenever any residential premises containing dangerous levels of lead paint, plaster or other materials undergoes a change of ownership and as a result thereof a child or, children under six years of age will become a resident therein, the new owner shall remove or cover said lead paint, plaster or other materials so as to make it inaccessible to such children. The property subject to this Agreement may, because of its age, contain dangerous levels of lead as defined in Chapter 111 of the laws of the Commonwealth, and the purchaser is hereby so notified and accepts the risk. The Buyer acknowledges receiving a copy of the Department of Public Health Property Transfer Notification prior to execution of this agreement.
POSSESSION AND CONDITION OF PREMISES. Full possession of said premises free of all tenants and occupants, except as herein provided, is to be delivered, at the time of the delivery of the deed, “As-is” and said premises to be then (a) free of all of the SELLER'S property and effects and in the same condition as they now are, reasonable use and wear thereof excepted, except as may be otherwise provided in this Agreement, and (b) in compliance with the provisions of any instrument referred to in clause 4 hereof. The BUYER shall be entitled to an inspection of said premises prior to the delivery of the deed in order to determine whether the condition thereof complies with the terms of this clause.
POSSESSION AND CONDITION OF PREMISES. Full possession of said premises, free of all tenants and occupants, except as herein provided, is to be delivered at the time of the delivery of the deed, said premises to be then (a) in the same condition as they now are, reasonable use and wear thereof excepted, and (b) in compliance with the provisions of any instrument referred to in paragraph 4 of this Agreement. The BUYER shall be entitled to an inspection of said premises prior to the delivery of the deed in order to determine whether the condition thereof complies with the terms of this clause.
POSSESSION AND CONDITION OF PREMISES. Purchaser shall be entitled to possession of the Business Premises on the effective date of this Agreement. Purchaser has examined and knows the condition of the Business Premises, and accepts same "AS IS" condition. Purchaser further acknowledges that no representations as to the condition of the Business Premises or repairs thereof have been made by Sellers. The taking of possession of the Business Premises by Purchaser shall be conclusive evidence against Purchaser that the Business Premises are in good and satisfactory condition.
