Present Condition. Without limiting any rights or remedies of the Concessionaire in connection with a breach of the representation and warranty in Section 9.1(g)(i) the Concessionaire understands, agrees and acknowledges that the Concessionaire (i) by the execution of this Agreement, agrees to accept the Metered Parking System “AS IS” at the Time of Closing and (ii) has inspected the Metered Parking System and is aware of its condition and acknowledges that the City neither has made nor is making any representation or warranty, express or implied, regarding the condition of the Metered Parking System (or any part thereof) or its suitability for the Concessionaire’s proposed use, except for representations explicitly provided in Section 9.1.
Present Condition. Subject to Section 2.5(i) and Section 3.2(c) and except as specifically set forth in Section 9.1, the Lessee understands, agrees and acknowledges that the Lessee (i) by the execution of this Agreement, agrees to accept the LMM Airport Facility “AS IS” at the Time of Closing (subject to the “Excluded Liabilities” and subject to the Authority’s obligation for Restoration under Section 2.5(i)) and (ii) has inspected the LMM Airport Facility and is aware of its condition and acknowledges that the Authority neither has made nor is making any representation or warranty, express or implied, regarding the condition of the LMM Airport Facility (or any part thereof) or its suitability for the Lessee’s proposed use.
Present Condition. Xxxxx accepts the Property in its present condition except that Seller, at Seller's expense, will complete the following before closing: See Special Provisions Addendum .
Present Condition. Subject to Section 2.5(i) and except as specifically set forth herein, the Concessionaire understands, agrees and acknowledges that the Concessionaire (i) by the execution of this Agreement, agrees to accept the System “AS IS” at the Time of Closing and (ii) has inspected the System and is aware of its condition and acknowledges that the City has not made and is not making any representation or warranty, express or implied, regarding the condition of the System (or any part thereof) or its suitability for the Concessionaire’s proposed use.
Present Condition. (Check (1) or (2) only.)
ý (1) Buyer accepts the Property in its present “as-is” condition, subject to representations and warranties made by Seller herein
o (2) Buyer accepts the Property in its present condition except that Seller, at Seller’s expense, will complete the following before closing:
Present Condition. AAF acknowledges that it is leasing the Property in “as-is” condition except as otherwise expressly set forth in this Agreement, without warranty of title (provided that, if requested by AAF in connection with a policy of leasehold title insurance to be obtained by AAF, the Department will execute and deliver a title affidavit in the form of Exhibit “D” to this Agreement). AAF has inspected the Property to the extent desired by AAF and is satisfied with the physical condition of the Property. The taking of possession by AAF is conclusive evidence of AAF’s acceptance of the condition of the Property, subject to the terms and conditions of this Section and this Agreement. Except as otherwise expressly set forth in this Agreement, the Department has not made and does not make any representations or warranties as to the physical condition or any matter or thing affecting or pertaining to the Property or its suitability for AAF’s intended use, and AAF expressly acknowledges and agrees to take the Property “AS IS.” It is understood and agreed that all understandings and discussions of the Parties concerning the lease of the Property are merged into this Agreement and that this Agreement is entered into after full investigation, with neither party relying upon any statements or representations of the other not embodied in this Agreement. AAF acknowledges that the Department has afforded and has agreed to continue to afford it the opportunity of a full and complete investigation, examination, and inspection of the Property and all matters and items related or connected to the Property. There are no express or implied warranties given by the Department to AAF in connection with the Property except as otherwise expressly set forth in this Agreement. AAF EXPRESSLY RELEASES THE DEPARTMENT FROM ANY LIABILITY, WARRANTY, OR OBLIGATION TO AAF RELATING TO THE CONDITION OF THE PROPERTY, SPECIFICALLY INCLUDING: LATENT AND PATENT CONDITIONS; ZONING; PERMITTING; SUBSOIL CONDITIONS; STORMWATER DRAINAGE CONDITIONS; THE EXISTENCE OR CONDITION OF ANY UTILITIES; AND ANY AND ALL OTHER MATIERS RELATING TO THE PHYSICAL CONDITION OF THE PROPERTY; PROVIDED, HOWEVER, NOTWITHSTANDING THE FOREGOING, WITH REGARD TO HAZARDOUS OR TOXIC WASTES, SUBSTANCES, AND MATERIALS, OR POLLUTANTS, AAF ONLY RELEASES THE DEPARTMENT FROM ANY LIABILITY, WARRANTY, OR OBLIGATION TO AAF RELATING TO THE RELEASE OF HAZARDOUS OR TOXIC WASTES, SUBSTANCES, AND MATERIALS, OR POLLUTANTS, ON OR FROM THE PROPERTY OR ANY ...
Present Condition. Subject generally to Metro’s representations, warranties and covenants, Parking Company understands, agrees and acknowledges that Parking Company (i) by the execution of this Agreement, agrees to accept for operating on behalf of Metro the Metered Parking System “AS IS” on the Effective Date and (ii) has inspected the Metered Parking System and is aware of its condition and acknowledges that Metro neither has made nor is making any representation or warranty, express or implied, regarding the condition of the Metered Parking System (or any part thereof) or its suitability for Parking Company’s implementation of the Business Plan, except for representations explicitly provided in Section 9.1(d).
Present Condition. Except with respect to (i) any Unforeseen Events encountered in the development, construction and operation of the Plant and (ii) the Excluded Liabilities as provided for in Section 4.2, and except as specifically set forth in Section 11.1, the Concessionaire understands, agrees and acknowledges that the Concessionaire, by the execution of this Agreement, agrees to accept the Plant Site and the Project Assets "AS IS" at the Time of Closing.
Present Condition. Subject to Section 2.5(i) and Section 3.2(c) and except as specifically set forth in Section 9.1, the Concession Company understands, agrees and acknowledges that the Concession Company (i) by the execution of this Agreement, agrees to accept the Cruise Port Facility, including the Cruise Port Facility Assets, “AS IS” at the Time of Closing (subject to the “Excluded Liabilities” and subject to the Authority’s obligation for Restoration under Section 2.5(i)) and (ii) has inspected the Cruise Port Facility, including the Cruise Port Facility Assets, and is aware of its condition and acknowledges that the Authority neither has made nor is making any representation or warranty, express or implied, regarding the condition of the Cruise Port Facility, including the Cruise Port Facility Assets (or any part thereof) or its or their suitability for the Concession Company’s proposed use. For the avoidance of doubt, the Authority is not obligated to remove any structures or other property from the Cruise Port Facility prior to Closing and any removal and disposal of any structures or other property by the Concession Company after Closing shall not constitute a Compensation Event.
Present Condition. Prior to the commencement of the Term, Landlord shall put the building systems, including, without limitation, plumbing and electrical lines and equipment, heating, ventilation and air conditioning systems, boilers, and elevators, if any, in good repair and condition. Landlord represents that as of the Commencement Date, such systems are in good mechanical and operating condition. Landlord further represents that it has no knowledge of any conditions which presently exist which could materially adversely affect Tenant’s business or use of the Premises, so long as such business or use is substantially similar to the business conducted on the Premises by the Landlord prior to this Lease. Subject to the preceding sentences of this paragraph, Tenant accepts the Premises in their present condition.
