Property As Is Sample Clauses

Property As Is. Lessee acknowledges that it has been given full access to the Property for its due diligence review. Lessee acknowledges that the Property may have environmental and physical conditions related to prior mineral exploration or mining activities, including, but not limited to pits, adits, shafts and roads. Prior to entering into this Agreement, Lessee has investigated the Property, including the environmental conditions on that property and the overlying surface, to its satisfaction. Lessee is acquiring the interests in the Property hereunder “as is” without warranty of any kind as to the condition, suitability or usability of the Property for any purpose, or the ability to obtain any necessary permits or authorizations to access or mine the Property. The parties intend that this “as is” provision shall be effective specifically with respect to environmental conditions, and any and all common law or statutory claims with respect thereto. Lessee assumes the risk of any environmental contamination, hazardous substances and other conditions on or related to the Property and overlying surface. Lessor makes no representation or warranty as to the accuracy or completeness of any environmental, geological, financial, operating or other information it has provided relating to the Property, and Lessee agrees that Lessor shall have no liability for any damages relating to any inaccuracies or incompleteness of such information.

Property As Is. Licensor is acquiring the Property in “AS IS”, “WHERE IS” and “WITH ALL FAULTS” condition. Licensee understands that all improvements existing on, in, or under the Property and/or the Project as of the date of this Agreement were constructed or installed by HRF or prior occupants of the Property and/or the Project and were not constructed by Licensor. Information on the history and existing condition of the Property and the Project and the improvements existing thereon is limited, and Licensor makes no representations with respect to any previously or currently existing conditions of the Property or the Project.

Property As Is. Grantee acknowledges that it has been given full access to the Property for its due diligence review. Grantee acknowledges that the Property may have environmental and physical conditions related to prior mineral exploration or mining activities, including; but not limited to pits, adits, shafts and roads. Grantee is acquiring the Property “as is” without warranty of any kind as to the condition, suitability or usability of the Property for any purpose, or the ability to obtain any necessary permits or authorizations to access or mine the Property. The parties intend that this “as is” provision shall be effective specifically with respect to environmental conditions, and any and all common law or statutory claims with respect thereto. Subject to Section 7 below, Grantee assumes the risk of any environmental contamination, hazardous substances and other conditions on or related to the Property and overlying surface.

Property As Is. County does not warrant the condition of the Property. Property is being sold in “as is” condition as more particularly described on Exhibit C attached hereto and incorporated herein.

Property As Is. Gold Standard acknowledges that they have been given full access to the Newmont Property for their due diligence review. Gold Standard acknowledges that the Newmont Property may have environmental and physical conditions related to prior mineral exploration or mining activities, including, but not limited to pits, adits, shafts and roads. Prior to entering into this Agreement, Gold Standard has investigated the Newmont Property, including the environmental conditions on that property and the overlying surface, to their satisfaction. Gold Standard is acquiring the interests in the Newmont Property hereunder “as is” without warranty of any kind as to the condition, suitability or usability of the Newmont Property for any purpose, or the ability to obtain any necessary permits or authorizations to access or mine the Newmont Property. The parties intend that this “as is” provision shall be effective specifically with respect to environmental conditions, and any and all common law or statutory claims with respect thereto. Gold Standard assumes the risk of any environmental contamination, hazardous substances and other conditions on or related to the Newmont Property. Newmont makes no representation or warranty as to the accuracy or completeness of any environmental, geological, financial, operating or other information it has provided relating to the Newmont Property, and Gold Standard agrees that Newmont shall have no liability for any damages relating to any inaccuracies or incompleteness of such information.

Property As Is. Licensor is acquiring the Property in “AS IS”, “WHERE IS” and “WITH ALL FAULTS” condition. Licensee understands that all improvements existing on, in, or under the Property as of the date of this Agreement were constructed or installed by Xxxx or prior occupants of the Property and were not constructed by Licensor. Information on the history and existing condition of the Property and the improvements existing thereon is limited, and Licensor makes no representations with respect to any previously or currently existing conditions of the Property. Licensee further understands that the Property (including the Ag Lot) is currently not in use by Xxxx or any other third party and that all or a portion of the Property (including the Ag Lot) may be overgrown with vegetation, and that Licensee will be solely responsible, at its cost and expense, for clearing the Ag Lot as may be necessary for its operations.

Property As Is. Except as expressly provided in this Agreement including, without limitation, in connection with any representation and/or warranty of Seller made hereunder: (a) the Property is being sold without representations or warranties of any kind, whether express or implied, in “as is” “where is” condition and with all faults and Purchaser acknowledges that it is being provided a full opportunity to conduct any and all investigations, studies or tests it sees fit to perform; (b) Seller has specifically bargained for Purchaser to assume the risk of all unknown conditions; and (c) Seller has not made and will not make any warranties or representations whatsoever regarding the Property including without limitation the physical condition of the Property, the size of the Property, its suitability for Purchaser’s intended use, its fitness for a particular purpose, its suitability for development, the availability of approvals or entitlements, title to the Property, the availability of utilities and services, the availability of water, geologic conditions, soil conditions, Hazardous Materials, existing or contemplated zoning or planning designations or condemnation proceedings, the presence or absence of political opposition to development of the Property, or any other matter whatsoever related to the Property. PURCHASER ACKNOWLEDGES THAT IT AND ITS REPRESENTATIVES HAVE FULLY INSPECTED THE PROPERTY, THE LEASES, AND CONTRACTS RELATED TO THE OPERATION OF THE PROPERTY, OR WILL BE PROVIDED WITH AN ADEQUATE OPPORTUNITY TO DO SO, ARE OR WILL BE FULLY FAMILIAR WITH THE FINANCIAL AND PHYSICAL (INCLUDING WITHOUT LIMITATION, ENVIRONMENTAL) CONDITION THEREOF, AND THAT THE PROPERTY IS BEING PURCHASED BY PURCHASER IN AN “AS IS” AND “WHERE IS” CONDITION AND WITH EXISTING DEFECTS INCLUDING WITHOUT LIMITATION LATENT DEFECTS AS A RESULT OF SUCH INSPECTIONS AND INVESTIGATIONS AND, EXCEPT IN CONNECTION WITH ANY REPRESENTATION OR WARRANTY OF SELLER MADE HEREUNDER OR ANY CLOSING DOCUMENTS, NOT IN RELIANCE ON ANY AGREEMENT, UNDERSTANDING, CONDITION, WARRANTY (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF HABITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) OR REPRESENTATION MADE BY SELLER OR ANY AGENT, EMPLOYEE OR PRINCIPAL OF SELLER OR ANY OTHER PARTY (EXCEPT AS EXPRESSLY ELSEWHERE PROVIDED IN THIS AGREEMENT) AS TO THE FINANCIAL OR PHYSICAL (INCLUDING, WITHOUT LIMITATION, ENVIRONMENTAL) CONDITION OF THE PROPERTY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEME...

Property As Is. 7.1 “As-ls” Sale and Purchase. Buyer acknowledges that the provisions of this Section 7 have been required by Sellers as a material inducement to enter into the contemplated transactions, and the intent and effect of such provisions have been explained to Buyer and Buyer’s legal counsel and have been understood and agreed to by Buyer. As a material inducement to Sellers to enter into this Agreement and to convey each Property to Buyer, Buyer hereby acknowledges and agrees that Buyer is purchasing each Property in its existing condition, “As-ls, Where-ls, With All Faults”, and will, by the expiration of the Due Diligence Period, have made or have waived all inspections and investigations of the Property 15 Purchase and Sale Agreement and its vicinity which Buyer believes are necessary to protect its own interest in, and its contemplated use of, the Properties.

Property As Is. AuEx acknowledges that it has been given full access to the Newmont Property for its due diligence review. AuEx acknowledges that the Newmont Property may have environmental and physical conditions related to prior mineral exploration or mining activities, including, but not limited to pits, adits, shafts and roads. Prior to entering into this Agreement, AuEx has investigated the Newmont Property, including the environmental conditions on that property and the overlying surface, to its satisfaction. AuEx is acquiring the interests in the Newmont Property hereunder “as is” without warranty of any kind as to the condition, suitability or usability of the Newmont Property for any purpose, or the ability to obtain any necessary permits or authorizations to access or mine the Newmont Property. The parties intend that this “as is” provision shall be effective specifically with respect to environmental conditions, and any and all common law or statutory claims with respect thereto. Subject to Section 17 below, AuEx assumes the risk of any environmental contamination, hazardous substances and other conditions on or related to the Newmont Property and overlying surface.

Property As Is. OCPRC ACCEPTS THE PROPERTY “AS IS.” OCPRC ACKNOWLEDGES THAT IT HAD THE OPPORTUNITY TO INSPECT THE PROPERTY AND EITHER INSPECTED THE PROPERTY OR CHOSE NOT TO INSPECT THE PROPERTY.