Property Conditions. THIS SALE OF THE EQUIPMENT AND ALL OTHER PERSONAL PROPERTY THAT IS A PART OF THE PROPERTY IS MADE ON AN "AS IS, WHERE IS" BASIS WITH ALL FAULTS AS TO ITS CONDITION, AND SELLER EXPRESSLY DISCLAIMS ALL WARRANTIES AS TO THE CONDITION OF THE EQUIPMENT (NOTE, HOWEVER, THERE ARE CERTAIN WARRANTIES AS TO TITLE AS HEREIN SET FORTH) INCLUDING, WITHOUT LIMITATIONS, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. Seller agrees that for a period of time commencing with the date of the letter of intent dated October 17, 1996, above described, and continuing until five (5) business days before Closing (the "Review Period"), Purchaser, personally or through its 117 authorized agents or representatives, shall have the right to make any and all physical inspections of the Property which Purchaser may desire to make or to have made and to make all such other inspections, surveys, tests, or other studies (including, but not limited to, environmental assessments and evaluations) as Purchaser deems necessary or desirable. Upon reasonable notice to Seller, Purchaser, and its authorized agents and representatives, at Purchaser's sole risk, may enter upon the Property for the purpose of conducting those inspections, surveys, tests, and studies. If Purchaser shall determine that the condition of the Property is not in substantial compliance with any governmental regulations (including environmental regulations), then upon discovery, Purchaser must promptly give written notice to Seller of such condition ("Condition"). Upon receipt of such notice, Seller shall have the option, but not the obligation, to (a) cure or remedy such Condition to the reasonable satisfaction of Purchaser (if current remediation of such Condition is required by a governmental agency, Seller agrees that the Condition shall be remedied in accordance with and to the satisfaction of the appropriate agency's requirements); or (b) agree with Purchaser on a reduction to the Purchase Price which reduction shall reflect Purchaser's anticipated reasonable cost to remedy such Condition. If the Condition cannot be cured or remedied to Purchaser's reasonable satisfaction, and if agreement cannot be reached on reduction to the Purchase Price, then the affected Property may be excluded by Purchaser from the Property to be acquired by Purchaser hereunder. In such event , the Purchase Price shall be reduced by the Allocated Purchase Price (see subparagraph (c) below) for such excluded Prope...
Property Conditions. The Parties agree that upon completion of Purchaser’s operations the Property shall be left in a condition consistent with the University’s designation of the Property as future development property. Therefore:
(i) the Purchaser shall remove and stockpile all topsoil; and
(ii) prior to initiating excavation activities at any particular site, the boundaries of each excavation site shall be marked by the Purchaser prior to initiation of excavation activities at such site; and
(iii) prior to marking any new excavation site and allowing Purchaser to proceed at such new site, the University may require Purchaser to pay all Royalty due the University for its prior operations and further require Purchaser to complete reclamation on all prior excavation sites and otherwise make such sites comply with the requirements of this Agreement; and
(iv) Purchaser shall take all reasonable steps to minimize blowing dust, such as reclaiming and reseeding areas in which extraction is complete, continuously watering disturbed or bare areas and areas open to excavation, and other appropriate steps as required to avoid blowing dust; and
(v) Purchaser shall not excavate below the elevation of One Hundred Eighty (180.00) feet above sea level in the Mine Area., and
(vi) Purchaser shall leave no pits or depressions or uneven topography and shall smooth the contours of the excavated area prior to replacement of topsoil and reseeding. Purchaser shall also ensure that no ponding, soil washing or erosion occurs and that existing water drainage patterns are maintained; and
(vii) Purchaser shall reestablish all preexisting roads and access routes; and
(viii) upon completion of its operations, Purchaser shall replace stockpiled topsoil on the lands disturbed by its operations, and fertilize and reseed the disturbed areas (using seed mix and amounts per Exhibit X) and ensure the proper reestablishment and growth of plant coverage, as part of its reclamation pursuant to Paragraph 29 hereof; and
(ix) Purchaser shall obtain University approval prior to bringing additional top soil on to the Property, if necessary, for reclamation purposes.
Property Conditions. Each Property is free of material structural defects, and all building systems contained therein are in good working order in all material respects, subject to ordinary wear and tear.
Property Conditions. The PRODUCER agrees to leave Property in as good order and condition as it was immediately prior to any use of property pursuant to this AGREEMENT, and to pay for any physical damage, reasonable wear and tear excepted, that may occur through the use of said property by the PRODUCER. The PRODUCER will use reasonable care to prevent damage to said Property, and will indemnify the OWNER, and all other parties lawfully in possession, of said Property, and hold each of them harmless from any claims and demands of any person or persons arising out of or based upon personal injuries, death or property damage suffered by such person or persons resulting directly from any act of negligence on PRODUCERS’ part in connection with PRODUCERS’ use of the Property.
Property Conditions. THIS SALE OF THE EQUIPMENT AND ALL OTHER PERSONAL PROPERTY THAT IS A PART OF THE PROPERTY IS MADE ON AN "AS IS, WHERE IS" BASIS WITH ALL FAULTS AS TO ITS CONDITION, AND SELLER EXPRESSLY DISCLAIMS ALL WARRANTIES AS TO THE CONDITION OF THE EQUIPMENT (NOTE, HOWEVER, THERE ARE CERTAIN WARRANTIES AS TO TITLE AS HEREIN SET FORTH) INCLUDING, WITHOUT LIMITATIONS, THE
Property Conditions. Landlord will allow Property Manager to make necessary repairs to the property to offer tenants a quality home. If Property Manager feels that Landlord is not offering a good quality of living for the tenants, Property Manager may terminate this contract.
Property Conditions. By executing this Contract, the Contractor represents that it has visited the Property, familiarized itself with the local conditions under which the Work is to be performed and correlated its observations with the requirements of the Contract Documents. The Contractor shall confine operations at the Project to areas permitted by law, ordinances, permits, and the Contract Documents and shall not unreasonably encumber the Property with any materials or equipment. The Contractor shall coordinate all the Contractor's operations with and secure approval from the Owner's Representative before using any portion of the Property.
Property Conditions. The Agreement shall contain the minimum mandatory conditions required by state law, including, but not limited to, provisions related to maintenance or rehabilitation of the property, explanation of conditions for non- renewal or revocation, and requirements for access by government officials for owner’s compliance with the Agreement.
Property Conditions. THIS SALE OF THE EQUIPMENT AND ALL OTHER PERSONAL PROPERTY THAT IS A PART OF THE PROPERTY IS MADE ON AN "AS IS, WHERE IS" BASIS WITH ALL FAULTS AS TO ITS CONDITION, AND SELLER EXPRESSLY DISCLAIMS ALL WARRANTIES AS TO THE CONDITION OF THE EQUIPMENT (NOTE, HOWEVER, THERE ARE CERTAIN WARRANTIES AS TO TITLE AS HEREIN SET FORTH) INCLUDING, WITHOUT LIMITATIONS, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. Seller agrees that for a period of time commencing with the date of the letter of intent dated October 17, 1996, above described, and continuing until five (5) business days before Closing (the "Review Period"), Purchaser, personally or through its authorized agents or representatives, shall have the right to make any and all physical inspections of the Property which Purchaser may desire to make or to have made and to make all such other inspections, surveys, tests, or other studies (including, but not limited to, environmental assessments and evaluations) as Purchaser deems necessary or desirable. Upon reasonable notice to Seller, Purchaser, and its authorized agents and representatives, at Purchaser's sole risk, may enter upon the Property for the purpose of conducting those
Property Conditions. The County agrees to accept the Premise in its existing ‘as-is’ physical condition as of the effective date of this Agreement. Neither Party shall make or authorize any use of the Premise that is contrary to any applicable federal, state and local laws, rules, regulations, and ordinances. Each Party agrees to promptly, and without delay, notify the other Party, respectfully, either in phone, email, or orally of any hazardous, dangerous, unsafe, or destructive conditions, trespassers, vandalism or damages that either the City or the County, including any of their employees or agents or invitees, notices or is made aware of on or at the Facility, the Premise or the Property.
