Seller’s Duty to Disclose. Seller shall disclose to Buyer any and all known latent or hidden defects in the Property that could not be discovered by the Buyer during a reasonably careful inspection of the Property.
Seller’s Duty to Disclose. As used in this Contract, the terms “known” or “knowledge” as applied to Seller mean actual (not constructive) knowledge or lack of knowledge of Bxxxxx X. Xxxxx, Bxxxx X. Xxxxx, Sxxxxx X. Xxxx and Sxxxxx X. Xxxxxxxxx (only), and shall absolutely not require any independent investigation or any inquiry of other employees or agents of Seller. If Seller obtains actual knowledge prior to the Closing of a fact which would make any of the representations and warranties of Seller in this Contract false or inaccurate in any material respect, Seller will notify Buyer of such fact (except that this sentence will not apply to matters as to which Seller's knowledge originates from any communication of information by Buyer to Seller or any environmental assessments or other due diligence investigations performed by Buyer).
Seller’s Duty to Disclose. If prior to the Closing Date Seller obtains actual knowledge (which will have the same meaning as in Section 6.4) of a matter or condition that would cause any representation made by Seller in this Agreement to be false, then Seller will promptly notify Purchaser of the matter or condition discovered by or made known to Seller (other than through Purchaser’s investigations) that would cause such any such representation to be false. As to a representation or warranty that is made as to matters “to Seller’s Knowledge” (or words of similar effect), Seller will not be deemed in breach of such representations or warranties, or responsible for correction of any non-compliance with the matter or condition in question or be liable under any indemnity provision in the Agreement after the Closing Date unless (A) Seller had actual knowledge on the Closing Date that the representation or warranty was false or the condition was not satisfied, and (B) Seller failed to disclose promptly to Purchaser the matter or condition that became known to Seller which made the representation or warranty untrue. This Section 6 will survive the Closing Date as to events, matters or conditions that accrue or occur prior to the Closing Date.
