Soil Conditions. 8.5.1 The Town approvals do not verify or confirm the adequacy of soil conditions including soil contamination and the Developer shall indemnify and save the Town harmless from all actions or claims relating to soil conditions on the Lands.
8.5.2 The Developer shall remove from the Lands any material determined to be hazardous to the satisfaction of the Town and the MOE, prior to commencement of construction of any Services unless otherwise permitted by the Town Engineer.
Soil Conditions. 1.9.1 Lessor shall include the cost of, and be responsible for, certifications of sub soil conditions under footings, floors, paving, etc.
Soil Conditions. The Developer acknowledges that the City makes no representations or warranties as to the condition of the soils on the property or its fitness for construction of the improvements or any other purpose for which the Developer may make use of such property. The Developer further agrees that it will indemnify, defend, and hold harmless the City, its governing body members, officers, and employees from any claims or actions arising out of the presence, if any, of hazardous wastes or pollutants on the property, unless hazardous wastes or pollutants were caused to be there by the City.
Soil Conditions. The surface and subsurface condition of the Land is such that it will support the Improvements without present need for additional subsurface excavation, fill, footing, caissons or other installations, and the Improvements have been constructed in a manner which is compatible with the soil conditions at the time of construction.
Soil Conditions. Owner has no actual knowledge that the Property has any slipping, sliding, settling, flooding, ponding or any other grading, drainage or soil problems, except (it will be assumed no known exceptions exist unless they are specified here): None.
Soil Conditions. County makes no covenants or warranties respecting the condition of the soil, or sub-soil, or any other condition of the Premises. Tenant hereby understands and acknowledges that the Premises are within the area know as "Ordnance Road Area". It is suspected that the United States Army buried former war materials, including without limitation, gas ampules and ammunition, in and around Ordnance Road Area. Tenant further acknowledges that in the past County has encountered such materials when excavating in areas that comprised the former Army Air Field. Tenant further acknowledges that County has made no representations to Tenant as to the risks associated with excavating native versus non-native soils, nor has County represented to Tenant, what areas of the Premises or the Airport have been previously excavated. County represents that it has not withheld and will not withhold from Tenant, any adverse information requested by Tenant in the possession of County relating specifically to the Premises with respect to the condition of the soil, or sub-soil, or any other condition of the Premises. Tenant hereby releases County from any and all claims Tenant may have against County respecting the condition of the subsoil, or any other condition of the Premises, as well as any and all claims Tenant may have against County for the existence of any former war materials buried on or about County property, except and excluding any and all claims relating to or arising from any Hazardous Materials, other than any former war materials. which are or were existing, released, or discharged on, to, or in the Premises at any time prior to the Commencement Date. Tenant expressly waives the benefits of Civil Code §1542, which provides as follows: "A general release does not extend to claims which the creditor does not know or expect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Soil Conditions. No test borings of the Premises have disclosed, and Seller has no knowledge of, any unusual surface or subsurface soil conditions or the existence of underground rocks or other conditions that would hamper or materially increase the cost of building at the Premises.
Soil Conditions. Contractor shall have no responsibility for the condition of the soils at the work site. Any excavation, filling, or other work shall be the responsibility of the Owner. Owner shall determine before construction begins if additional site work is required because of soil conditions. Owner responsible for testing of the underlying soil conditions and/or on any other area. Owner waives any claim against Contractor for any damages suffered by Owner as a result of soil movement or soil conditions.
Soil Conditions. The Town Parties shall provide any test results or evaluations of the Project Site in its possession. To the best of the Town Parties’ knowledge and belief, the Project Site is suitable for its intended use. The Developer has been afforded the opportunity to conduct any said testing the Developer felt was necessary prior to entering into this Agreement.
Soil Conditions. Purchaser, or his designated parties, at Purchaser's sole expense, shall have the privilege, during the term of this Agreement, of going upon the Real Estate to inspect, examine, make engineering tests and to update Vendor's present environmental test (Audit One), if any, issued in Purchaser's name or to secure a new Audit One Report or other studies deemed appropriate by Purchaser to determine the suitability of the Real Estate for Purchaser's intended commercial use. Purchaser shall promptly restore the realty so disturbed to the condition reasonably matching the pre-disturbed condition and shall indemnify and hold Vendor harmless for damages occasioned thereby which will survive closing.
