Special Conditions or Hazards Sample Clauses

Special Conditions or Hazards. Operator shall disclose to the Lessee the presence of any condition or hazard within the Knowledge of Operator, and Lessee shall likewise disclose to Operator, the existence of any condition or hazard within the Knowledge of Lessee, to the extent that such condition or hazard may create or contribute to any Claims, damages, losses, or expenses not typically insured against by the coverages specified in Section 5.1 (a). If any such condition or hazard requires removal, abatement, or any other special procedures, such special procedures shall be performed at Lessee’s expense in compliance with all Legal Requirements. Conditions or hazards to which this Section 5.2 refers include: latent risks to health such as asbestos, silicosis, toxic or hazardous chemicals, and waste products; hazards to the environment such as underground storage tanks; and latent or patent toxic, nontoxic, abrasive, or irritant pollutants. At Lessee’s expense, Operator shall endeavor to obtain appropriate insurance coverage against such conditions and hazards to protect the interests of both Operator and Lessee.
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Special Conditions or Hazards. Owner has disclosed to Manager the results of the environmental testing obtained by Owner in connection with the acquisition of the Hotel.
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Special Conditions or Hazards. Owner shall disclose to Westin (and Westin shall disclose to Owner) the presence of any condition or hazard of which Owner (or Westin, as applicable) has actual knowledge that may create or contribute to any claims, damages, losses, or expenses not typically insured against by the coverages specified in Section 5.1.1. If any such condition or hazard requires removal, abatement, or any other special procedures, such special procedures shall be performed at Owner’s expense in compliance with all Legal Requirements. Conditions or hazards to which this Section 5.2 refers include: latent risks to health such as asbestos; silicosis; toxic or hazardous chemicals; and waste products; hazards to the environment such as underground storage tanks; and latent or patent toxic, nontoxic, abrasive, or irritant pollutants. At Owner’s expense, Westin shall endeavor to obtain appropriate insurance coverages against such conditions and hazards to protect the interests of both Westin and Owner.
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Special Conditions or Hazards. 24 5.3 PARTIES INSURED AND AMOUNTS OF COVERAGE....................................24
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Special Conditions or Hazards. Corporation shall disclose to Manager prior to the commencement of the Operating Term the presence of any condition or hazard (i) existing as of the commencement of the Operating Term, (ii) that is known to Corporation and (iii) that may create or contribute to any claims, damages, losses, or expenses not typically insured against by the coverages required pursuant to Section 5.1.1 of this Agreement. If any such condition or hazard requires removal, abatement, or any other special procedures, such special procedures shall be performed as an Operating Expense in compliance with all Legal Requirements. Conditions or hazards to which this Section 5.1.4 refers include the following: latent risks to health such as asbestos, silicosis, toxic or hazardous chemicals, and waste products; hazards to the environment such as underground storage tanks; and latent or patent toxic, nontoxic, abrasive, or irritant pollutants. As an expense of the Hotel, Manager shall endeavor to obtain appropriate insurance coverages against such conditions and hazards to protect the interests of Manager, Corporation and Trustee. Notwithstanding anything contained herein to the contrary, if the existence of any condition or hazard as described above causes Manager to be unable to operate the Hotel as intended, or causes the Termination or temporary suspension of this Agreement, Corporation shall not be liable to Manager or any Affiliate of Manager for any consequential damages in the nature of opportunity cost (e.g., Manager's alleged damages based on the argument that it would have taken another opportunity in the Hotel's market had it known of such condition or hazard).
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Special Conditions or Hazards. Owner shall disclose to Operator prior to the commencement of the Operating Term the presence of any condition or hazard existing as of the commencement of the Operating Term that may create or contribute to any claims, damages, losses, or expenses not typically insured against by the coverages specified in Exhibit C. If any such condition or hazard requires removal, abatement, or any other special procedures, such special procedures shall be performed at Owner's expense in compliance with all Legal Requirements. Conditions or hazards to which this Section 12.2. refers include: (i) latent risks to health such as asbestos, silicosis, toxic or hazardous chemicals, and waste products; (ii) hazards to the environment such as underground storage tanks; and (iii) latent or patent toxic, nontoxic, abrasive, or irritant pollutants. At Owner's expense, Operator shall endeavor to obtain appropriate insurance coverages against such conditions and hazards to protect the interests of both Operator and Owner.
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Special Conditions or Hazards. Lessee shall disclose to the Lessor the presence of any condition or hazard within the actual knowledge of Lessee, and Lessor shall likewise disclose to Lessee the existence of any condition or hazard within the actual knowledge of Lessee, to the extent that such condition or hazard may create or contribute to any Claims, damages, losses, or expenses not typically insured against by the coverages specified in Section 13.1(a). If any such condition or hazard requires removal, abatement, or any other special procedures, such special procedures shall be performed at Lessee’s expense in compliance with all Legal Requirements. Conditions or hazards to which this Section 13.2 refers include latent risks to health such as asbestos, silicosis, toxic or hazardous chemicals and waste products; hazards to the environment such as underground storage tanks; and latent or patent toxic, nontoxic, abrasive, or irritant pollutants. At Lessee’s expense, Lessee shall endeavor to obtain appropriate insurance coverage against such conditions and hazards to protect the interests of Lessee and Lessor.
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Related to Special Conditions or Hazards

  • Special Conditions A submitted appeal must;

  • Environmental Conditions A Phase I environmental site assessment (or update of a previous Phase I and or Phase II environmental site assessment) and, with respect to certain Mortgage Loans, a Phase II environmental site assessment (collectively, an “ESA”) meeting ASTM requirements conducted by a reputable environmental consultant in connection with such Mortgage Loan within 12 months prior to its origination date (or an update of a previous ESA was prepared), and such ESA (i) did not identify the existence of Recognized Environmental Conditions (as such term is defined in ASTM E1527-05 or its successor, hereinafter “Environmental Condition”) at the related Mortgaged Property or the need for further investigation, or (ii) if the existence of an Environmental Condition or need for further investigation was indicated in any such ESA, then at least one of the following statements is true: (A) an amount reasonably estimated by a reputable environmental consultant to be sufficient to cover the estimated cost to cure any material noncompliance with applicable Environmental Laws or the Environmental Condition has been escrowed by the related Mortgagor and is held or controlled by the related lender; (B) if the only Environmental Condition relates to the presence of asbestos-containing materials, radon in indoor air, lead based paint or lead in drinking water, the only recommended action in the ESA is the institution of such a plan, an operations or maintenance plan has been required to be instituted by the related Mortgagor that can reasonably be expected to mitigate the identified risk; (C) the Environmental Condition identified in the related environmental report was remediated, abated or contained in all material respects prior to the date hereof, and, if and as appropriate, a no further action, completion or closure letter or its equivalent, was obtained from the applicable governmental regulatory authority (or the Environmental Condition affecting the related Mortgaged Property was otherwise listed by such governmental authority as “closed” or a reputable environmental consultant has concluded that no further action or investigation is required); (D) an environmental policy or a lender’s pollution legal liability insurance policy that covers liability for the Environmental Condition was obtained from an insurer rated no less than “A-” (or the equivalent) by Xxxxx’x, S&P and/or Fitch; (E) a party not related to the Mortgagor was identified as the responsible party for the Environmental Condition and such responsible party has financial resources reasonably estimated to be adequate to address the situation; or (F) a party related to the Mortgagor having financial resources reasonably estimated to be adequate to address the situation is required to take action. To Seller’s knowledge, except as set forth in the ESA, there is no Environmental Condition at the related Mortgaged Property.

  • Additional Conditions For each mediation or arbitration:

  • Physical Condition Except as disclosed in the Physical Conditions Reports delivered to Lender in connecting with this Loan, to Borrower's knowledge, the Property, including, without limitation, all buildings, improvements, parking facilities, sidewalks, storm drainage systems, roofs, plumbing systems, HVAC systems, fire protection systems, electrical systems, equipment, elevators, exterior sidings and doors, landscaping, irrigation systems and all structural components, are in good condition, order and repair in all material respects; there exists no structural or other material defects or damages in the Property, whether latent or otherwise, and Borrower has not received notice from any insurance company or bonding company of any defects or inadequacies in the Property, or any part thereof, which would adversely affect the insurability of the same or cause the imposition of extraordinary premiums or charges thereon or of any termination or threatened termination of any policy of insurance or bond.

  • ORIGINAL CONDITIONS A. All reinsurance under this Contract shall be subject to the same rates, terms, conditions, waivers and interpretations and to the same modifications and alterations as the Policy, subject to the terms and conditions of this Contract, and the Reinsurer shall be credited with its exact proportion of the Insured's premiums due to the Company under the Policy.

  • Environmental Condition Except as set forth on Schedule 5.12 to the Information Certificate, (a) to each Loan Party’s knowledge, no properties or assets of any Loan Party or any of its Subsidiaries have ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan Party’s knowledge, after due inquiry, no Loan Party’s nor any of its Subsidiaries’ properties or assets have ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Change.

  • Mutual Conditions The respective obligations of each party to consummate the purchase and issuance and sale of the Purchased Units shall be subject to the satisfaction on or prior to the Closing Date of each of the following conditions (any or all of which may be waived by a party on behalf of itself in writing, in whole or in part, to the extent permitted by applicable Law):

  • Financial Conditions Section 4.01. (a) The Recipient shall maintain or cause to be maintained a financial management system, including records and accounts, and prepare financial statements in a format acceptable to the Bank, adequate to reflect the operations, resources and expenditures in respect of the Project and each Sub-project (including its cost and the benefits to be derived from it).

  • General Conditions (i) Each party will make each payment or delivery specified in each Confirmation to be made by it, subject to the other provisions of this Agreement.

  • Waiver of Closing Conditions Upon the occurrence of the Closing, any condition set forth in this Article V that was not satisfied as of the Closing shall be deemed to have been waived as of the Closing for the applicable Transferred Asset.

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