Subsurface, Surface and Building Conditions. Except for the representations and obligations of PDC set forth in this Agreement, PDC will convey the Property to Developer “AS IS” upon satisfaction of all Conditions Precedent set forth in Section 1.5. Except as otherwise specifically provided in this Agreement, PDC makes no warranties or representations as to the suitability of the soil conditions or any other conditions of the Property or of any structures thereon for any improvements to be constructed by the Developer, and Developer warrants that it has not relied on any representations or warranties, made by the PDC as to the environmental condition of the Property, the suitability of the soil conditions or any of the conditions of the Property for any improvements to be constructed by the Developer. Except for a breach of PDC representations and warranties expressly set forth in this Agreement, Developer agrees that PDC will not be liable for any loss, cost or damage which may be caused or incurred by Developer by reason of any such soil or physical conditions on the Property. PDC has allowed Developer free access to PDC’s records with respect to conditions of the soils and will assist in obtaining the cooperation of other public and private agencies having such information.
Subsurface, Surface and Building Conditions. Except as otherwise provided in this Agreement, the Agency shall transfer the Garage Site in "AS IS" condition. The Agency makes no warranties or representations as to the suitability of the soil conditions or any other conditions of the Garage Site for any improvements to be constructed by the Redeveloper, and the Redeveloper warrants that it has not relied on any representations or warranties, if any, made by the Agency as to the suitability of the soil conditions or any of the conditions of the Garage Site for any improvements to be constructed by the Redeveloper. Redeveloper agrees that the Agency will not be liable for any loss, cost or First Amended and Restated DDA – One Waterfront Place v8 January 4, 2008 damage which may be caused or incurred by Redeveloper by reason of any such conditions.
Subsurface, Surface and Building Conditions. PDC shall convey the Property to Developer, and Developer shall accept the Property, in “AS IS” condition on the Closing date, without warranty of any kind except as otherwise specifically set forth in this Agreement and other Closing documents. In particular, PDC makes no warranties or representations that the soil conditions, environmental conditions or any other conditions of the Property or structures thereon are suitable for any improvements. Developer acknowledges that it has not relied on any verbal representations made by the PDC as to the soil conditions, environmental conditions or any other conditions of the Property. Developer acknowledges that it has had free access to PDC’s records with respect to the condition of the Property, specifically including the Environmental Reports, which access PDC agrees to continue to provide to Developer through Closing.
