Suitability of the Property Sample Clauses

Suitability of the Property. Prior to Closing, Developer shall have the right to engage, at its sole cost and expense, its own environmental consultant (“Developer’s Environmental Consultant”), to make such investigations as Developer deems necessary, including without limitation any “Phase 1” and “Phase 2” (if applicable) investigations of the Property or any portion thereof, in accordance with the Right of Entry, and the County shall promptly be provided a copy of all reports and test results provided by Developer’s Environmental Consultant (the “Environmental Reports”). Developer shall execute the Due Diligence Certificate upon Developer’s completion of such investigations, signifying its completion of due diligence with respect to the environmental condition of the Property.
Sample 1
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Suitability of the Property. Prior to Closing, Developer shall have the right to engage, at its sole cost and expense, its own environmental consultant (“Developer’s Environmental Consultant”), to make such investigations as Developer deems necessary, including without limitation any “Phase 1” and/or “Phase 2” investigations of the Property or any portion thereof, and the Agency shall promptly be provided a copy of all reports and test results provided by Developer’s Environmental Consultant (the “Environmental Reports”).
Sample 1
Suitability of the Property. Purchaser at its cost and expense and prior to the expiration of the Due Diligence Period, shall have determined, in its sole and absolute discretion, that the Property is suitable to Purchaser for its intended use and development in all respects.
Sample 1
Suitability of the Property a. Within ten (10) days after the Execution Date (defined below), Seller, at Seller's sole cost, shall deliver to Purchaser: i. A Phase I Environmental Study of the Property prepared by Mostardi-Platt dated Xxxxxxx 00, 2000 (the "Environmental Study"). ii. To the extent in Seller's possession or control and not already delivered to Purchaser, (i) copies of any and all existing title policies, surveys, soil tests and other reports or documents relating to the Property (including, without limitation, any hazardous waste, underground storage tank removal, soil disposition or other environmental reports or documents), (ii) copies of the latest available real estate tax bills and assessment notices covering the Property, and (iii) copies of any and all contracts, leases (including, without limitation, the Leases [defined below]), agreements or other written instruments with governmental authorities, utility companies or private parties creating easements, rights or obligations that burden the Property or the Property owner (all of the foregoing being referred to herein as the "Existing Information"). From and after the Execution Date and continuing until close of business on February 15, 2001 (the "Due Diligence Period"), Purchaser may review the Existing Information and investigate all other aspects of the Property, including, without limitation, conducting engineering studies, soil boring tests, environmental analyses, title, land use, zoning and planning feasibility studies, studies concerning the availability of utilities, traffic studies and such other investigations as Purchaser may elect in its sole and absolute discretion. In connection with such investigations, Purchaser and its agents, employees, contractors and consultants shall have the right at all times during the Due Diligence Period to enter the Property to make the inspections and investigations that Purchaser deems advisable, provided such entry shall not unreasonably interfere with the use of the Property. Prior to entering the Property, Purchaser shall provide a certificate of its or its contractors' and consultants' liability insurance in commercially reasonable amounts from insurance companies licensed in Illinois. Purchaser agrees to indemnify, defend and hold Seller harmless from any damage, injury or claim, including reasonable attorney's fees and costs, arising from such entry onto the Property to make such inspections and investigations. If, as a result of Purchaser's exercise of its ...
Sample 1

Related to Suitability of the Property

  • IDENTITY OF THE PROPERTY 11.1 The Purchaser shall admit the identity of the Property with that described in the Proclamation of Sale and such other documents offered by the Assignee/Bank as the title to the Property by a comparison of the description in the Proclamation of Sale and the aforesaid documents. 11.2 Any error, misstatement, omission or misdescription of the Property in the Proclamation of Sale and the documents referred to in paragraph 11.1 above shall not annul the sale, nor shall any compensation be allowed therefor.

  • Condition of the Property THE LESSEE ACKNOWLEDGES AND AGREES THAT IT IS LEASING THE PROPERTY "AS IS" WITHOUT REPRESENTATION, WARRANTY OR COVENANT (EXPRESS OR IMPLIED) BY THE LESSOR AND SUBJECT TO (A) THE EXISTING STATE OF TITLE, (B) THE RIGHTS OF ANY PARTIES IN POSSESSION THEREOF, (C) ANY STATE OF FACTS WHICH AN ACCURATE SURVEY OR PHYSICAL INSPECTION MIGHT SHOW, AND (D) VIOLATIONS OF REQUIREMENTS OF LAW WHICH MAY EXIST ON THE DATE HEREOF OR ON THE ACQUISITION DATE. THE LESSOR HAS NOT MADE AND SHALL NOT BE DEEMED TO HAVE MADE ANY REPRESENTATION, WARRANTY OR COVENANT (EXPRESS OR IMPLIED) AND SHALL NOT BE DEEMED TO HAVE ANY LIABILITY WHATSOEVER AS TO THE TITLE (OTHER THAN FOR LESSOR LIENS), VALUE, HABITABILITY, USE, CONDITION, DESIGN, OPERATION, OR FITNESS FOR USE OF THE PROPERTY (OR ANY PART THEREOF), OR ANY OTHER REPRESENTATION, WARRANTY OR COVENANT WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROPERTY (OR ANY PART THEREOF) AND THE LESSOR SHALL NOT BE LIABLE FOR ANY LATENT, HIDDEN, OR PATENT DEFECT THEREIN (OTHER THAN FOR LESSOR LIENS) OR THE FAILURE OF THE PROPERTY, OR ANY PART THEREOF, TO COMPLY WITH ANY REQUIREMENT OF LAW.

  • DESCRIPTION OF THE PROPERTY 13.1 The Property as referred to in the Proclamation of Sale shall be deemed to have been correctly and sufficiently described. 13.2 All intended bidders including the Purchaser shall be deemed to have sought independent legal advice, made necessary enquiries, searches and inspection of the Property and is satisfied with the identity, description, state and condition of the Property. 13.3 In the event of any error, misstatement, omission and/or misdescription of any kind relating to the Property in the Proclamation of Sale or any other documents, such error, misstatement, omission and/or misdescription shall not in any manner annul the sale, nor shall there be any adjustment of the Purchase Price nor shall compensation be allowed nor shall the Bank be open to any liability of any form. 13.4 If the land or floor area of the property is found to exceed that as described and additional payment is imposed for the excess area by the Developer and/or relevant authorities, then such additional payment shall be solely and absolutely borne and paid by the Purchaser 13.5 If the land or floor area of the property is found to be less that as described, any claim for the reduced area shall be undertaken solely by the Purchaser against the Developer and/or such party and neither the Assignee/ Bank , the Assignee/ Bank’s solicitors nor the Auctioneer shall in any way responsible or liable for such claim. The auction sale herein shall not be annulled and there shall not be any adjustment of the Purchase Price as a result of such shortfall in the area of the Property.

  • Maintenance of the Property Neither Broker nor Brokerage Firm is responsible for maintenance of the 324 Property nor are they liable for damage of any kind occurring to the Property, unless such damage is caused by their negligence or 325 intentional misconduct.

  • Property of Others Unless otherwise specifically stated in the contract, the Insurer is not liable for loss or damage to property owned by any person other than the Insured, unless the interest of the Insured therein is stated in the contract.

  • Operation of the Property Between June 1, 1998 and the Closing Date, Seller shall (a) lease, operate, manage and enter into contracts with respect to the Property, in the same manner done by Seller prior to the date hereof (provided, however, that without the prior consent of Purchaser, which as to (i) and (ii) shall not be unreasonably delayed, conditioned or withheld, (i) Seller shall not enter into any Service Contract that cannot be terminated with thirty (30) days notice or materially modify any existing Service Contracts to be assumed by Purchaser at Closing, and (ii) after June 1, 1998, Seller shall not materially modify or terminate any existing Tenant Lease or grant any material consents under any existing Tenant Lease (except as otherwise required pursuant to the terms and conditions of such Tenant Lease), or enter into any new Tenant Lease, and (iii) Seller shall not apply any then unapplied Deposits (as reflected on the Rent Roll delivered by Seller to Purchaser pursuant to Schedule 5.3(vii) hereof) under Tenant Leases); and (b) advise Purchaser of the commencement of any litigation, condemnation or other judicial or administrative proceedings affecting the Property of which Seller has current actual knowledge. Notwithstanding anything to the contrary set forth in this Contract, Purchaser acknowledges that after June 1, 1998 and prior to Closing, Seller will enter into contracts for the completion of Tenant improvements under Tenant Leases entered into after June 1, 1998 pursuant to the terms of Section 12.1 hereof (collectively, the "Tenant Finish Contracts"). Purchaser and Seller agree that at Closing, Purchaser shall assume the obligations of Seller under all such Tenant Finish Contracts including, without limitation, the obligations to pay any costs and expenses charged with respect to construction of improvements in the space subject to such Tenant Leases. At Closing, Purchaser shall execute and deliver to the Seller an Assignment, Assumption and Indemnity Agreement in the form attached hereto as Exhibit H and made a part hereof for all purposes.

  • Use of the Property The Tenant agrees with the Landlord as follows:- 3.1 To use the Room or Studio (as applicable) only as a single private residence for occupation by the Tenant personally and not to allow visitors to remain in the Room or in the Flat or Studio (as applicable) overnight unless the Tenant has registered the visitor at reception and obtained the Landlord’s consent to the visitor remaining in the Room or the Flat or Studio (as applicable) overnight such consent not to be unreasonably withheld or delayed provided that no overcrowding occurs and (where applicable) the other occupiers of the Flat do not raise any objection 3.2 The Tenant shall not: 3.2.1 use the Room Studio Flat or Building for the purposes of conducting a business 3.2.2 keep any pets or other animals on or in the Room Studio Flat or Building without the prior written consent of the Landlord 3.2.3 play or use any musical instrument or television radio or other means of reproducing sound so that the sound is audible outside the Room Flat Studio or Building 3.2.4 connect to the telephone line the internet or any other systems 3.2.5 store bicycles in the Room Flat Studio or Building but to store any bicycle in the designated bicycle areas of the Building only and in the event of the Landlord removing any bicycle stored in breach of this clause to pay to the Landlord within 7 days of written demand £25 before the release of the bicycle to the Tenant 3.2.6 store or keep or use any unlawful substance or materials in the Room Flat Studio or Building at any time and to report to the Landlord or any of its employees the presence of any such unlawful substance or materials 3.2.7 keep store or use in the Room Flat Studio or Building any inflammable or dangerous articles, any lighted candles electronic cigarettes incense sticks shisha pipes naked flame appliances portable heater lamp or other portable apparatus fed by paraffin or liquid gas and to comply with all of the Landlord’s requirements relating to fire safety as set out in the Fire Safety Agreement which is available for inspection at the relevant onsite management reception 3.2.8 keep or use in the Room Flat Studio or Building any electrical heating and/or electrical cooking equipment and/or multiway adaptors; 3.2.9 bring into or keep in the Room Flat Studio or Building any other electrical items (“the Items”) unless the Tenant has first produced by prior appointment the Items to the Landlord’s officer in the relevant onsite management reception for Portable Appliance Testing (“XXX”) and thereafter obtained the approval of the Landlord to the keeping and using of the Items in the Room or the Flat or Studio, ( as applicable) which approval will be given if the Items are in good safe working order and meet the XXX requirements 3.2.10 expose or allow to be hung any laundry washing or other items so as to be visible from outside of the Room Flat Studio or Building and not to dry clothes on the storage heaters 3.2.11 not to bring into or keep in the Room Flat Studio or Building any washing machine 3.2.12 glue stick nail tack screw fix or fasten (whether with Blue-Tack or similar materials) anything whatsoever to the interior or the exterior of the Room Flat Studio or Building 3.2.13 smoke (including electronic cigarettes) or use non-prescription drugs within the Room Flat Studio or Building 3.2.14 part with the keys or access fob to the Room Flat Studio or Building and to report immediately any loss of the same to the Landlord and to pay to the Landlord before the Landlord issues any replacements the sum of £20 for each replacement key and £15 for each replacement access fob (and if a key or access fob is found and returned by the student after a replacement has been issued and the cost charged, the refund of the cost is at the Landlord’s discretion and in any event an administrative fee may be charged.) 3.2.15 damage or force or in any way misuse any locks in the Room Flat Studio or Building and in the event of default to pay to the Landlord on demand all reasonable costs (including an additional administration charge) reasonably incurred by the Landlord in replacing the same and/or making good all damage caused 3.2.16 connect to or trail wires from the telephone apparatus and/or any television in the Room Flat Studio or Building to protect the health and safety of the Tenant and (where applicable) the occupiers of the Building 3.2.17 tamper with any fire safety equipment in the Room Flat Studio or Building including without limitation fire extinguishers, smoke alarms, emergency exit signs and break glass alarm points 3.2.18 cause a nuisance annoyance or interference or threaten or abuse any other residents in the Building any employees servants or agents of the Landlord or the owners and occupiers of neighbouring, adjoining or adjacent property or the owners of occupiers of them; 3.2.19 do anything that has the effect of invalidating the insurance that the Landlord has taken out in relation to the Building 3.2.20 use the Room or the Flat or the Studio for immoral or illegal purposes or otherwise commit or be involved in any criminal activity 3.3 The Tenant agrees to: 3.3.1 where applicable, open the windows in the Room or the Studio to the tilt position for at least 30 minutes each day (provided that the Tenant is in occupation) to ventilate the Room or Studio and not to open the windows in the Room beyond the tilt position save in emergencies. 3.3.2 always to use the extractor fan in the bathroom when using the bathroom and not to disable the extractor fan except for safety reasons in an emergency 3.3.3 use best endeavours to ensure that the Tenant’s visitors comply with the Tenant’s obligations under this Agreement while present in the Room Flat Studio or the Building 3.3.4 comply with additional obligations or restrictions set out in any management scheme or other regulations reasonably required by the Landlord which may be notified to the Tenant in writing from time to time. 3.4 Unless otherwise expressly provided, the obligations and liabilities of the Tenant under this agreement are joint and several. This means that where, there is more than one tenant of the Studio Flat or the Building the Tenant will be liable for all sums due under the agreement, not just liable for a proportionate part.

  • Possession of the Property The Parties hereby agree that the exclusive possession of the Property shall be delivered by the Seller to the Buyer on

  • Development of the Property Except as modified by this Agreement, the Development and the Property will be developed in accordance with all applicable local, state, and federal regulations, including but not limited to the City’s ordinances and the zoning regulations applicable to the Property, and such amendments to City ordinances and regulations that that may be applied to the Development and the Property under Chapter 245, Texas Local Government Code, and good engineering practices (the “Applicable Regulations”). If there is a conflict between the Applicable Regulations and the Development Standards, the Development Standards shall control.

  • Ownership of the Property (a) Lessor and Lessee intend that (i) for financial accounting purposes with respect to Lessee (A) this Lease will be treated as an "operating lease" pursuant to Statement of Financial Accounting Standards (SFAS) No. 13, as LEASE amended, (B) Lessor will be treated as the owner and lessor of the Properties and (C) Lessee will be treated as the lessee of the Properties, but (ii) for federal, state and local income tax and all other purposes (A) this Lease will be treated as a financing arrangement, (B) the Lenders will be treated as senior lenders making loans to Lessee in an amount equal to the Loans, which Loans will be secured by the Properties, (C) Lessor will be treated as a subordinated lender making a loan to Lessee in an amount equal to the Investor Contribution, which loan is secured by the Properties, and (D) Lessee will be treated as the owner of the Properties and will be entitled to all tax benefits ordinarily available to an owner of property like such Property for such tax purposes. Nevertheless, Lessee acknowledges and agrees that none of the Participants has made any representations or warranties to Lessee concerning the tax, accounting or legal characteristics of the Operative Agreements and that Lessee has obtained and relied upon such tax, accounting and legal advice concerning the Operative Agreements as it deems appropriate. The parties hereto will not take any position inconsistent with the intentions expressed herein. (b) Lessor and Lessee further intend and agree that, for the purpose of securing Lessee's obligations for the repayment of the above-described loans, (i) this Lease shall also be deemed to be a security agreement and financing statement within the meaning of Article 9 of the Uniform Commercial Code and a real property mortgage or deed of trust, as applicable; (ii) the conveyance provided for in Section 2 shall be deemed a grant of a security interest in and a mortgage lien on Lessee's right, title and interest in the Properties (including the right to exercise all remedies as are contained in the applicable Lease Supplement and Memorandum of Lease upon the occurrence of a Lease Event of Default) and all proceeds of the conversion, voluntary or involuntary, of the foregoing into cash, investments, securities or other property, whether in the form of cash, investments, securities or other property, for the benefit of Lessor to secure Lessee's payment of all amounts owed by Lessee under this Lease and the other Operative Agreements and Lessor holds title to the Properties so as to create and grant a first lien and prior security interest in each Property pursuant to this Lease for the benefit of the Administrative Agent under the Assignment of Lease, to secure to the Administrative Agent the obligations of Lessee under the Lease; (iii) the possession by Lessor or any of its agents of notes and such other items of property as constitute instruments, money, negotiable documents or chattel paper shall be deemed to be "possession by the secured party" for purposes of perfecting the security interest pursuant to Section 9-305 of the Uniform Commercial Code; and (iv) notifications to Persons holding such property, and acknowledgments, receipts or confirmations from financial intermediaries, bankers or agents (as applicable) of Lessee shall be deemed to have been given for the purpose of perfecting such security interest under applicable law. Lessor and Lessee shall, to the extent consistent with this Lease, take such actions as may be necessary to ensure that, if this Lease were deemed to create a security interest in the Properties in accordance with this Section, such security interest would be deemed to be a perfected security interest of first priority under applicable law and will be maintained as such throughout the Term. Nevertheless, Lessee acknowledges and agrees that no Participant has provided or will provide tax, accounting or legal advice to Lessee regarding this Lease, the Operative Agreements or the transactions contemplated hereby and thereby, or made any representations or warranties concerning the tax, accounting or legal characteristics of the Operative Agreements, and that Lessee has obtained and relied

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