Common use of Waiver of Right to Receive Seller Disclosure Statement and Waiver of Right to Rescind Clause in Contracts

Waiver of Right to Receive Seller Disclosure Statement and Waiver of Right to Rescind. PURSUANT TO RCW CH. 64.06, AS AMENDED BY CHAPTER 64, LAWS OF 2010, BUYER HEREBY WAIVES ITS RIGHT TO RECEIVE THE SELLER DISCLOSURE STATEMENT REFERRED TO THEREIN. THIS WAIVER DOES NOT EXTEND TO THE SECTION OF THE DISCLOSURE STATEMENT ENTITLED “ENVIRONMENTAL”. Buyer acknowledges that it has, concurrently herewith, received from Seller the Form-17 Environmental Seller Disclosure Statement. By executing this Agreement, Buyer waives its right to receive the balance of the completed Seller Disclosure Statement. Xxxxx further agrees that any information discovered by Xxxxx concerning the Property shall not obligate Seller to prepare and deliver to Buyer a revised or updated Seller Disclosure Statement. Buyer hereby waives any right to receive an updated or revised Seller Disclosure Statement, regardless of the source of any new information. Buyer further warrants that it is a sophisticated Buyer who is familiar with the ownership and development of real estate projects similar to the Property and Buyer has or will have adequate opportunity to complete such independent inspections of the Property as it deems necessary, and will acquire such Property solely on the basis of and in reliance upon such examinations and not on any information provided in any Seller Disclosure Statement or otherwise provided or to be provided by Seller or by anyone acting or claiming to act by, through or under or on Seller’s behalf. XXXXX XXXXXX XXXXXX, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE RIGHT TO RESCIND THIS CONTRACT PURSUANT TO ANY PROVISION OF RCW 64.06, AS AMENDED BY CHAPTER 64, LAWS OF 2010. IT IS THE INTENT OF BUYER THAT ANY SELLER DISCLOSURE STATEMENT PROVIDED BY SELLER WILL NOT BE RELIED UPON BY BUYER, AND SHALL GIVE BUYER NO RIGHTS WITH RESPECT TO SELLER OR UNDER THIS CONTRACT. THIS WAIVER OF THE RIGHT TO RESCIND APPLIES TO THE SELLER DISCLOSURE STATEMENT PROVIDED TO BUYER DURING THE DUE DILIGENCE PERIOD AND APPLIES PROSPECTIVELY TO ANY UPDATED OR REVISED SELLER DISCLOSURE STATEMENTS, IF ANY, THAT MAY BE PROVIDED BY SELLER TO BUYER. THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE CLOSING.

Appears in 1 contract

Samples: Purchase and Sale Agreement (EQT Exeter Real Estate Income Trust, Inc.)

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Waiver of Right to Receive Seller Disclosure Statement and Waiver of Right to Rescind. PURSUANT TO RCW CH. REVISED CODE OF WASHINGTON (“RCW”) CHAPTER 64.06, AS AMENDED BY CHAPTER 64, LAWS OF 2010, BUYER HEREBY WAIVES ITS RIGHT TO RECEIVE THE SELLER DISCLOSURE STATEMENT REFERRED TO THEREIN. THIS WAIVER DOES NOT EXTEND TO THE SECTION OF THE DISCLOSURE STATEMENT ENTITLED “ENVIRONMENTAL”. .” Seller shall provide to Buyer acknowledges that it has, concurrently herewith, received from Seller with the Form-17 Environmental “Environmental” section of the Seller Disclosure Statement. By Statement within five (5) business days after the Effective Date and by executing this Agreement, Buyer waives its right to receive the balance of the completed Seller Disclosure StatementStatement with respect to the Property. Xxxxx Buyer further agrees that any information discovered by Xxxxx Buyer concerning the Property shall not obligate Seller to prepare and deliver to Buyer a revised or updated Seller Disclosure Statement. Buyer hereby waives any right to receive an updated or revised Seller Disclosure Statement, regardless of the source of any new information. Buyer further warrants that it is a sophisticated Buyer buyer who is familiar with the ownership and development of real estate projects similar to the Property and Buyer has or will have adequate opportunity to complete such independent inspections of the Property as it deems necessary, and will acquire such the Property solely on the basis of and in reliance upon such examinations and not on any information provided in any Seller Disclosure Statement or otherwise provided or to be provided by Seller (other than as expressly provided in the Agreement or by anyone acting or claiming to act by, through or under or on Seller’s behalfin the Deed). XXXXX XXXXXX XXXXXXBUYER HEREBY WAIVES, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE RIGHT TO RESCIND THIS CONTRACT AGREEMENT PURSUANT TO ANY PROVISION OF RCW 64.06, AS AMENDED BY CHAPTER 64, LAWS OF 2010. IT IS THE INTENT OF BUYER THAT ANY SELLER DISCLOSURE STATEMENT PROVIDED BY SELLER WILL NOT BE RELIED UPON BY BUYER, AND SHALL GIVE BUYER NO RIGHTS WITH RESPECT TO SELLER OR UNDER THIS CONTRACTAGREEMENT. THIS WAIVER OF THE RIGHT TO RESCIND APPLIES TO THE SELLER DISCLOSURE STATEMENT PROVIDED TO BUYER DURING THE DUE DILIGENCE REVIEW PERIOD AND APPLIES PROSPECTIVELY TO ANY UPDATED OR REVISED SELLER DISCLOSURE STATEMENTS, IF ANY, STATEMENTS THAT MAY BE PROVIDED BY SELLER TO BUYER. THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE CLOSING.

Appears in 1 contract

Samples: Purchase Agreement (Invesco Real Estate Income Trust Inc.)

Waiver of Right to Receive Seller Disclosure Statement and Waiver of Right to Rescind. PURSUANT TO RCW CH. 64.06, AS AMENDED BY CHAPTER 64, LAWS OF 2010, BUYER HEREBY WAIVES ITS RIGHT TO RECEIVE THE SELLER DISCLOSURE STATEMENT REFERRED TO THEREIN. THIS WAIVER DOES NOT EXTEND TO THE SECTION OF THE DISCLOSURE STATEMENT ENTITLED "ENVIRONMENTAL". Seller shall provide to Buyer acknowledges that it has, concurrently herewith, received from Seller the Form-17 Environmental "Environmental" section of the Seller Disclosure Statement. By Statement during the Property Approval Period, and by executing this Agreement, Buyer waives its right to receive the balance of the completed Seller Disclosure Statement. Xxxxx further agrees that any information discovered by Xxxxx concerning the Property shall not obligate Seller to prepare and deliver to Buyer a revised or updated Seller Disclosure Statement. Buyer hereby waives any right to receive an updated or revised Seller Disclosure Statement, regardless of the source of any new information. Buyer further warrants that it is a sophisticated Buyer buyer who is familiar with the ownership and development of real estate projects similar to the Property and Buyer has or will have adequate opportunity to complete such independent inspections of the Property as it deems necessary, and will acquire such the Property solely on the basis of and in reliance upon such examinations and not on any information provided in any Seller Disclosure Statement or, except as set forth in this Agreement or the Closing Documents, any information otherwise provided or to be provided by Seller or by anyone acting or claiming to act by, through though or under or on Seller’s 's behalf. XXXXX XXXXXX XXXXXXBUYER HEREBY WAIVES, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE RIGHT TO RESCIND THIS CONTRACT AGREEMENT PURSUANT TO ANY PROVISION OF RCW 64.06, AS AMENDED BY CHAPTER 64, LAWS OF 2010. IT IS THE INTENT OF BUYER THAT ANY SELLER DISCLOSURE STATEMENT PROVIDED BY SELLER WILL NOT BE RELIED UPON BY BUYER, AND SHALL GIVE BUYER NO RIGHTS WITH RESPECT TO SELLER OR UNDER THIS CONTRACTAGREEMENT. THIS WAIVER OF THE RIGHT TO RESCIND APPLIES TO THE SELLER DISCLOSURE STATEMENT PROVIDED TO BUYER DURING THE DUE DILIGENCE PROPERTY APPROVAL PERIOD AND APPLIES PROSPECTIVELY TO ANY UPDATED OR REVISED SELLER DISCLOSURE STATEMENTS, IF ANY, STATEMENTS THAT MAY BE PROVIDED BY SELLER TO BUYER. THE PROVISIONS OF THIS SECTION 10.1.6 SHALL SURVIVE THE CLOSING.

Appears in 1 contract

Samples: Purchase and Sale Agreement (American Assets Trust, L.P.)

Waiver of Right to Receive Seller Disclosure Statement and Waiver of Right to Rescind. PURSUANT THE LAND AND IMPROVEMENTS CONSTITUTE “COMMERCIAL REAL ESTATE” AS DEFINED IN RCW 64.06. PURCHASER WAIVES THE RIGHT TO RECEIVE A SELLER DISCLOSURE STATEMENT (A “SELLER DISCLOSURE STATEMENT”) IF REQUIRED BY RCW CH64.06. 64.06, AS AMENDED BY CHAPTER 64, LAWS OF 2010, BUYER HEREBY WAIVES RCW 64.06 PROVIDES THAT PURCHASER MAY WAIVE ITS RIGHT TO RECEIVE THE SELLER DISCLOSURE STATEMENT REFERRED STATEMENT; PROVIDED, HOWEVER, IF THE ANSWER TO THEREIN. THIS WAIVER DOES NOT EXTEND TO ANY OF THE QUESTIONS IN THE SECTION OF THE SELLER DISCLOSURE STATEMENT ENTITLED “ENVIRONMENTAL” WOULD BE “YES,” PURCHASER MAY NOT WAIVE THE RECEIPT OF THE “ENVIRONMENTAL” SECTION OF THE SELLER DISCLOSURE STATEMENT. Buyer acknowledges that it hasBY EXECUTING THIS AGREEMENT, concurrently herewith, received from Seller the Form-17 Environmental Seller Disclosure StatementPURCHASER ACKNOWLEDGES THAT IT HAS RECEIVED THE “ENVIRONMENTAL” SECTION OF THE SELLER DISCLOSURE STATEMENT AND PURCHASER WAIVES ITS RIGHT TO RECEIVE THE BALANCE OF THE COMPLETED SELLER DISCLOSURE STATEMENT. By executing this Agreement, Buyer waives its right to receive the balance of the completed Seller Disclosure Statement. Xxxxx Purchaser further agrees that any information discovered by Xxxxx Purchaser concerning the Property Land and Improvements shall not obligate Seller to prepare and deliver to Buyer Purchaser a revised or updated Seller Disclosure Statement. Buyer Purchaser hereby waives any right to receive an updated or revised Seller Disclosure Statement, regardless of the source of any new information. Buyer further warrants that it is a sophisticated Buyer who is familiar with the ownership and development of real estate projects similar to the Property and Buyer has or will have adequate opportunity to complete such independent inspections of the Property as it deems necessary, and will acquire such Property solely on the basis of and in reliance upon such examinations and not on any information provided in any Seller Disclosure Statement or otherwise provided or to be provided by Seller or by anyone acting or claiming to act by, through or under or on Seller’s behalf. XXXXX XXXXXX XXXXXXPURCHASER HEREBY WAIVES, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE RIGHT TO RESCIND THIS CONTRACT AGREEMENT PURSUANT TO ANY PROVISION OF RCW 64.06, AS AMENDED BY CHAPTER 64, LAWS OF 2010. IT IS THE INTENT OF BUYER PURCHASER THAT ANY SELLER DISCLOSURE STATEMENT PROVIDED BY SELLER WILL NOT BE RELIED UPON BY BUYERPURCHASER, AND SHALL GIVE BUYER PURCHASER NO RIGHTS WITH RESPECT TO SELLER OR UNDER THIS CONTRACTAGREEMENT. THIS WAIVER OF THE RIGHT TO RESCIND APPLIES TO THE SELLER DISCLOSURE STATEMENT STATEMENTS PROVIDED TO BUYER DURING BEFORE, ON OR AFTER THE DUE DILIGENCE PERIOD DATE OF THIS AGREEMENT AND APPLIES PROSPECTIVELY TO ANY UPDATED OR REVISED SELLER DISCLOSURE STATEMENTS, IF ANY, STATEMENTS THAT MAY BE PROVIDED BY SELLER TO BUYER. THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE CLOSINGPURCHASER.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Amazon Com Inc)

Waiver of Right to Receive Seller Disclosure Statement and Waiver of Right to Rescind. PURSUANT TO RCW CH. 64.06, AS AMENDED BY CHAPTER 64, LAWS OF 2010, BUYER PURCHASER HEREBY WAIVES ITS RIGHT TO RECEIVE THE SELLER DISCLOSURE STATEMENT REFERRED TO THEREINTHEREIN WITH RESPECT TO THE PROPERTY. THIS WAIVER DOES NOT EXTEND TO THE SECTION OF THE DISCLOSURE STATEMENT ENTITLED “ENVIRONMENTAL”. Buyer acknowledges that it hasTHE ENVIRONMENTAL SELLER DISCLOSURE STATEMENT, concurrently herewithEXECUTED BY BOTH SELLER AND PURCHASER, received from Seller the Form-17 Environmental Seller Disclosure StatementIS ATTACHED HERETO AS EXHIBIT “I”. By executing this Agreement, Buyer Purchaser waives its right to receive the balance of the completed Seller Disclosure StatementStatement with respect to the Property. Xxxxx Purchaser further agrees that any information discovered by Xxxxx Purchaser concerning the Property shall not obligate Seller to prepare and deliver to Buyer Purchaser a revised or updated Seller Disclosure Statement. Buyer Purchaser hereby waives any right to receive an updated or revised Seller Disclosure Statement, regardless of the source of any new information. Buyer Purchaser further warrants that it is a sophisticated Buyer buyer who is familiar with the ownership and development of real estate projects similar to the Property and Buyer Purchaser has or will have adequate opportunity to complete such independent inspections of the Property as it deems necessary, and will acquire such the Property solely on the basis of and in reliance upon such examinations and not on any information provided in any Seller Disclosure Statement or, except as set forth in this Agreement or the Closing Documents, any information otherwise provided or to be provided by Seller or by anyone acting or claiming to act by, through or under or on Seller’s behalf. XXXXX XXXXXX XXXXXXPURCHASER HEREBY WAIVES, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE RIGHT TO RESCIND THIS CONTRACT AGREEMENT PURSUANT TO ANY PROVISION OF RCW 64.06, AS AMENDED BY CHAPTER 64, LAWS OF 2010. IT IS THE INTENT OF BUYER PURCHASER THAT ANY SELLER DISCLOSURE STATEMENT PROVIDED BY SELLER WILL NOT BE RELIED UPON BY BUYERPURCHASER, AND SHALL GIVE BUYER PURCHASER NO RIGHTS WITH RESPECT TO SELLER OR UNDER THIS CONTRACTAGREEMENT. THIS WAIVER OF THE RIGHT TO RESCIND APPLIES TO THE SELLER DISCLOSURE STATEMENT PROVIDED TO BUYER PURCHASER DURING THE DUE DILIGENCE REVIEW PERIOD AND APPLIES PROSPECTIVELY TO ANY UPDATED OR REVISED SELLER DISCLOSURE STATEMENTS, IF ANY, STATEMENTS THAT MAY BE PROVIDED BY SELLER TO BUYERPURCHASER. THE PROVISIONS OF THIS SECTION 13 SHALL SURVIVE THE CLOSING.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Strategic Storage Trust VI, Inc.)

Waiver of Right to Receive Seller Disclosure Statement and Waiver of Right to Rescind. PURSUANT TO Because the Property may fit within the definition of “unimproved residential real property” under RCW CH. 64.06, AS AMENDED BY CHAPTER 64Seller may be required by RCW 64.06 to provide Purchaser with a completed statutory seller disclosure statement (the “Seller Disclosure Statement”). Purchaser and Seller agree that RCW 64.06 was not intended to apply to commercial transactions such as the transactions contemplated in this Agreement and, LAWS OF 2010to the extent permissible, BUYER HEREBY WAIVES ITS RIGHT TO RECEIVE THE SELLER DISCLOSURE STATEMENT REFERRED TO THEREINPurchaser intends to waive any and all rights Purchaser may have with respect to both the right to receive a Seller Disclosure Statement and the right to rescind this Agreement based on such Seller Disclosure Statement. THIS WAIVER DOES NOT EXTEND TO THE SECTION OF THE DISCLOSURE STATEMENT ENTITLED Notwithstanding such understanding, Purchaser and Seller wish to comply with RCW 64.06 in the event it is deemed applicable and in the event Purchaser’s waiver is held to not to be enforceable. RCW 64.06 provides that Purchaser may waive its right to receive the Seller Disclosure Statement; provided, however, if the answer to any of the questions in the section of the Seller Disclosure Statement entitled ENVIRONMENTAL”. Buyer acknowledges that it has, concurrently herewith, received from Seller Environmental” would be “yes,” Purchaser may not waive the Form-17 Environmental receipt of the “Environmental” section of the Seller Disclosure Statement. By executing this Agreement, Buyer Purchaser acknowledges that (i) Purchaser has received, approved and accepted the “Environmental” section of the Seller Disclosure Statement, a copy of which is attached to this Agreement as Schedule 4.2.5 and (ii) Purchaser waives its right to receive the balance any of the completed other sections of the Seller Disclosure Statement. Xxxxx Purchaser further agrees that any information discovered by Xxxxx Purchaser concerning the Property shall not obligate Seller to prepare and deliver to Buyer Purchaser a revised or updated Seller Disclosure Statement. Buyer Purchaser hereby waives any right to receive an any updated or revised Seller Disclosure Statement, regardless of the source of any new information. Buyer Any “corrective action” proposed to be taken by Seller to restore the accuracy of the disclosures of the “Environmental” section of the Seller Disclosure Statement, as described in RCW 64.06.040(1), shall be subject to Section 6.1.1 of this Agreement. Purchaser further warrants that it is a sophisticated Buyer purchaser who is familiar with the ownership and development of real estate projects similar to the Property and Buyer Purchaser has or will have adequate opportunity to complete such independent inspections of the Property as it deems necessary, and will acquire such the Property solely on the basis of and in reliance upon such examinations and not on any information provided in any Seller Disclosure Statement or otherwise provided or to be provided by Seller or by anyone acting or claiming to act by, through or under or on Seller’s behalf(other than as expressly provided in this Agreement). XXXXX XXXXXX XXXXXXPURCHASER HEREBY WAIVES, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE RIGHT TO RESCIND THIS CONTRACT AGREEMENT PURSUANT TO ANY PROVISION OF RCW 64.06, AS AMENDED BY CHAPTER 64, LAWS OF 2010. IT IS THE INTENT OF BUYER PURCHASER AND SELLER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THAT ANY SELLER DISCLOSURE STATEMENT PROVIDED BY SELLER WILL NOT BE RELIED UPON BY BUYERPURCHASER, AND SHALL GIVE BUYER PURCHASER NO RIGHTS WITH RESPECT TO SELLER OR UNDER THIS CONTRACTAGREEMENT. THIS WAIVER OF THE RIGHT TO RESCIND APPLIES TO THE SELLER DISCLOSURE STATEMENT PROVIDED TO BUYER DURING ON OR BEFORE THE DUE DILIGENCE PERIOD EFFECTIVE DATE OF THIS AGREEMENT AND APPLIES PROSPECTIVELY TO ANY UPDATED OR REVISED SELLER DISCLOSURE STATEMENTS, IF ANY, STATEMENTS THAT MAY BE PROVIDED BY SELLER TO BUYER. THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE CLOSINGPURCHASER.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Cole Credit Property Trust III, Inc.)

Waiver of Right to Receive Seller Disclosure Statement and Waiver of Right to Rescind. PURSUANT TO The Land and Improvements constitutes “commercial real estate” as defined in RCW CH64.06. Purchaser waives the right to receive a seller disclosure statement (a “Seller Disclosure Statement”) if required by RCW 64.06. RCW 64.06 provides that Purchaser may waive its right to receive the Seller Disclosure Statement; provided, AS AMENDED BY CHAPTER 64however, LAWS OF 2010, BUYER HEREBY WAIVES ITS RIGHT TO RECEIVE THE SELLER DISCLOSURE STATEMENT REFERRED TO THEREIN. THIS WAIVER DOES NOT EXTEND TO THE SECTION OF THE DISCLOSURE STATEMENT ENTITLED if the answer to any of the questions in the section of the Seller Disclosure Statement entitled ENVIRONMENTAL”. Buyer acknowledges that it has, concurrently herewith, received from Seller Environmental” would be “yes,” Purchaser may not waive the Form-17 Environmental receipt of the “Environmental” section of the Seller Disclosure Statement. By executing this Agreement, Buyer Purchaser acknowledges that it has received the “Environmental” section of the Seller Disclosure Statement and Purchaser waives its right to receive the balance of the completed Seller Disclosure Statement. Xxxxx Subject to the terms of Section 39 below, Purchaser further agrees that any information discovered by Xxxxx Purchaser concerning the Property Land and Improvements shall not obligate Seller to prepare and deliver to Buyer Purchaser a revised or updated Seller Disclosure Statement. Buyer Purchaser hereby waives any right to receive an updated or revised Seller Disclosure Statement, regardless of the source of any new information. Buyer Purchaser further warrants that it is a sophisticated Buyer Purchaser who is familiar with the ownership and development of real estate projects similar to the Property Land and Buyer Improvements and Purchaser has or will have adequate opportunity to complete such independent inspections of the Property as Land and Improvements it deems necessary, necessary and will acquire such Property solely on the basis of and in reliance upon such examinations and not be relying on any information provided in any Seller Disclosure Statement or otherwise provided or to be provided by Seller or by anyone acting or claiming to act by, through or under or on Seller’s behalf. XXXXX XXXXXX XXXXXX, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE RIGHT TO RESCIND THIS CONTRACT PURSUANT TO ANY PROVISION OF RCW 64.06, AS AMENDED BY CHAPTER 64, LAWS OF 2010. IT IS THE INTENT OF BUYER THAT ANY SELLER DISCLOSURE STATEMENT PROVIDED BY SELLER WILL NOT BE RELIED UPON BY BUYER, AND SHALL GIVE BUYER NO RIGHTS WITH RESPECT TO SELLER OR UNDER THIS CONTRACT. THIS WAIVER OF THE RIGHT TO RESCIND APPLIES TO THE SELLER DISCLOSURE STATEMENT PROVIDED TO BUYER DURING THE DUE DILIGENCE PERIOD AND APPLIES PROSPECTIVELY TO ANY UPDATED OR REVISED SELLER DISCLOSURE STATEMENTS, IF ANY, THAT MAY BE PROVIDED BY SELLER TO BUYER. THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE CLOSINGStatement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (New Senior Investment Group Inc.)

Waiver of Right to Receive Seller Disclosure Statement and Waiver of Right to Rescind. PURSUANT TO The Real Property and Improvements constitutes “commercial real estate” as defined in RCW CH. 64.06, AS AMENDED BY CHAPTER 64, LAWS OF 2010, BUYER HEREBY WAIVES ITS RIGHT TO RECEIVE THE SELLER DISCLOSURE STATEMENT REFERRED TO THEREIN. THIS WAIVER DOES NOT EXTEND TO THE SECTION OF THE DISCLOSURE STATEMENT ENTITLED “ENVIRONMENTAL”. Buyer acknowledges waives the right to receive a seller disclosure statement (a “Seller Disclosure Statement”) if required by RCW 64.06. RCW 64.06 provides that it hasBuyer may waive its right to receive the Seller Disclosure Statement; provided, concurrently herewithhowever, received from if the answer to any of the questions in the section of the Seller Disclosure Statement entitled “Environmental” would be “yes,” Buyer may not waive the Form-17 Environmental receipt of the “Environmental” section of the Seller Disclosure Statement. By executing this Agreement, Buyer acknowledges that it has received the “Environmental” section of the Seller Disclosure Statement and Buyer waives its right to receive the balance of the completed Seller Disclosure Statement. Xxxxx Buyer further agrees that any information discovered by Xxxxx Buyer concerning the Real Property shall and Improvements will not obligate Seller to prepare and deliver to Buyer a revised or updated Seller Disclosure Statement. Buyer hereby waives any right to receive an updated or revised Seller Disclosure Statement, regardless of the source of any new information. Buyer further warrants that it is a sophisticated Buyer who is familiar with the ownership and development of real estate projects similar to the Property and Buyer has or will have adequate opportunity to complete such independent inspections of the Property as it deems necessary, and will acquire such Property solely on the basis of and in reliance upon such examinations and not on any information provided in any Seller Disclosure Statement or otherwise provided or to be provided by Seller or by anyone acting or claiming to act by, through or under or on Seller’s behalf. XXXXX XXXXXX XXXXXXBUYER HEREBY WAIVES, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE RIGHT TO RESCIND THIS CONTRACT AGREEMENT PURSUANT TO ANY PROVISION OF RCW 64.06, AS AMENDED BY CHAPTER 64, LAWS OF 2010. IT IS THE INTENT OF BUYER THAT ANY SELLER DISCLOSURE STATEMENT PROVIDED BY SELLER WILL NOT BE RELIED UPON BY BUYER, AND SHALL WILL GIVE BUYER NO RIGHTS WITH RESPECT TO SELLER OR UNDER THIS CONTRACTAGREEMENT. THIS WAIVER OF THE RIGHT TO RESCIND APPLIES TO THE SELLER DISCLOSURE STATEMENT PROVIDED TO BUYER DURING BEFORE, ON OR AFTER THE DUE DILIGENCE PERIOD DATE OF THIS AGREEMENT AND APPLIES PROSPECTIVELY TO ANY UPDATED OR REVISED SELLER DISCLOSURE STATEMENTS, IF ANY, STATEMENTS THAT MAY BE PROVIDED BY SELLER TO BUYER. THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE CLOSING.

Appears in 1 contract

Samples: Purchase and Sale Agreement (iCap Vault 1, LLC)

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Waiver of Right to Receive Seller Disclosure Statement and Waiver of Right to Rescind. PURSUANT TO (a) RCW CH. 64.0664.06.010(7) provides that Buyer may waive its right to receive a “Seller Disclosure Statement” as defined in RCW 64.06.005; provided, AS AMENDED BY CHAPTER 64however, LAWS OF 2010, BUYER HEREBY WAIVES ITS RIGHT TO RECEIVE THE SELLER DISCLOSURE STATEMENT REFERRED TO THEREIN. THIS WAIVER DOES NOT EXTEND TO THE SECTION OF THE DISCLOSURE STATEMENT ENTITLED if the answer to any of the questions in the section of the Seller Disclosure Statement entitled ENVIRONMENTAL”. Environmental” would be “yes,” Buyer acknowledges that it has, concurrently herewith, received from Seller may not waive the Form-17 Environmental receipt of the “Environmental” section of the Seller Disclosure Statement. By executing this Agreement, Buyer acknowledges that it has received the “Environmental” section of the Seller Disclosure Statement. Pursuant to Revised Code of Washington 64.06.010, Buyer hereby waives its right to receive the balance of the completed Seller Disclosure Statement. Xxxxx . (b) Buyer further agrees that any information discovered by Xxxxx Buyer concerning the Property shall not obligate Seller to prepare and deliver to Buyer a revised or updated Seller Disclosure Statementseller disclosure statement. Buyer hereby waives any right to receive an updated or revised Seller Disclosure Statement, regardless of the source of any new informationStatement based upon information learned or obtained by Buyer during its due diligence. Buyer further warrants that it is a sophisticated Buyer who is familiar with the ownership and development of real estate projects similar to the Property and Buyer has or will have adequate opportunity to complete such independent inspections of the Property as it deems necessary, and will acquire such the Property solely on the basis of and in reliance upon such examinations and not on any information provided in any Seller Disclosure Statement or otherwise provided or to be provided by Seller or by anyone acting or claiming to act by, through or under or on except for Seller’s behalf. XXXXX XXXXXX XXXXXXexpress representations and warranties set forth herein and in the Closing Documents. (c) BUYER HEREBY WAIVES, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE RIGHT TO RESCIND THIS CONTRACT AGREEMENT PURSUANT TO ANY PROVISION OF RCW 64.06, AS AMENDED BY CHAPTER 64, LAWS OF 2010. IT IS THE INTENT OF BUYER THAT ANY SELLER DISCLOSURE STATEMENT PROVIDED BY SELLER WILL NOT BE RELIED UPON BY BUYER, AND SHALL GIVE BUYER NO RIGHTS WITH RESPECT TO SELLER OR UNDER THIS CONTRACTAGREEMENT. THIS WAIVER OF THE RIGHT TO RESCIND APPLIES TO THE SELLER DISCLOSURE STATEMENT PROVIDED TO BUYER DURING BEFORE, ON OR AFTER THE DUE DILIGENCE PERIOD DATE OF THIS AGREEMENT AND APPLIES PROSPECTIVELY TO ANY UPDATED OR REVISED SELLER DISCLOSURE STATEMENTS, IF ANY, STATEMENTS THAT MAY BE PROVIDED BY SELLER TO BUYER. THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE CLOSING./s/ JRW Buyer’s Initials

Appears in 1 contract

Samples: Purchase and Sale Agreement (Industrial Property Trust Inc.)

Waiver of Right to Receive Seller Disclosure Statement and Waiver of Right to Rescind. PURSUANT TO The Land and Improvements constitutes “commercial real estate” as defined in RCW CH64.06. Purchaser waives the right to receive a seller disclosure statement (a “Seller Disclosure Statement”) if required by RCW 64.06. RCW 64.06 provides that Purchaser may waive its right to receive the Seller Disclosure Statement; provided, AS AMENDED BY CHAPTER 64however, LAWS OF 2010, BUYER HEREBY WAIVES ITS RIGHT TO RECEIVE THE SELLER DISCLOSURE STATEMENT REFERRED TO THEREIN. THIS WAIVER DOES NOT EXTEND TO THE SECTION OF THE DISCLOSURE STATEMENT ENTITLED if the answer to any of the questions in the section of the Seller Disclosure Statement entitled ENVIRONMENTAL”. Buyer acknowledges that it has, concurrently herewith, received from Seller Environmental” would be “yes,” Purchaser may not waive the Form-17 Environmental receipt of the “Environmental” section of the Seller Disclosure Statement. By executing this Agreement, Buyer Purchaser acknowledges that (i) Purchaser has received, approved and accepted the “Environmental” section of the Seller Disclosure Statement, a copy of which is attached to this Agreement as Schedule 4.2.5 and (ii) Purchaser waives its right to receive the balance any of the completed other sections of the Seller Disclosure Statement. Xxxxx Purchaser further agrees that any information discovered by Xxxxx Purchaser concerning the Property shall not obligate Seller to prepare and deliver to Buyer Purchaser a revised or updated Seller Disclosure Statement. Buyer Purchaser hereby waives any right to receive an any updated or revised Seller Disclosure Statement, regardless of the source of any new information. Buyer Purchaser further warrants that it is a sophisticated Buyer purchaser who is familiar with the ownership and development of real estate projects similar to the Property and Buyer Purchaser has or will have adequate opportunity to complete such independent inspections of the Property as it deems necessary, and will acquire such the Property solely on the basis of and in reliance upon such examinations and not on any information provided in any Seller Disclosure Statement or otherwise provided or to be provided by Seller or by anyone acting or claiming to act by, through or under or on Seller’s behalf(other than as expressly provided in this Agreement). XXXXX XXXXXX XXXXXXPURCHASER HEREBY WAIVES, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE RIGHT TO RESCIND THIS CONTRACT AGREEMENT PURSUANT TO ANY PROVISION OF RCW 64.06, AS AMENDED BY CHAPTER 64, LAWS OF 2010. IT IS THE INTENT OF BUYER PURCHASER AND SELLER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THAT ANY SELLER DISCLOSURE STATEMENT PROVIDED BY SELLER WILL NOT BE RELIED UPON BY BUYERPURCHASER, AND SHALL GIVE BUYER PURCHASER NO RIGHTS WITH RESPECT TO SELLER OR UNDER THIS CONTRACTAGREEMENT. THIS WAIVER OF THE RIGHT TO RESCIND APPLIES TO THE SELLER DISCLOSURE STATEMENT PROVIDED TO BUYER DURING ON OR BEFORE THE DUE DILIGENCE PERIOD EFFECTIVE DATE OF THIS AGREEMENT AND APPLIES PROSPECTIVELY TO ANY UPDATED OR REVISED SELLER DISCLOSURE STATEMENTS, IF ANY, STATEMENTS THAT MAY BE PROVIDED BY SELLER TO BUYERPURCHASER. THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE CLOSING./RB/ /ER/ PURCHASER’S INITIALS ARTICLE 5

Appears in 1 contract

Samples: Purchase and Sale Agreement

Waiver of Right to Receive Seller Disclosure Statement and Waiver of Right to Rescind. PURSUANT TO The Land and Improvements constitutes “commercial real estate” as defined in RCW CH64.06. Purchaser waives the right to receive a seller disclosure statement (a “Seller Disclosure Statement”) if required by RCW 64.06. RCW 64.06 provides that Purchaser may waive its right to receive the Seller Disclosure Statement; provided, AS AMENDED BY CHAPTER 64however, LAWS OF 2010, BUYER HEREBY WAIVES ITS RIGHT TO RECEIVE THE SELLER DISCLOSURE STATEMENT REFERRED TO THEREIN. THIS WAIVER DOES NOT EXTEND TO THE SECTION OF THE DISCLOSURE STATEMENT ENTITLED if the answer to any of the questions in the section of the Seller Disclosure Statement entitled ENVIRONMENTAL”. Buyer acknowledges that it has, concurrently herewith, received from Seller Environmental” would be “yes,” Purchaser may not waive the Form-17 Environmental receipt of the “Environmental” section of the Seller Disclosure Statement. By executing this Agreement, Buyer Purchaser acknowledges that (i) Purchaser has received, approved and accepted the “Environmental” section of the Seller Disclosure Statement, a copy of which is attached to this Agreement as Schedule 4.2.5 and (ii) Purchaser waives its right to receive the balance any of the completed other sections of the Seller Disclosure Statement. Xxxxx Purchaser further agrees that any information discovered by Xxxxx Purchaser concerning the Property shall not obligate Seller to prepare and deliver to Buyer Purchaser a revised or updated Seller Disclosure Statement. Buyer Purchaser hereby waives any right to receive an any updated or revised Seller Disclosure Statement, regardless of the source of any new information. Buyer Purchaser further warrants that it is a sophisticated Buyer purchaser who is familiar with the ownership and development of real estate projects similar to the Property and Buyer Purchaser has or will have adequate opportunity to complete such independent inspections of the Property as it deems necessary, and will acquire such the Property solely on the basis of and in reliance upon such examinations and not on any information provided in any Seller Disclosure Statement or otherwise provided or to be provided by Seller or by anyone acting or claiming to act by, through or under or on Seller’s behalf(other than as expressly provided in this Agreement). XXXXX XXXXXX XXXXXXPURCHASER HEREBY WAIVES, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE RIGHT TO RESCIND THIS CONTRACT AGREEMENT PURSUANT TO ANY PROVISION OF RCW 64.06, AS AMENDED BY CHAPTER 64, LAWS OF 2010. IT IS THE INTENT OF BUYER PURCHASER AND SELLER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THAT ANY SELLER DISCLOSURE STATEMENT PROVIDED BY SELLER WILL NOT BE RELIED UPON BY BUYERPURCHASER, AND SHALL GIVE BUYER PURCHASER NO RIGHTS WITH RESPECT TO SELLER OR UNDER THIS CONTRACTAGREEMENT. THIS WAIVER OF THE RIGHT TO RESCIND APPLIES TO THE SELLER DISCLOSURE STATEMENT PROVIDED TO BUYER DURING ON OR BEFORE THE DUE DILIGENCE PERIOD EFFECTIVE DATE OF THIS AGREEMENT AND APPLIES PROSPECTIVELY TO ANY UPDATED OR REVISED SELLER DISCLOSURE STATEMENTS, IF ANY, STATEMENTS THAT MAY BE PROVIDED BY SELLER TO BUYER. THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE CLOSINGPURCHASER.

Appears in 1 contract

Samples: Purchase and Sale Agreement (American Assets Trust, Inc.)

Waiver of Right to Receive Seller Disclosure Statement and Waiver of Right to Rescind. PURSUANT TO Seller may be required by RCW CH64.06 to provide Purchaser with a completed commercial real estate statutory seller disclosure statement (the “Seller Disclosure Statement”). Purchaser and Seller agree that to the extent permissible, Purchaser intends to waive any and all rights Purchaser may have with respect to both the right to receive a Seller Disclosure Statement and the right to rescind this Agreement based on such Seller Disclosure Statement. Notwithstanding such understanding, Purchaser and Seller wish to comply with RCW 64.06, AS AMENDED BY CHAPTER 64which provides that Purchaser may waive its right to receive the Seller Disclosure Statement; provided, LAWS OF 2010however, BUYER HEREBY WAIVES ITS RIGHT TO RECEIVE THE SELLER DISCLOSURE STATEMENT REFERRED TO THEREIN. THIS WAIVER DOES NOT EXTEND TO THE SECTION OF THE DISCLOSURE STATEMENT ENTITLED if the answer to any of the questions in the section of the Seller Disclosure Statement entitled ENVIRONMENTAL”. Buyer acknowledges that it has, concurrently herewith, received from Seller Environmental” would be “yes,” Purchaser may not waive the Form-17 Environmental receipt of the “Environmental” section of the Seller Disclosure Statement. By executing this Agreement, Buyer Purchaser acknowledges that (i) Purchaser has received, approved and accepted the “Environmental” section of the Seller Disclosure Statement, a copy of which is attached to this Agreement as Schedule 4.2.5 and (ii) Purchaser waives its right to receive the balance any of the completed other sections of the Seller Disclosure Statement. Xxxxx Purchaser further agrees that any information discovered by Xxxxx Purchaser concerning the Property shall not obligate Seller to prepare and deliver to Buyer Purchaser a revised or updated Seller Disclosure Statement. Buyer Purchaser hereby waives any right to receive an any updated or revised Seller Disclosure Statement, regardless of the source of any new information. Buyer Purchaser further warrants that it is a sophisticated Buyer purchaser who is familiar with the ownership and development of real estate projects similar to the Property and Buyer Purchaser has or will have adequate opportunity to complete such independent inspections of the Property as it deems necessary, and will acquire such the Property solely on the basis of and in reliance upon such examinations and not on any information provided in any Seller Disclosure Statement or otherwise provided or to be provided by Seller or by anyone acting or claiming to act by, through or under or on Seller’s behalf(other than as expressly provided in this Agreement). XXXXX XXXXXX XXXXXXPURCHASER HEREBY WAIVES, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE RIGHT TO RESCIND THIS CONTRACT AGREEMENT PURSUANT TO ANY PROVISION OF RCW 64.06, AS AMENDED BY CHAPTER 64, LAWS OF 2010. IT IS THE INTENT OF BUYER PURCHASER AND SELLER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THAT ANY SELLER DISCLOSURE STATEMENT PROVIDED BY SELLER WILL NOT BE RELIED UPON BY BUYERPURCHASER, AND SHALL GIVE BUYER PURCHASER NO RIGHTS WITH RESPECT TO SELLER OR UNDER THIS CONTRACTAGREEMENT. THIS WAIVER OF THE RIGHT TO RESCIND APPLIES TO THE SELLER DISCLOSURE STATEMENT PROVIDED TO BUYER DURING ON OR BEFORE THE DUE DILIGENCE PERIOD EFFECTIVE DATE OF THIS AGREEMENT AND APPLIES PROSPECTIVELY TO ANY UPDATED OR REVISED SELLER DISCLOSURE STATEMENTS, IF ANY, STATEMENTS THAT MAY BE PROVIDED BY SELLER TO BUYERPURCHASER. THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE CLOSING.________/s/ Authorized Signatory ____________ PURCHASER'S INITIALS

Appears in 1 contract

Samples: Purchase and Sale Agreement (KBS Strategic Opportunity REIT, Inc.)

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