Condition of the Property definition

Condition of the Property shall have the meaning assigned thereto in Section 7.5(b).

Condition of the Property means the following matters with respect to the Property:

Condition of the Property means with respect to each of the Hotels and the Hotel Assets the following:

Examples of Condition of the Property in a sentence

• Seller represents and warrants to Buyer that it has delivered, or shall deliver in accordance with Section 4.3.2, to Buyer true and complete copies of all reports, studies, analyses, tests or monitoring that constitute all documents possessed by Seller that pertain to (i) Hazardous Materials on, in, under or about the Property, (ii) the Environmental Condition of the Property or (iii) compliance of the Property with Environmental Laws.

• When determining whether to sell a particular asset, our adviser will take the following steps: ● Evaluate Condition of the Property.

• Within ten (10) days of execution of this Contract, Seller shall furnish to Buyer all written documentation pertaining to the "Condition of the Property", as hereafter defined, in Seller's possession INCLUDING, WITHOUT LIMITATION, those delineated below (the "Property Documents") excluding attorney-client communications involving legal advice or other attorney's work product.

• Schedule 4.2 Consents of Third Parties Schedule 4.5 Judgments Schedule 4.7 Seller’s Insurance Schedule 4.8 Litigation Schedule 4.14 Exceptions to Rent Roll Schedule 4.17 Condition of the Property Schedule 4.18 Independent Property Schedule 4.23 Exceptions to Seller Ownership Schedule 4.24 Title Encumbrances Schedule 4.27 Loans SCHEDULE 4.29 Broker’s or Finder’s Fees SCHEDULE 7.12 Required Consents None.

• Condition of the Property ........................................

More Definitions of Condition of the Property

Condition of the Property means with respect to each of the Facilities and the Facility Assets the following:

Condition of the Property. BUYER UNDERSTANDS AND AGREES THAT, EXCEPT AS SET FORTH IN THIS AGREEMENT, SELLER IS NOT MAKING AND SPECIFICALLY DISCLAIMS ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR CHARACTER, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROPERTY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR REPRESENTATIONS AS TO MATTERS OF TITLE (OTHER THAN THE WARRANTY OF TITLE SET FORTH IN THE DEED TO BE DELIVERED AT CLOSING), ZONING, TAX CONSEQUENCES, PHYSICAL OR ENVIRONMENTAL CONDITIONS, SOIL CONDITIONS, WETLANDS DESIGNATION, AVAILABILITY OF ACCESS, INGRESS OR EGRESS, OPERATING HISTORY OR PROJECTIONS, VALUATION, GOVERNMENTAL APPROVALS, GOVERNMENTAL REGULATIONS OR ANY OTHER MATTER OR THING RELATING TO OR AFFECTING THE PROPERTY, INCLUDING, WITHOUT LIMITATION THE VALUE, CONDITION, MERCHANTABILITY, MARKETABILITY, PROFITABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE OF THE PROPERTY, AND THE MANNER, QUALITY, STATE OF REPAIR OR LACK OF REPAIR OF THE PROPERTY. EXCEPT AS TO WRITTEN INFORMATION SUPPLIED BY SELLER PURSUANT TO THIS AGREEMENT OR AS OTHERWISE REPRESENTED OR WARRANTED BY SELLER IN THIS AGREEMENT, BUYER HAS NOT RELIED UPON AND WILL NOT RELY UPON, EITHER DIRECTLY OR INDIRECTLY, ANY REPRESENTATION OR WARRANTY OF SELLER OR ANY AGENT OF SELLER, AND IS RELYING SOLELY ON ITS OWN EXPERTISE AND THAT OF ITS CONSULTANTS IN PURCHASING THE PROPERTY. BUYER REPRESENTS THAT IT WILL CONDUCT SUCH INSPECTIONS AND INVESTIGATIONS OF THE PROPERTY AS BUYER DEEMS NECESSARY, INCLUDING BUT NOT LIMITED TO, THE PHYSICAL AND ENVIRONMENTAL CONDITIONS THEREOF, AND SHALL RELY UPON SAME. SELLER ACKNOWLEDGES AND AGREE THAT UPON CLOSING, SELLER SHALL SELL AND CONVEY TO BUYER AND BUYER SHALL ACCEPT THE PROPERTY "AS IS, WHERE IS," WITH ALL FAULTS EXCEPT AS OTHERWISE PROVIDED FOR IN THIS AGREEMENT. BUYER FURTHER ACKNOWLEDGES AND AGREES THAT THERE ARE NO ORAL AGREEMENTS, WARRANTIES OR REPRESENTATIONS, COLLATERAL TO OR AFFECTING THE PROPERTY BY SELLER, ANY AGENT OF SELLER OR ANY THIRD PARTY. THE TERMS AND CONDITIONS OF THIS PARAGRAPH EXPRESSLY SHALL SURVIVE THE CLOSING AND SHALL NOT MERGE WITH THE PROVISIONS OF ANY CLOSING DOCUMENTS. SELLER IS NOT LIABLE OR BOUND IN ANY MANNER BY ANY ORAL STATEMENTS, REPRESENTATIONS, OR INFORMATION PERTAINING TO THE PROPERTY FURNISHED BY ANY REAL ESTATE BROKER, AGENT, EMPLOYEE, SERVANT, CONSULTANT, OR OTHERWISE.

Condition of the Property means the title and physical condition thereof, including all environmental matters, the quantity, character, fitness and quality thereof, merchantability, fitness for particular purpose, the income, expenses or operation thereof, the value and profitability thereof, the uses which can be made thereof, title to the Property, the structural and mechanical condition of the Property, the buildings, structures and improvements situate thereon, the plumbing, heating, electric and ventilating systems (if any) serving the Property and any other matter or thing whatsoever with respect thereto. With the exception of Seller’s ISRA Obligations, Buyer further acknowledges and agrees that the Property is conveyed in its “as is” condition with respect to environmental matters, and Buyer hereby assumes the risk that adverse past, present or future conditions may not be revealed in its inspection or investigation.

Condition of the Property means and includes all current and former facts and circumstances about the Property, including, without limitation:

Condition of the Property shall have the meaning set forth in Section 15.

Condition of the Property shall have the meaning set forth in Section 17.

Condition of the Property shall have the meaning set forth in Article XV.