Examples of Existing Line Property in a sentence
If Developer determines for any reason or for no reason in its sole discretion that the Existing Line Property is not suitable for Developer's purposes, then, prior to Developer’s delivery of the Notice to Proceed under the Agreement, Developer may elect to terminate this Agreement as provided for herein.
Developer acknowledges that as of the Closing Date, Company shall have afforded Developer a full opportunity to conduct such investigations as Developer deemed necessary to satisfy itself as to the condition of the Existing Line Property, and will rely solely upon same and not upon any express or implied warranties, guaranties, statements, representations or information provided to Developer by or on behalf of Company or its agents or employees with respect thereto.
Developer represents that it is a knowledgeable, experienced and sophisticated purchaser of real estate and that it is relying solely on its own expertise and that of its attorneys and consultants in purchasing the Existing Line Property.
Developer acknowledges and agrees that upon Closing, Company shall convey to Developer and Developer shall accept the Existing Line Property “AS IS, WHERE IS, WITH ALL FAULTS OF WHATEVER NATURE, WHETHER KNOWN OR UNKNOWN, SUBJECT ONLY TO THE PERMITTED EXCEPTIONS”.
Exhibit A Scope of Company Work Exhibit B Preliminary Milestone Schedule Exhibit C Scope of Developer Work Exhibit D Insurance Requirements Exhibit E Preliminary Project Description Exhibit F Existing Line Property Description; General Terms, Provisions and Conditions of Conveyance Schedule I Real Property Standards Schedule II Environmental Due Diligence Procedure The Company Work shall consist of the Project Plan Work and the Implementation Work as described below.
Developer shall conduct such inspections and investigations of the Existing Line Property as Developer deems necessary, including the physical and environmental conditions thereof, and shall rely exclusively upon same.
Company shall not be liable to Developer with respect to any Hazardous Substances which may be on the Existing Line Property, Company disclaims any liability to the fullest extent provided by applicable law, and Developer releases Company from any and all such liability to the fullest extent provided by applicable law.
Anything in this Agreement to the contrary notwithstanding, Company shall have no obligation to convey the Existing Line Property unless and until Company has obtained all such required releases from the lien of Company’s first mortgage indenture, and Company shall have no liability for failure to convey the Existing Line Property due to an inability to obtain any such required release, provided that Company shall have used good faith efforts to obtain such release.
Following Company’s determination of the Existing Line Property Purchase Amount, Company shall provide written notice thereof to Developer (the “Purchase Amount Notice”).
Company shall not be required to incur any expense, take any action or commence any proceeding to remove any matter concerning title, or cure any encumbrance, lien or exception to title (except for the lien of its first mortgage indenture, as provided for herein, and any other encumbrance created by Company following the Effective Date), or otherwise to render Company’s title to the Existing Line Property marketable or insurable.