Acknowledgement from the Purchaser. The Purchaser acknowledges that the Vendor is selling and the Purchaser is purchasing the Real Property on an “as is, where is” and “without recourse” basis as the Real Property shall exist on the Closing Date, including, without limitation, whatever defects, conditions, impediments, Hazardous Materials, deficiencies, work orders, or zoning or building code violations or orders exist on the Closing Date, whether patent or latent. The Purchaser further acknowledges and agrees that it has entered into this Agreement on the basis that neither the Vendor, nor KSV or the Monitor in its corporate or personal capacity, nor ▇▇▇▇▇▇▇ ▇▇▇▇▇ & ▇▇▇▇▇▇▇▇▇ LLP in its capacity as counsel to the Monitor or any other capacity, nor Chaitons LLP in its capacity as Lender Representative Counsel or any other capacity, has provided any representations, warranties, advice or guarantees in connection with this transaction, the Vendor, the Real Property or the Leases, including but not limited to with respect to title to or marketability, use or quality of the Real Property, whether any defects, conditions, impediments, Hazardous Materials, deficiencies, work orders, or zoning or building code violations or orders exist in respect of the Real Property, and the existence and terms of any tenants or occupants at the Real Property, and that the Purchaser has conducted such due diligence or inspections of the condition and title to the Real Property as it deems appropriate and has satisfied itself with regard to these matters. No representation, warranty or condition is expressed or can be implied as to title, description, fitness for purpose, environmental compliance, merchantability, condition or quality, or in respect of any other matter or thing whatsoever concerning the Real Property, or the right of the Vendor to use, lease, sell, assign, convey or transfer same, save and except as expressly provided in this Agreement. The description of the Real Property contained in this Agreement is for the purpose of identification only and no representation, warranty or condition has or will be given by the Vendor, KSV, the Monitor, ▇▇▇▇▇▇▇ ▇▇▇▇▇ & ▇▇▇▇▇▇▇▇▇ LLP or Chaitons LLP concerning the accuracy of such description.
Appears in 5 contracts
Sources: Purchase and Sale Agreement, Purchase and Sale Agreement, Purchase and Sale Agreement