Condition of the Land Clause Samples
The "Condition of the Land" clause defines the state and quality of the property at the time of sale or lease. It typically outlines whether the land is being transferred "as is" or if the seller or landlord must make certain repairs or disclosures about defects, such as contamination, structural issues, or zoning compliance. This clause ensures that both parties are aware of the land's current condition, thereby allocating risk and preventing disputes over unexpected problems after the transaction.
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Condition of the Land. (a) For the purpose of assisting the Corporation to make the confirmation referred to in clause 4.2(a), as soon as practicable and within 4 months of the date of this Agreement, the State will provide site condition information to the Corporation:
(i) in relation to all of the land identified in Schedule 6;
(ii) on a confidential and without-prejudice basis;
(iii) which contains all information ordinarily required in a statement issued under s 32 of the Sale of Land Act 1962 (Vic); and
(iv) which discloses previous uses of the land known to the State.
(b) The Corporation will undertake all reasonable due diligence steps (including reviewing the information provided by the State pursuant to clause 4.5(a)) to satisfy itself with regards to the condition of the land identified in Schedule 6 for the purpose of making the confirmation referred to in clause 4.2(a).
(c) The Corporation may request site condition information in addition to that provided by the State pursuant to clause 4.2(a). The State will consider any such request and respond as soon as possible confirming that the requested information is or is not available and, if available, when it may be provided.
(d) From the date that a proposed grant of land referred to in clause 4.2 is made, the Corporation releases and discharges the State from and against all claims, suits, demands and actions of every description whatsoever and whenever occurring which the Corporation has, may have or which may accrue in the future or which, but for this Agreement, the Corporation would or might have against the State as a result of the previous use of the land and from and against all claims for costs and expenses in respect of such claims, suits, demands and actions.
(e) From the date that a proposed grant of land referred to in clause 4.2 is made, the Corporation indemnifies and holds harmless the State against all loss, damage, liability, claims, suits, demands, financial penalties and actions of every description whatsoever and whenever occurring resulting or arising from the previous use of the land and from and against all claims for costs and expenses in respect of such loss, damage, liability, claims, suits, demands and actions.
(f) The State warrants that any information provided pursuant to clause 4.5(a) is accurate to the best of its knowledge.
Condition of the Land. 11.1 The Seller gives no warranties as to the present state of repair of any of the Improvements or condition of the Land, except as required by law.
11.2 The Buyer acknowledges that the Seller makes no warranty or representation as to the environmental condition or state of the soil, ground water, contamination or the existence or non-existence of any Substance on or affecting the Land.
11.3 The Buyer understands and accepts that the existence of regrading, fill, contamination or a soil classification of or upon the Land may result in work for the construction of any building on the Land being more extensive and expensive than it may have been in the absence of such regrading, fill, contamination or soil classification.
Condition of the Land. 2.6.1 “As-Is” Conveyance. Developer acknowledges and agrees that Developer is acquiring the Land in its “AS IS” condition, WITH ALL FAULTS, IF ANY, WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, except as provided in Section 8.2(ii) and as otherwise expressly provided in this Agreement.
Condition of the Land. Tract 1 of the Land as described in Exhibit is the same as the 107.816 acre tract shown on the plat prepared by ▇▇▇▇▇ ▇. ▇▇▇▇▇▇, PLS # 17930, of Land Design Surveying, Inc. dated 3/23/01, which plat was delivered to BNPPLC at the request of Ross. All material improvements on the Land as of the date hereof are as shown on that survey, and except as shown on that survey there are no easements or encroachments visible or apparent from an inspection of the Land. Adequate provision has been made (or can be made at a cost that is reasonable in connection with future development of the Land) for the Land to be served by electric, gas, storm and sanitary sewers, sanitary water supply, telephone and other utilities required for the use thereof. All streets, alleys and easements necessary to serve the Land and Improvements contemplated by the Lease and the Construction Management Agreement have been completed and are serviceable (or can be completed at a cost that is reasonable in connection with future development of the Land). No extraordinary circumstances (including any use of the Land as a habitat for endangered species) exists that would materially and adversely affect the future development of the Land, other than the need to mitigate the disturbance of wetlands on the Land as described below in this subparagraph. Further, Ross is not aware of any latent or patent material defects or deficiencies in the Land that, either individually or in the aggregate, could materially and adversely affect the use or occupancy of the Land or the construction of Improvements as permitted by the Lease and Construction Management Agreement or could reasonably be anticipated to endanger life or limb. No part of the Land is within a flood plain as designated by any governmental authority. Ross represents and warrants to BNPPLC that the disturbance of wetlands on the Land required to accomodate the construction contemplated in the Construction Managment Agreement will be lawful, subject to the conditions set forth in the Department of Army Permit issued to Seller (Permit No: 2001-1A-003) (the "404 Permit") or to such alternative conditions that may hereafter be established under permits or other written arrangments obtained or made by Ross and approved by the Army Corp of Engineers (as the case may be, the "404 Permit Conditions"). Ross further represents and warrants that it has thoroughly investigated the cost of satisfying the 404 Permit Conditions (the "Wetland Mitigation Cos...
Condition of the Land. The Tenant acknowledges that the lease of the Land is on an “as is” basis and the Tenant has satisfied itself as to the condition of the Land and its suitability for the use intended. The Tenant acknowledges that it has inspected the Land and conducted an independent investigation of current and past uses of the Land and the Tenant has not relied on any representations by the Landlord concerning any condition of the Land, environmental or otherwise. The Landlord makes no representations or warranties whatsoever regarding the fitness of the Land for any particular use or regarding the presence or absence upon or under the Land or any surrounding or neighbouring lands of leakage or likely leakage or emission of environmental contaminants from or onto the Land or of any dangerous or potentially dangerous substance or condition.
Condition of the Land. (a) The Corporation acknowledges that it received the information specified in Schedule 10 from the State regarding the condition of the land granted under this clause, in the context of a confidential and without-prejudice mediation, for the purpose of making an informed decision in seeking or accepting the land to which the information relates.
(b) The Corporation warrants that it has undertaken all reasonable due diligence steps to be satisfied with the condition of the land referred to in clause 3.1 for the purpose of the proposed grants
(c) From the date that a proposed grant of land referred to in clause 3.1 is made, the Corporation releases and discharges the State from and against all claims, suits, demands and actions of every description whatsoever and whenever occurring which the Corporation has, may have or which may accrue in the future or which, but for this Agreement, the Corporation would or might have against the State as a result of the previous use of the land and from and against all claims for costs and expenses in respect of such claims, suits, demands and actions.
(d) From the date that a proposed grant of land referred to in clause 3.1 is made, the Corporation indemnifies and holds harmless the State against all loss, damage, liability, claims, suits, demands, financial penalties and actions of every description whatsoever and whenever occurring resulting or arising from the previous use of the land and from and against all claims for costs and expenses in respect of such loss, damage, liability, claims, suits, demands and actions.
Condition of the Land. (a) The Developer releases the PTC and its officers or agents and indemnifies them against any claims, costs, losses, damages, expenses, judgements, suits, awards and liabilities whatever arising out of or in respect of:- (i) any Contamination or Pollution caused or contributed by the Developer or its servants, agents, employees or contractors or any work performed by or for the Developer on the Land which results in the release or disturbance of Contamination or Pollution; and (ii) complying with any notice, order or requirement issued after the Commencement Date by or of any Authority requiring any Contaminant or Pollutant in, on or under or which has emanated from the Land after the Commencement Date to be cleaned up, contained, removed, diluted or dealt with in any manner whatsoever. (b) The Developer may at its option take over and conduct, at its cost, in the name of any party to whom indemnity has been given the defence of any claim brought by any person against the Developer, the PTC or any other person or their servants, agents, employees or contractors and arising out of or relating to the indemnity provided in SUB-CLAUSE 7.10(A) and the PTC will use all reasonable endeavours to ensure that it and any other person affected by this clause fully co-operates in that defence.
Condition of the Land. 10.1 The Seller gives no warranties as to the present state of repair of any of the Improvements or condition of the Land, except as required by law.
10.2 The Buyer acknowledges that the Seller makes no warranty or representation as to the existence of regrading, fill, contamination, groundwater, any environmental condition, Substance or a soil classification upon, of or under the Land.
10.3 The Buyer understands and accepts that the existence of regrading, fill, contamination, groundwater, any environmental condition, Substance or a soil classification upon, of or under the Land may result in any work or activities on the Land being more extensive and/or expensive than it may have been in the absence of such regrading, fill, contamination, groundwater, any environmental condition, Substance or soil classification.
Condition of the Land. (a) This Section 2.03 only applies to Landlord and Tenant for purposes of defining their obligations pursuant to this Lease and does not apply to any third-party claims. In addition, this Section 2.03 will not be operative and will not apply and will not affect the Landlord, Tenant or other parties in interpreting and enforcing the Asset Purchase Agreement or any other agreement. In addition, to the extent any other provision of this Lease conflicts with this Section 2.03, such other provision will prevail, and this Section 2.03 shall be subject to all other terms of this Lease. TENANT ACKNOWLEDGES THAT PRIOR TO THE DATE HEREOF, TENANT HAS THOROUGHLY INSPECTED ALL ELEMENTS COMPRISING THE LAND, AND ALL FACTORS RELATED TO ITS USE, INCLUDING, WITHOUT LIMITATION, UTILITY CONNECTIONS, PHYSICAL AND FUNCTIONAL ASPECTS OF THE LAND, THE CONDITION OF THE LAND, AND MUNICIPAL AND LEGAL REQUIREMENTS SUCH AS TAXES, ASSESSMENTS AND BONDS, ZONING, USE PERMITS, BUSINESS PERMITS AND SIMILAR ENTITLEMENTS. TENANT HEREBY RELEASES AND FOREVER DISCHARGES LANDLORD FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITY OR OBLIGATIONS ARISING OUT OF OR IN ANY WAY RELATED TO ALL OF SUCH ITEMS, WHICH RELEASE AND DISCHARGE FROM LIABILITY SHALL SURVIVE THE COMMENCEMENT AND TERMINATION OF THIS LEASE.
(b) IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT LANDLORD MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTIES OF ANY KIND, NATURE OR SORT, EXPRESS OR IMPLIED, WITH RESPECT TO THE PHYSICAL OR ECONOMIC CONDITION OR VALUE OF THE LAND, THE CONDITION OF TITLE TO THE LAND EXCEPT AS EXPRESSLY SET FORTH HEREIN, OR THE EFFECT OF THIS LEASE OF THE LAND. LANDLORD LEASES THE LAND TO TENANT, "AS IS AND WITH ALL FAULTS," AND TENANT ACKNOWLEDGES THAT LANDLORD MAKES NO REPRESENTATIONS, GUARANTIES OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, AS TO THE QUALITY, CHARACTER, PERFORMANCE, CONDITIONS OR SUITABILITY OF THE LAND FOR ANY PURPOSE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR GUARANTY OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE. TENANT LEASES THE LAND SOLELY IN RELIANCE ON TENANT'S OWN INSPECTION AND EXAMINATION OF THE LAND. TENANT ACKNOWLEDGES THAT SOME DEFECTS MAY BECOME APPARENT ONLY AFTER THE COMMENCEMENT DATE, AND HEREBY RELEASES AND HOLDS LANDLORD HARMLESS FROM BLAME AND ALL LIABILITY FOR SUCH "LATENT DEFECTS." FURTHERMORE, TENANT ACKNOWLEDGES THAT LANDLORD HAS NOT AND DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES IN CONNECTION WITH THE PRESENCE OF SO-CALLED "HAZARDOUS MATERIALS," "HAZARDOUS SU...
Condition of the Land. When the Lease terminates, the Lessee must if required to do so by the Lessor:
(a) remove some or all of the improvements from the Land and all property from the Land, fill in level off and consolidate all excavations or damage caused thereby and clear and remove all rubbish litter and debris from and clean up the Land and where all improvements are required to be removed leave the Land in a clean, tidy, level and vacant condition and free from stumps and footings and noxious weeds; and
(b) disconnect all Services to the Land; and before delivering up possession of the Land to the Lessor as aforesaid.