Condition of the Lands Clause Samples

The "Condition of the Lands" clause defines the state or quality of the property at the time of the agreement, specifying what the buyer or lessee can expect regarding the land's physical and legal condition. This clause typically outlines whether the land is being transferred "as is" or if the seller must make certain repairs, disclosures, or representations about environmental hazards, zoning compliance, or the presence of structures. Its core practical function is to allocate responsibility for the land's condition, ensuring both parties are clear about expectations and reducing the risk of disputes over defects or required improvements after the transaction.
Condition of the Lands. Subject to Sections 11.7, 11.8, and 13.2(e), and subject to the Contractor’s obligations under this Agreement to carry out the Project, the Contractor shall maintain the Lands in good and proper order and repair throughout the duration of this Agreement, and shall: (a) subject to (e) below, be responsible for repairing all damage to the Lands, however caused, excepting only damage caused by a Force Majeure Event or caused directly by the Province or its agents or contractors (except the Contractor but including, without limitation, those contractors other than the Contractor engaged by the Province under Sections 7.3, 7.4 or 11.8) or others for whom the Province is legally responsible or caused directly by any person exercising rights under an Identified Encumbrance, a grant contemplated by the third paragraph of Section 4.1, Future Utilities (as defined in Section 4.8), or a consent contemplated by the last sentence of Section 4.14; (b) dispose of garbage from the Lands, in accordance with the requirements more particularly set out in the Technical Requirements; (c) not stockpile any material on the Lands except during the Construction Period or during and for the purpose of doing major rehabilitation or otherwise carrying out construction, maintenance or repair activities under this Agreement; (d) not commit or permit by the Contractor’s agents or subcontractors or those for whom the Contractor is legally responsible, any waste or nuisance on the Lands; and (e) promptly deal with any Environmental Damage or Degradation to the Lands as required by applicable laws, with the exception only of: (i) Environmental Damage or Degradation (including, without limitation, the presence of any Hazardous Substance) pre-existing as of the date of Execution of this Agreement; and (ii) Environmental Damage or Degradation (including, without limitation, the presence of any Hazardous Substance) caused after the date of Execution of this Agreement by the Province or its agents or contractors (except the Contractor) or others for whom the Province is legally responsible; which excepted Environmental Damage or Degradation shall be remediated by the Province in such manner and upon such timetable as the Province may determine, provided however that the Province shall ensure that neither the remediation nor any failure or delay by the Province to carry out the remediation interferes with or disrupts or delays the carrying out by the Contractor of the Project or the O&M, as the ...
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Condition of the Lands. ‌ Subject to Sections 11.7, 11.8, and 13.2(e), and subject to the Contractor’s obligations under this Agreement to carry out the Project, the Contractor shall maintain the Lands in good and proper order and repair throughout the duration of this Agreement, and shall: (a) subject to (e) below, be responsible for repairing all damage to the Lands, however caused, excepting only damage caused by a Force Majeure Event or damage to the extent caused directly by the Province or its agents or contractors (except the Contractor but including, without limitation, those contractors other than the Contractor engaged by the Province under Sections 7.3, 7.4 or 11.8) or those for whom the Province is legally responsible or caused by any person exercising rights under an Identified Encumbrance, a grant contemplated by the third paragraph of Section 4.1, Future Utilities (as defined in Section 4.8), or a consent contemplated by the last sentence of Section 4.14. Notwithstanding the foregoing in this Section 4.9(a), during the Construction Period the Province will bear the risk of damage to bridge structures, including without limitation sign bridge structures, on the Lands which exist as of the Execution of this Agreement and related to Highway 8/Glenmore Trail between ▇▇▇▇ Creek Boulevard and east of ▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇/▇▇▇▇▇▇ Trail between 69 Street SW and east of ▇▇▇▇▇▇▇ Trail S, and on 37 Street from ▇▇▇ ▇▇▇▇▇▇ ▇▇ to ▇▇▇▇▇▇▇▇ Road, caused by: (i) any person other than the Contractor, its agents or subcontractors or others for whom the Contractor is legally responsible; and (ii) any other incident or discrete event; (collectively, “In-Service Roadway Damage Events”). Upon the occurrence of an In-Service Roadway Damage Event, the Province is obligated to repair the damage, and to that end the Province shall direct the Contractor to repair the damage, and the Contractor shall repair the damage and invoice the Province the amount to which the Contractor would be entitled if the work were a Change Order Directive governed by Schedule 1 (Change Orders); (b) dispose of garbage from the Lands, in accordance with the requirements more particularly set out in the Technical Requirements; (c) not stockpile any material on the Lands (applicable to the Priority New Infrastructure) except during the PNI Construction Period and on the Lands (applicable to the Remaining New Infrastructure) except during the Construction Period or during and for the purpose of doing major rehabilita...
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Condition of the Lands. 8.1 As is where is
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Condition of the Lands. Subject to the terms and conditions of this Agreement, particularly GC 9.1.1 of the CCDC, and subject to the Design-Builder’s obligations under this Agreement to carry out the Project, the Design-Builder shall maintain the Lands in good and proper order and repair throughout the duration of this Agreement, and shall: (a) be responsible for repairing all damage to the Lands (including infrastructure in or under the Lands), arising as a result of the Design-Builder’s operations under the Contract, excepting only damage caused by acts or omissions of the City or its employees, agents or contractors (except the Design-Builder); (b) dispose of garbage from the Lands; (c) not stockpile any material on the Lands except during the Construction Period; (d) not commit or permit by the Design-Builder’s agents or subcontractors or those for whom the Design-Builder is legally responsible, any waste or nuisance on the Lands; and (e) promptly deal with any Environmental Damage or Degradation to the Lands as required by applicable laws (which dealing with may require excavation and removal or may permit implementation of a risk management plan depending upon the applicable laws) in accordance with GC 9.2 of the CCDC. Compensation and extensions of Contract Time for any and all Work requited to address Environmental Damage or Degradation to the Lands will be determined based on and under GC 9.2.
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Condition of the Lands. The TENANT accepts the PREMISES in an "as is" condition without any obligation on the part of the LANDLORD to make the PREMISES suitable for the BUSINESS except as otherwise noted in section 4.03 of this LEASE.
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Condition of the Lands. 9.1 Lake ▇▇▇▇▇▇ Nation agrees that the Lands are transferred and accepted under this Agreement on an “as is” basis. 9.2 Before the Closing of each parcel of Lands, Lake ▇▇▇▇▇▇ Nation will satisfy itself as to: (a) the physical access to the Lands (b) the improvements on the Lands and their condition, including utilities or other systems that serve the Lands; (c) the condition of the Lands, including the Environmental Condition; (d) the current and past uses of the Lands and any surrounding or neighbouring lands; (e) the economic feasibility of the development of the Lands; (f) the zoning and the bylaws of any government authority that relate to the development, use, and occupation of the Lands at Closing; (g) the application of federal or provincial enactments or laws to the Lands; and (h) the fitness or suitability of the Lands for any particular use, including the intended use of Lake ▇▇▇▇▇▇ Nation or the Designated Entity. 9.3 Before the Closing of each parcel of Lands, the Province will make reasonable efforts to provide the information in its possession regarding the documented Environmental Condition of the Lands to Lake ▇▇▇▇▇▇ Nation. 9.4 The Province makes no representation or warranty regarding: (a) any aspect of the condition of the Lands; (b) any other matter listed at section 9.2 [condition of lands due diligence]; or (c) the accuracy, relevance, reliability, or completeness of information provided under section 9.3 and Lake ▇▇▇▇▇▇ Nation acknowledges and agrees that the Province has no liability for errors, omissions, or inaccuracies with respect to this information. 9.5 Lake ▇▇▇▇▇▇ Nation waives, to the extent permitted by law, any requirement for the Province to provide to Lake ▇▇▇▇▇▇ Nation a "site disclosure statement" under the Environmental Management Act, SCB 2003, c 53 regarding the Lands.
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Related to Condition of the Lands

  • Condition of the Leased Property Lessee acknowledges receipt and delivery of possession of the Leased Property. Lessee has examined and otherwise has knowledge of the condition of the Leased Property and has found the same to be satisfactory for its purposes hereunder. Lessee is leasing the Leased Property “as is” in its present condition. Lessee waives any claim or action against Lessor in respect of the condition of the Leased Property. LESSOR MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, IN RESPECT OF THE LEASED PROPERTY, OR ANY PART THEREOF, EITHER AS TO ITS FITNESS FOR USE, DESIGN OR CONDITION FOR ANY PARTICULAR USE OR PURPOSE OR OTHERWISE, AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP THEREIN, LATENT OR PATENT, IT BEING AGREED THAT ALL SUCH RISKS ARE TO BE BORNE BY LESSEE. LESSEE ACKNOWLEDGES THAT THE LEASED PROPERTY HAS BEEN INSPECTED BY LESSEE AND IS SATISFACTORY TO IT. Provided, however, to the extent permitted by law, Lessor hereby assigns to Lessee all of Lessor’s rights to proceed against any predecessor in title (other than any Affiliate of Lessee, which conveyed the Property to Lessor) for breaches of warranties or representations or for latent defects in the Leased Property. Lessor shall fully cooperate with Lessee in the prosecution of any such claim, in Lessor’s or Lessee’s name, all at Lessee’s sole cost and expense. Lessee hereby agrees to indemnify, defend and hold harmless Lessor from and against any claims, obligations and liabilities against or incurred by Lessor in connection with such cooperation.

  • Condition of the Premises Tenant has examined the Premises, including the appliances and fixtures (☐ and furnishings), and acknowledges that they are in good condition and repair, normal wear and tear excepted, and accepts them in its current condition, except for:

  • Condition of the Property All bidders shall be deemed to have carried out all investigations and examinations of the Property and the title particulars at their own costs and expenses and upon being successful, accept the property in the state and condition in which the Property is at the date of the auction sale.

  • Construction of the Improvements (a) Prior to ▇▇▇▇▇▇’s execution of the construction contract (the “Contract”) with a general contractor to be selected by ▇▇▇▇▇▇ and approved by Landlord (“Contractor”), Tenant shall submit the Contract to Landlord for its approval, which approval shall not be unreasonably withheld, conditioned or delayed. Landlord shall advise Tenant as soon as reasonably practical, and in all events, within ten (10) business days after ▇▇▇▇▇▇▇▇’s receipt of the Contract if the same is unsatisfactory or incomplete in any respect in ▇▇▇▇▇▇▇▇’s commercially reasonable discretion. If Tenant is so advised, Tenant shall promptly revise the Contract in accordance with such review and any such disapproval of Landlord in connection therewith. Prior to the commencement of the construction of the Improvements, and after Tenant has accepted all bids for the Improvements, Tenant shall provide Landlord with a detailed breakdown, by trade, of the final costs to be incurred or which have been incurred in connection with the design and construction of the Improvements to be performed by or at the direction of Contractor, Tenant or the Construction Manager, which costs form a basis for the amount of the Contract and any other architectural, engineering, design, construction or procurement contracts entered into by or on behalf of Tenant for the design, construction or fit-out of any portion of the Improvements (the “Final Costs”). Prior to the commencement of construction of the Improvements, Tenant shall supply Landlord with cash, an irrevocable letter of credit, or such other financial assurance that is satisfactory to the Landlord in an amount (the “Over- Allowance Amount”) equal to the difference between the amount of the Final Costs and the amount of the Tenant Improvement Allowance. The Over-Allowance Amount shall be disbursed by Landlord prior to the disbursement of any of the then remaining portion of the Tenant Improvement Allowance, and such disbursement shall be pursuant to the same procedure as the Tenant Improvement Allowance. In the event that, after the Final Costs have been delivered by Tenant to Landlord, the costs relating to the design and construction of the Improvements shall change, unless, even with such change, the Final Costs are less than the amount of the Tenant Improvement Allowance, any additional costs necessary to such design and construction in excess of the Final Costs, shall be paid by Tenant to Landlord immediately as an addition to the Over-Allowance Amount or at Landlord’s option, Tenant shall make payments for such additional costs out of its own funds, but Tenant shall continue to provide Landlord with the documents described in Section 3.3 below, for Landlord’s approval, prior to Tenant paying such costs. If the total actual costs relating to the design and construction of the Improvements shall be less than the sum of the Tenant Improvement Allowance and the Over-Allowance Amount, and if the Tenant delivered the Over-Allowance Amount in cash, then the Landlord shall reimburse the Tenant for the amount of such difference, but not more than the Over-Allowance Amount. Notwithstanding anything set forth in this Section 3 to the contrary, construction of the Improvements shall not commence until (a) Landlord has approved the Contract, (b) Tenant has procured and delivered to Landlord a copy of all Permits and Approvals, (c) Tenant has delivered to Landlord the Over-Allowance Amount, and (d) MLB PDL shall have provided written confirmation that the Improvements as shown on the Approved Working Drawings would cause the Ballpark to be in compliance with the PDL Facility Standards; provided that the Ballpark’s compliance with the PDL Facility Standards shall only be confirmed after an official audit has been completed of the Ballpark and the Improvements. (b) The parties agree that, for the purpose of achieving cost savings, except for structural alterations to the Ballpark, Tenant may seek bids for and procure the Improvements listed on Exhibit D directly rather than under the Contract through the Contractor and involving the Architect. (c) ▇▇▇▇▇▇’s Construction Manager, Contractor, and all subcontractors, laborers, materialmen, and suppliers used by Tenant (such subcontractors, laborers, materialmen, and suppliers, and the Contractor and Construction Manager to be known collectively as “Tenant’s Agents”) shall construct the Improvements in strict accordance with the Approved Working Drawings. Tenant shall exercise commercially reasonable efforts to cause the Improvements to be completed prior to the 2026 Baseball Season. The Improvements shall comply in all respects with the following: (i) all applicable building codes, and other state, federal, city or quasi-governmental laws, codes, ordinances and regulations, as each may apply according to the rulings of the controlling public official, agent or other person; (ii) applicable standards of the American Insurance Association (formerly, the National Board of Fire Underwriters) and the National Electrical Code; and

  • Condition of the Business (a) Notwithstanding anything contained in this Agreement to the contrary, Purchaser acknowledges and agrees that Seller is not making any representations or warranties whatsoever, express or implied, beyond those expressly given by Seller in Article V hereof (as modified by the Seller Schedules as supplemented or amended), and Purchaser acknowledges and agrees that, except for the representations and warranties contained therein, the Purchased Assets and the Business are being transferred on a “where is” and, as to condition, “as is” basis. Any claims Purchaser may have for breach of representation or warranty shall be based solely on the representations and warranties of Seller set forth in Article V hereof (as modified by the Seller Schedules as supplemented or amended). Purchaser further represents that neither Seller nor any of its Affiliates nor any other Person has made any representation or warranty, express or implied, regarding Seller, the Purchased Assets, the Business or the transactions contemplated by this Agreement or as to the accuracy or completeness of any information not expressly set forth in this Agreement and neither Purchaser nor any of its Affiliates has relied on any such express or implied representation or warranty. Purchaser further agrees that none of Seller, any of its Affiliates or any other Person will have or be subject to any liability to Purchaser or any other Person resulting from the distribution to Purchaser or its representatives or Purchaser’s use of, any such information, including any confidential memoranda distributed on behalf of Seller relating to the Business or other publications or data room information provided to Purchaser or its representatives, or any other document or information in any form provided to Purchaser or its representatives in connection with the sale of the Business and the transactions contemplated hereby. Purchaser acknowledges that it has conducted to its satisfaction, its own independent investigation of the Business and, in making the determination to proceed with the transactions contemplated by this Agreement, Purchaser has relied on the results of its own independent investigation.