Common use of Condition of the Property Clause in Contracts

Condition of the Property. The Land described in Exhibit A is the same as the land described in the Title Policy and as shown on the plat included as part of the ALTA/ACSM Land Title Survey of 4▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ and 4▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, dated September, 1999, prepared by K▇▇▇ & W▇▇▇▇▇ Civil Engineers & Surveyors, Inc., Job No. 87041-9, certified to L▇▇ Research Corporation and others by J▇▇▇▇ ▇. ▇▇▇▇▇, LS 6256, on September 17, 1999 (the “Survey”), which survey was delivered to BNPPLC at the request of LRC. All material improvements on the Land as of the Effective Date are as shown on the Survey, and except as shown on the Survey there are no easements or encroachments encumbering or affecting the Property. No part of the Land is within a flood plain as designated by any governmental authority. The Improvements are in good condition, free from latent or patent defects or deficiencies that, either individually or in the aggregate, could materially and adversely affect the use or occupancy of the Property as permitted by the Lease or could reasonably be anticipated to cause injury or death to any person. The Property and use thereof permitted by the Lease comply in all material respects with all Applicable Laws, including laws regarding access and use by disabled persons and local zoning ordinances. Adequate provision has been made for the Property 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 Property for the uses permitted by the Lease have been completed and are serviceable. No extraordinary circumstances (including any use of the Land as a habitat for endangered species) exist that would materially and adversely affect such uses of the Property. The Improvements are useable for their intended purpose without the need to obtain any additional easements, rights-of-way or concessions from any third party or parties.

Condition of the Property. The Land described in Exhibit A is the same as the land described in the Title Policy and as shown on the plat included as part of the ALTA/ACSM Land Title Survey of 4▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ and 4▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, dated SeptemberMarch, 19992003, prepared by K▇▇▇ & W▇▇▇▇▇ Civil Engineers & Surveyors, Inc., Job No. 8704188353-922, certified to L▇▇ Research Corporation and others by J▇▇▇▇ ▇. ▇▇▇▇▇, LS 6256, on September 17March 20, 1999 2003 (the “Survey”), which survey was delivered to BNPPLC at the request of LRC. All material improvements on the Land as of the Effective Date are as shown on the Survey, and except as shown on the Survey there are no easements or encroachments encumbering or affecting the Property. No part of the Land is within a flood plain as designated by any governmental authority. The Improvements are in good condition, free from latent or patent defects or deficiencies that, either individually or in the aggregate, could materially and adversely affect the use or occupancy of the Property as permitted by the Lease or could reasonably be anticipated to cause injury or death to any person. The Property and use thereof permitted by the Lease comply in all material respects with all Applicable Laws, including laws regarding access and use by disabled persons and local zoning ordinances. Adequate provision has been made for the Property 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 Property for the uses permitted by the Lease have been completed and are serviceable. No extraordinary circumstances (including any use of the Land as a habitat for endangered species) exist that would materially and adversely affect such uses of the Property. The Improvements are useable for their intended purpose without the need to obtain any additional easements, rights-of-way or concessions from any third party or parties.

Condition of the Property. The Land described in Exhibit A is the same as the land described in the Title Policy and as shown on the plat included as part of the ALTA/ACSM Land Title Survey of 4▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ and 4▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, dated September, 1999, prepared by K▇▇▇ & W▇▇▇▇▇ ▇, Civil Engineers & Surveyors, Inc., dated October 3, 2007, Job No. 87041A03080-9, certified to L▇▇ Research Corporation and others by J▇▇▇▇ ▇. ▇▇▇▇▇, LS 6256, on September 17, 1999 1 (the “Survey”), which survey was delivered to BNPPLC at the request of LRCNAI. All material improvements on the Land as of the Effective Date are as shown on the Survey, and except as shown on the Survey there are no easements or encroachments encumbering or affecting the Property. No part of the Land is within a flood plain as designated by any governmental authority. The Improvements are in good condition, free from latent or patent defects or deficiencies that, either individually or in the aggregate, could materially and adversely affect the use or occupancy of the Property as permitted by the Lease or could reasonably be anticipated to cause injury or death to any person. The Property and use thereof permitted by the Lease comply in all material respects with all Applicable Laws, including laws regarding access and use by disabled persons and local zoning ordinances. Adequate provision has been made for the Property 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 Property for the uses permitted by the Lease have been completed and are serviceable. No extraordinary circumstances (including any use of the Land as a habitat for endangered species) exist that would materially and adversely affect such uses of the Property. The Improvements are useable for their intended purpose without the need to obtain any additional easements, rights-of-way or concessions from any third party or parties.

Condition of the Property. The Land described in Exhibit A is the same as the land described in the Title Policy and as shown as Parcel 6 on the plat included as part of the ALTA/ACSM Land Title Survey of 4▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ and 4▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, dated September, 1999, prepared by K▇▇▇ & W▇▇▇▇▇ ▇, Civil Engineers & Surveyors, Inc., dated September 17, 2007, Job No. 87041A00522-9, certified to L▇▇ Research Corporation and others by J▇▇▇▇ ▇. ▇▇▇▇▇, LS 6256, on September 17, 1999 13 (the “Survey”), which survey was delivered to BNPPLC at the request of LRC. All material improvements on the Land as of the Effective Date are as shown on the Survey, and except as shown on the Survey there are no easements or encroachments encumbering or affecting the Property. No part of the Land is within a flood plain as designated by any governmental authority. The Improvements are in good condition, free from latent or patent defects or deficiencies that, either individually or in the aggregate, could materially and adversely affect the use or occupancy of the Property as permitted by the Lease or could reasonably be anticipated to cause injury or death to any person. The When the construction contemplated by the Construction Agreement is complete in accordance with plans approved as described therein, the Property and use thereof permitted by the Lease will comply in all material respects with all Applicable Laws, including laws regarding access and use by disabled persons and local zoning ordinances. 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 Property 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 Property for the construction contemplated by the Construction Agreement or uses permitted by the Lease have been completed and are serviceable. No extraordinary circumstances (including any use of the Land as a habitat for endangered species) exist that would materially and adversely affect such construction or uses of the Property. The Improvements are Improvements, when constructed as contemplated in the Construction Agreement, will be useable for their intended purpose without the need to obtain any additional easements, rights-of-way or concessions from any third party or parties.

Condition of the Property. The Land described in Exhibit A is the same as the land described in the Title Policy and as shown on the plat included as part of the ALTA/ACSM Land Title Survey of 4▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ and 4▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, dated September, 1999, prepared by K▇▇▇ & W▇▇▇▇▇ ▇, Civil Engineers & Surveyors, Inc., dated October 8, 2007, Job No. 87041-9, certified to L▇▇ Research Corporation and others by J▇▇▇▇ ▇. ▇▇▇▇▇, LS 6256, on September 17, 1999 A07175 (the “Survey”), which survey was delivered to BNPPLC at the request of LRCNAI. All material improvements on the Land as of the Effective Date are as shown on the Survey, and except as shown on the Survey there are no easements or encroachments encumbering or affecting the Property. No part of the Land is within a flood plain as designated by any governmental authority. The Improvements are in good condition, free from latent or patent defects or deficiencies that, either individually or in the aggregate, could materially and adversely affect the use or occupancy of the Property as permitted by the Lease or could reasonably be anticipated to cause injury or death to any person. The Property and use thereof permitted by the Lease comply in all material respects with all Applicable Laws, including laws regarding access and use by disabled persons and local zoning ordinances. Adequate provision has been made for the Property 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 Property for the uses permitted by the Lease have been completed and are serviceable. No extraordinary circumstances (including any use of the Land as a habitat for endangered species) exist that would materially and adversely affect such uses of the Property. The Improvements are useable for their intended purpose without the need to obtain any additional easements, rights-of-way or concessions from any third party or parties.

Condition of the Property. The Land as described in Exhibit A is the same as the land described in the Title Policy and as shown on the plat included as part of the survey titled "ALTA/ACSM Land Title Survey of 4LAND TITLE SURVEY FOR NETWORK APPLIANCE, 1345 ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ and 4, 1347 ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, 1330 ▇, dated September, 1999, prepared by K▇▇▇ & W▇▇▇▇▇ Civil Engineers & Surveyors, Inc., Job No. 87041-9, certified to L▇▇ Research Corporation and others by J▇▇▇▇ ▇. ▇▇▇▇▇, LS 6256▇▇D 1350 ▇▇▇▇▇▇ ▇▇▇▇▇" ▇▇de by Kier & ▇rig▇▇, on ▇▇censed Land Surveyor, dated September 1720, 1999 (the “Survey”)2000, as Job No. 97208-16, which survey was delivered to BNPPLC BNPLC at the request of LRCNAI. All material improvements on the Land as of the Effective Date date hereof are as shown on the Surveythat survey, and except as shown on the Survey survey there are to the best of NAI's knowledge no easements or encroachments encumbering visible or affecting apparent from an inspection of the PropertyLand. No significant encroachment of building Improvements exist across the boundaries of the Land described in Exhibit A, and no significant building Improvements that presently exist (or that will be constructed by NAI as part of the Construction Project) on the Land is within a flood plain as designated may be disturbed by reason of the exercise of easement or other rights created by any governmental authority. The Improvements are in good condition, free from latent or patent defects or deficiencies that, either individually or in the aggregate, could materially and adversely affect the use or occupancy of the Property as permitted by the Lease or could reasonably be anticipated to cause injury or death to any person. The Property and use thereof permitted by the Lease comply in all material respects with all Applicable Laws, including laws regarding access and use by disabled persons and local zoning ordinancesPermitted Encumbrances. Adequate provision has been made for the Land and the Property 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 Property for the uses permitted Land and Improvements contemplated by the Improvements Lease and the Construction Management Agreement have been completed and are serviceableserviceable (or can and will be completed at a cost that is reasonable in connection with the construction contemplated in the Construction Management Agreement). No To the best of NAI's knowledge, no extraordinary circumstances (including any use of the Land as a habitat for endangered species) exist exists that would materially and adversely affect such uses the construction of Improvements contemplated by the Property. The Construction Management Agreement, the use of any Improvements are useable for their intended purpose without purposes or other reasonable future development of the need Land. NAI is not aware of any latent or patent material defects or deficiencies in the Property that, either individually or in the aggregate, could materially and adversely affect the use or occupancy of the Property or the construction or use of Improvements as permitted by the Improvements Lease and the Construction Management Agreement or could reasonably be anticipated to obtain endanger life or limb. No part of the Land is within a flood plain as designated by any additional easements, rights-of-way or concessions from any third party or partiesgovernmental authority.

Condition of the Property. The Land as described in Exhibit A is the same as the land described in the Title Policy and as shown on the plat included as part of the survey titled "ALTA/ACSM Land Title Survey of 4LAND TITLE SURVEY FOR NETWORK APPLIANCE, 1260 ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ and 4" made by Kier & ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇rig▇▇, dated September, 1999, prepared by K▇▇▇ & W▇▇▇▇▇ Civil Engineers & Surveyorscensed Land Surveyor, Inc.dated January 21, 2000, as Job No. 87041-9, certified to L▇▇ Research Corporation and others by J▇▇▇▇ ▇. ▇▇▇▇▇, LS 6256, on September 17, 1999 (the “Survey”)99274, which survey was delivered to BNPPLC BNPLC at the request of LRC. All material improvements on the Land as of the Effective Date are as shown on the SurveyNAI, and except as shown on the Survey survey there are to the best of NAI's knowledge no easements or encroachments encumbering visible or affecting apparent from an inspection of the PropertyLand. No significant encroachment of building Improvements exist across the boundaries of the Land described in Exhibit A, and no significant building Improvements that presently exist (or that will be constructed by NAI as part of the Construction Project) on the Land is within a flood plain as designated may be disturbed by reason of the exercise of easement or other rights created by any governmental authority. The Improvements are in good condition, free from latent or patent defects or deficiencies that, either individually or in the aggregate, could materially and adversely affect the use or occupancy of the Property as permitted by the Lease or could reasonably be anticipated to cause injury or death to any person. The Property and use thereof permitted by the Lease comply in all material respects with all Applicable Laws, including laws regarding access and use by disabled persons and local zoning ordinancesPermitted Encumbrances. Adequate provision has been made for the Land and the Property 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 Property for the uses permitted Land and Improvements contemplated by the Improvements Lease and the Construction Management Agreement have been completed and are serviceableserviceable (or can and will be completed at a cost that is reasonable in connection with the construction contemplated in the Construction Management Agreement). No To the best of NAI's knowledge, no extraordinary circumstances (including any use of the Land as a habitat for endangered species) exist exists that would materially and adversely affect the construction of Improvements contemplated by the Construction Management Agreement, the use of such uses of the Property. The Improvements are useable for their intended purpose without purposes or other reasonable future development of the need Land. NAI is not aware of any latent or patent material defects or deficiencies in the Property that, either individually or in the aggregate, could materially and adversely affect the use or occupancy of the Property or the construction or use of Improvements as permitted by the Improvements Lease and the Construction Management Agreement or could reasonably be anticipated to obtain endanger life or limb. No part of the Land is within a flood plain as designated by any additional easements, rights-of-way or concessions from any third party or partiesgovernmental authority.

Condition of the Property. The Land described in Exhibit A is the same as the land described in the Title Policy and as shown as Parcel 7 on the plat included as part of the ALTA/ACSM Land Title Survey of 4▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ and 4▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, dated September, 1999, prepared by K▇▇▇ & W▇▇▇▇▇ ▇, Civil Engineers & Surveyors, Inc., dated September 17, 2007, Job No. 87041A00522-9, certified to L▇▇ Research Corporation and others by J▇▇▇▇ ▇. ▇▇▇▇▇, LS 6256, on September 17, 1999 13 (the “Survey”), which survey was delivered to BNPPLC at the request of LRC. All material improvements on the Land as of the Effective Date are as shown on the Survey, and except as shown on the Survey there are no easements or encroachments encumbering or affecting the Property. No part of the Land is within a flood plain as designated by any governmental authority. The Improvements are in good condition, free from latent or patent defects or deficiencies that, either individually or in the aggregate, could materially and adversely affect the use or occupancy of the Property as permitted by the Lease or could reasonably be anticipated to cause injury or death to any person. The When the construction contemplated by the Construction Agreement is complete in accordance with plans approved as described therein, the Property and use thereof permitted by the Lease will comply in all material respects with all Applicable Laws, including laws regarding access and use by disabled persons and local zoning ordinances. 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 Property 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 Property for the construction contemplated by the Construction Agreement or uses permitted by the Lease have been completed and are serviceable. No extraordinary circumstances (including any use of the Land as a habitat for endangered species) exist that would materially and adversely affect such construction or uses of the Property. The Improvements are Improvements, when constructed as contemplated in the Construction Agreement, will be useable for their intended purpose without the need to obtain any additional easements, rights-of-way or concessions from any third party or parties.

Condition of the Property. The Land as described in Exhibit A is the same as the land described in the Title Policy and as shown on the plat included as part of the survey titled "ALTA/ACSM Land Title Survey of 4LAND TITLE SURVEY FOR NETWORK APPLIANCE, 1345 ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ and 4, 1347 ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, 1330 ▇, dated September, 1999, prepared by K▇▇▇ & W▇▇▇▇▇ Civil Engineers & Surveyors, Inc., Job No. 87041-9, certified to L▇▇ Research Corporation and others by J▇▇▇▇ ▇. ▇▇▇▇▇, LS 6256▇▇D 1350 ▇▇▇▇▇▇ ▇▇▇▇▇" ▇▇de by Kier & ▇rig▇▇, on September 17▇▇censed Land Surveyor, 1999 (the “Survey”)dated December 2, 1999, as Job No. 97208-16, which survey was delivered to BNPPLC BNPLC at the request of LRC. All material improvements on the Land as of the Effective Date are as shown on the SurveyNAI, and except as shown on the Survey survey there are to the best of NAI's knowledge no easements or encroachments encumbering visible or affecting apparent from an inspection of the PropertyLand. No part significant encroachment of building Improvements exist across the boundaries of the Land is within a flood plain as designated described in Exhibit A, and no significant building Improvements that presently exist on the Land may be disturbed by reason of the exercise of easement or other rights created by any governmental authority. The Improvements are in good condition, free from latent or patent defects or deficiencies that, either individually or in the aggregate, could materially and adversely affect the use or occupancy of the Property as permitted by the Lease or could reasonably be anticipated to cause injury or death to any person. The Property and use thereof permitted by the Lease comply in all material respects with all Applicable Laws, including laws regarding access and use by disabled persons and local zoning ordinancesPermitted Encumbrances. Adequate provision has been made for the Land and the Property 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 Property for the uses permitted Land and Improvements contemplated by the Improvements Lease have been completed and are serviceable. No To the best of NAI's knowledge, no extraordinary circumstances (including any use of the Land as a habitat for endangered species) exist exists that would materially and adversely affect such uses the use of the Property. The any Improvements are useable for their intended purpose without purposes or other reasonable future development of the need Land. NAI is not aware of any latent or patent material defects or deficiencies in the Property that, either individually or in the aggregate, could materially and adversely affect the use or occupancy of the Property or the construction or use of Improvements as permitted by the Improvements Lease or could reasonably be anticipated to obtain endanger life or limb. No part of the Land is within a flood plain as designated by any additional easements, rights-of-way or concessions from any third party or partiesgovernmental authority.