Defects etc Sample Clauses

Defects etc. Relevant Part
Defects etc. (a) Sublessor and Sublessor’s agents and employees shall not be liable to Sublessee for any injury to person or damage to property caused by the Subleased Premises becoming out of repair, or by defect of failure of any structural element of the Subleased Premises or of any equipment, pipes or wiring, or broken glass installed by Sublessee in the Subleased Premises, or by the backing up of drains constructed by Sublessee, or by gas, water, steam, electricity or oil leaking, escaping or flowing from equipment, pipes or wiring installed by Sublessee into the Subleased Premises, nor shall Sublessor be liable to Sublessee for any loss or damage that may be occasioned by or through the acts or omissions of other Sublessees of the store or of any other persons whomsoever, excepting only duly authorized employees and agents of Sublessor. (b) Sublessee and its agent and employees shall not be liable to Sublessor for any injury to person or damage to property caused by the Subleased Premises or other portions of the Store becoming out of repair or by defect or failure of any structural element of the Subleased Premises or of any equipment, pipes or wiring, or broken glass, or by the backing up of drains, or by gas, water, steam, electricity or oil leaking, escaping or flowing out of the Subleased Premises, nor shall Sublessee be liable to Sublessor for any losses or damage that may be occasioned by or through the acts or omissions of other Sublessees of the Store or of any other persons whomsoever, excepting only duly authorized employees and agents of Sublessee.
Defects etc. Upon any defect or want of repair for which the Landlord is responsible pursuant to Clause 4.1 hereof coming to the notice of the Tenant forthwith to give written notice thereof to the Landlord
Defects etc. The Standby Purchaser shall execute such documents ------------- and instruments as required to promptly cure any defects in the creation, execution and delivery of any of the Project Documents to which it is a party and all such other documents, agreements (including, without limitation, account control agreements) and instruments to comply with or accomplish the covenants and agreements of the Issuer or the Owner in the Project Documents or to further evidence or more fully describe the Standby Purchaser Trust Estate or to correct any omissions in the Project Documents, or to state more fully the security obligations set out herein or in any of the other Project Documents, or to perfect, protect or preserve any Liens created pursuant hereto or any of the other Project Documents, or to make any recordings or obtain any consents as may be necessary or appropriate in connection therewith. Further, the Standby Purchaser will promptly execute and deliver or cause to be executed or delivered all further instruments and documents and take all further action that may be necessary or desirable or that the Trustee may request in order to (i) perfect and protect the Liens and other rights created or purported to be created hereby and by the other Project Documents and the first priority of such Liens and other rights;

Related to Defects etc

  • Defects If either party become aware of 5.4.1 any possible, actual or potential defect, containment, fault or other condition in Milk supplied under this Agreement; 5.4.2 any matter that may impact upon compliance with any health standard, public policy or code; 5.4.3 any matter which may affect compliance with any law or regulatory health standard; that party must, as soon as possible, advise the other party of the particulars of any such issue. The parties must cooperate, to the fullest extent possible, to diminish any risk to the public arising from a defect in Milk.

  • Environmental Conditions A Phase I environmental site assessment (or update of a previous Phase I and or Phase II environmental site assessment) and, with respect to certain Mortgage Loans, a Phase II environmental site assessment (collectively, an “ESA”) meeting ASTM requirements conducted by a reputable environmental consultant in connection with such Mortgage Loan within 12 months prior to its origination date (or an update of a previous ESA was prepared), and such ESA (i) did not identify the existence of recognized environmental conditions (as such term is defined in ASTM E1527-13 or its successor, hereinafter “Environmental Condition”) at the related Mortgaged Property or the need for further investigation, or (ii) if the existence of an Environmental Condition or need for further investigation was indicated in any such ESA, then at least one of the following statements is true: (A) an amount reasonably estimated by a reputable environmental consultant to be sufficient to cover the estimated cost to cure any material noncompliance with applicable Environmental Laws or the Environmental Condition has been escrowed by the related Mortgagor and is held or controlled by the related Mortgagee; (B) if the only Environmental Condition relates to the presence of asbestos-containing materials, radon in indoor air, lead based paint or lead in drinking water, the only recommended action in the ESA is the institution of such a plan, an operations or maintenance plan has been required to be instituted by the related Mortgagor that can reasonably be expected to mitigate the identified risk; (C) the Environmental Condition identified in the related environmental report was remediated or abated in all material respects prior to the date hereof, and, if and as appropriate, a no further action or closure letter was obtained from the applicable governmental regulatory authority (or the environmental issue affecting the related Mortgaged Property was otherwise listed by such governmental authority as “closed” or a reputable environmental consultant has concluded that no further action is required); (D) an environmental policy or a lender’s pollution legal liability insurance policy that covers liability for the identified circumstance or condition was obtained from an insurer rated no less than “A-” (or the equivalent) by ▇▇▇▇▇’▇ Investors Service, Inc., S&P Global Ratings, acting through Standard & Poor’s Financial Services LLC, Fitch Ratings, Inc. and/or A.M. Best Company; (E) a party not related to the Mortgagor was identified as the responsible party for such condition or circumstance and such responsible party has financial resources reasonably estimated to be adequate to address the situation; or (F) a party related to the Mortgagor having financial resources reasonably estimated to be adequate to address the situation is required to take action. To the Mortgage Loan Seller’s knowledge, except as set forth in the ESA, there is no Environmental Condition (as such term is defined in ASTM E1527-13 or its successor) at the related Mortgaged Property.