STATE AND CONDITION OF THE PROPERTY Clause Samples

STATE AND CONDITION OF THE PROPERTY. 20.1 The parties agree that all risks associated directly or indirectly with the Property or the state and condition of the Property pass to the Buyer on the date of this contract. 20.2 The Buyer acknowledges that it has inspected the Property, has had the opportunity (and the Seller's permission) to undertake its own investigations and surveys into the state and condition of the Property (both above and below ground) and has satisfied itself as to the state and condition of the Property and has formed its own view as to the suitability of the Property for the Buyer's purposes. 20.3 The parties agree that the Seller shall not, under any circumstances, be liable for: 20.3.1 the state and condition of the Property, nor 20.3.2 any loss or damage or injury of any kind whatsoever arising from: (a) the state and condition of the Property, or (b) any defect in the Property, or (c) the presence of any substances or materials in, on or under the Property or the escape from the Property at any time of any substances or materials after the date of actual completion but the Seller shall remain liable for the escape or release from the Property of any such substances or materials before the date of actual completion which were caused, contributed to or exacerbated by the Seller and/or persons authorised by the Seller. 20.4 The parties agree that all warranties, conditions and stipulations whatsoever on the part of the Seller as to the state and condition of the Property are excluded and the Buyer accepts full responsibility for its state and condition.
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STATE AND CONDITION OF THE PROPERTY. The sale and purchase of the Property shall be further subject to the following conditions:- (a) the Purchaser(s) shall be deemed to have taken notice of the actual state and condition of the said property; and (b) the Vendor(s) hereby covenant(s) with the Purchaser(s) that the said property shall substantially be in and of the same condition state nature and character at the date of delivery as it is at the date of this Agreement.
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STATE AND CONDITION OF THE PROPERTY. 5.1 The Property is sold as part of the diaspora Village Project with all the services that will come with the project which include and not limited to access roads, borehole water, security gate and a management company for the continues improvement of the area. 5.2 The Vendor shall upon successful completion of subdivision, at the Purchaser’s request point out the survey beacons delimiting the property. 5.3 The Property is a controlled development advertised “Diaspora Village” the vendor agrees to the development terms of only building approved structures. 5.4 The Vendor agrees to join the Diaspora Village Management company for the purpose of maintenance of the common services within the estate.
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STATE AND CONDITION OF THE PROPERTY. 13.1 The Seller will construct and complete the Property in a proper neat and workmanlike manner in accordance with 13.1.1 any current planning permission and building regulations approval granted in respect of the Property 13.1.2 the requirements of the New Home Warranty Provider 13.1.3 with due diligence and in a good and workmanlike manner 13.1.4 using only good quality materials and well-maintained plant and equipment; 13.1.5 in accordance with all statutory or other legal requirements and the recommendations or requirements of the local authority or statutory undertakings 13.1.6 in compliance with all relevant British Standards, codes of practices and good building practice and 13.1.7 by selecting and using materials so as to avoid known hazards to the health and safety of any person
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STATE AND CONDITION OF THE PROPERTY. 26.1 The parties agree that all risks associated directly or indirectly with the Registered Property and the Unregistered Land or the state and condition of the Registered Property and the Unregistered Land pass to the Buyer on the date of this contract. 26.2 The Buyer acknowledges that it has inspected the Registered Property and the Unregistered Land, has had the opportunity (and the Seller’s permission) to undertake its own investigations and surveys into the state and condition of the Registered Property and the Unregistered Land (both above and below ground) and has satisfied itself as to the state and condition of the Registered Property and the Unregistered Land and has formed its own view as to the suitability of the Registered Property and the Unregistered Land for the Buyer’s purposes. 26.3 The parties agree that the Seller shall not, under any circumstances, be liable for: 26.3.1 the state and condition of the Registered Property or the Unregistered Land, nor 26.3.2 any loss or damage or injury of any kind whatsoever arising from: (a) the state and condition of the Registered Property or the Unregistered Land, or (b) any defect in the Registered Property or the Unregistered Land, or (c) the presence of any substances or materials in, on or under the Registered Property or the Unregistered Land or the escape from the Registered Property or the Unregistered Land at any time of any substances or materials. 26.4 The parties agree that all warranties, conditions and stipulations whatsoever on the part of the Seller as to the state and condition of the Registered Property and the Unregistered Land are excluded and the Buyer accepts full responsibility for its state and condition. 26.5 The Buyer acknowledges that it will be solely responsible for carrying out and bearing the costs of any remediation or clean-up works and related investigations required by or agreed with any regulatory authority or required under any law and resulting from any contamination or pollution at, in, on, under or from the Registered Property or the Unregistered Land and agrees that it will at all times indemnify the Seller against any proceedings costs, claims, demands and expenses resulting from any such contamination.
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Related to STATE AND CONDITION OF THE PROPERTY

  • 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.

  • 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.

  • DESCRIPTION OF THE PROPERTY 13.1 The Property as referred to in the Proclamation of Sale shall be deemed to have been correctly and sufficiently described. 13.2 All intended bidders including the Purchaser shall be deemed to have sought independent legal advice, made necessary enquiries, searches and inspection of the Property and is satisfied with the identity, description, state and condition of the Property. 13.3 In the event of any error, misstatement, omission and/or misdescription of any kind relating to the Property in the Proclamation of Sale or any other documents, such error, misstatement, omission and/or misdescription shall not in any manner annul the sale, nor shall there be any adjustment of the Purchase Price nor shall compensation be allowed nor shall the Bank be open to any liability of any form. 13.4 If the land or floor area of the property is found to exceed that as described and additional payment is imposed for the excess area by the Developer and/or relevant authorities, then such additional payment shall be solely and absolutely borne and paid by the Purchaser 13.5 If the land or floor area of the property is found to be less that as described, any claim for the reduced area shall be undertaken solely by the Purchaser against the Developer and/or such party and neither the Assignee/ Bank , the Assignee/ Bank’s solicitors nor the Auctioneer shall in any way responsible or liable for such claim. The auction sale herein shall not be annulled and there shall not be any adjustment of the Purchase Price as a result of such shortfall in the area of the Property.

  • Operation of the Property Between June 1, 1998 and the Closing Date, Seller shall (a) lease, operate, manage and enter into contracts with respect to the Property, in the same manner done by Seller prior to the date hereof (provided, however, that without the prior consent of Purchaser, which as to (i) and (ii) shall not be unreasonably delayed, conditioned or withheld, (i) Seller shall not enter into any Service Contract that cannot be terminated with thirty (30) days notice or materially modify any existing Service Contracts to be assumed by Purchaser at Closing, and (ii) after June 1, 1998, Seller shall not materially modify or terminate any existing Tenant Lease or grant any material consents under any existing Tenant Lease (except as otherwise required pursuant to the terms and conditions of such Tenant Lease), or enter into any new Tenant Lease, and (iii) Seller shall not apply any then unapplied Deposits (as reflected on the Rent Roll delivered by Seller to Purchaser pursuant to Schedule 5.3(vii) hereof) under Tenant Leases); and (b) advise Purchaser of the commencement of any litigation, condemnation or other judicial or administrative proceedings affecting the Property of which Seller has current actual knowledge. Notwithstanding anything to the contrary set forth in this Contract, Purchaser acknowledges that after June 1, 1998 and prior to Closing, Seller will enter into contracts for the completion of Tenant improvements under Tenant Leases entered into after June 1, 1998 pursuant to the terms of Section 12.1 hereof (collectively, the "Tenant Finish Contracts"). Purchaser and Seller agree that at Closing, Purchaser shall assume the obligations of Seller under all such Tenant Finish Contracts including, without limitation, the obligations to pay any costs and expenses charged with respect to construction of improvements in the space subject to such Tenant Leases. At Closing, Purchaser shall execute and deliver to the Seller an Assignment, Assumption and Indemnity Agreement in the form attached hereto as Exhibit H and made a part hereof for all purposes.

  • 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: