Common use of The Real Property Clause in Contracts

The Real Property. (a) Baylor has not received written notice of either a violation of any applicable ordinance or other law, order, regulation or requirement, or any condemnation, lien, assessment or the like, relating to any part of the Baylor Real Property or the operation thereof and, to the best knowledge of Baylor, there is not presently contemplated or proposed any condemnation or similar action or zoning action or proceeding with respect to any Baylor Real Property or the operation thereof; (b) To the best knowledge of Baylor, the Baylor Real Property and its operation are in compliance with all applicable zoning ordinances (including without limitation parking requirements) and building codes, and the consummation of the transactions contemplated herein will not result in the termination of any current zoning variance; (c) The Baylor Real Property and all buildings, improvements and fixtures thereon or therein, and all parts thereof and appurtenances thereto, including without limitation the plumbing, electrical, mechanical, heating, ventilation and air conditioning systems, are in good operating condition and in a reasonable state of maintenance and repair, except for normal wear and tear; (d) To the best knowledge of Baylor, no person or entity other than Baylor and its Affiliates has any option or right of first refusal to purchase, lease or rent any Baylor Real Property; (e) None of the Baylor Real Property is located in a state or federally designated flood hazard area; and (f) The Baylor Centers have adequate parking available to satisfy their respective current needs.

The Real Property. (ai) Baylor Neither HealthFirst nor any Seller, Former Owner, Principal or Partnership has not received written notice of either a violation of any applicable ordinance or other law, order, regulation or requirement, or any condemnation, lien, assessment or the like, relating to any part of the Baylor Real Property or the operation thereof and, to the best knowledge of Baylorthe Principals, there is not presently contemplated or proposed any condemnation or similar action or zoning action or proceeding with respect to any Baylor Real Property or the operation thereof; (bii) To the best knowledge of Baylorthe Principals, the Baylor Real Property and its operation are in compliance with all applicable zoning ordinances (including without limitation parking requirements) and building codes, and the consummation of the transactions contemplated herein will not result in the termination of any current zoning variance; (ciii) The Baylor Real Property and all buildings, improvements and fixtures thereon or therein, and all parts thereof and appurtenances thereto, including without limitation the plumbing, electrical, mechanical, heating, ventilation and air conditioning systems, are in good operating condition and in a reasonable state of maintenance and repair, except for normal wear and tear; (div) To the best knowledge of Baylorthe Principals, no person or entity other than Baylor and its Affiliates a Partnership has any option or right of first refusal to purchase, lease or rent any Baylor Real Property;. (ev) None of the Baylor Real Property is located in a state or federally designated flood hazard area; and; (fvi) The Baylor Centers have Each Surgery Center has adequate parking available to satisfy their respective its current needs; and (vii) With respect to the Real Property that is owned by any Partnership, such Partnership has and has provided Buyer with true and complete copies of title insurance policies, surveys, environmental reports and studies, engineering reports and plans and specifications relating to the improvements on such Real Property, including all of the same that are in the possession of or available to any of the parties hereto.