Common use of The Real Property Clause in Contracts

The Real Property. (a) USP 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 real property used by DeSoto and/or Metroplex (collectively, the "HealthFirst Real Property") or the operation thereof and, to the best knowledge of USP, there is not presently contemplated or proposed any condemnation or similar action or zoning action or proceeding with respect to any HealthFirst Real Property or the operation thereof; (b) To the best knowledge of USP, the HealthFirst 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 HealthFirst 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 USP, no person or entity other than DeSoto or Metroplex has any option or right of first refusal to purchase, lease or rent any HealthFirst Real Property; (e) None of the HealthFirst Real Property is located in a state or federally designated flood hazard area; and (f) The Surgery Centers owned by DeSoto and Metroplex have adequate parking available to satisfy their respective current needs.