Condition of the Property definition

Condition of the Property means the following matters:

Condition of the Property means the title and physical condition thereof, including all environmental matters, the quantity, character, fitness and quality thereof, merchantability, fitness for particular purpose, the income, expenses or operation thereof, the value and profitability thereof, the uses which can be made thereof, title to the Property, the structural and mechanical condition of the Property, the buildings, structures and improvements situate thereon, the plumbing, heating, electric and ventilating systems (if any) serving the Property and any other matter or thing whatsoever with respect thereto. With the exception of Seller’s ISRA Obligations, Buyer further acknowledges and agrees that the Property is conveyed in its “as is” condition with respect to environmental matters, and Buyer hereby assumes the risk that adverse past, present or future conditions may not be revealed in its inspection or investigation.

Condition of the Property shall have the meaning set forth in Section 17.

Condition of the Property shall have the meaning set forth in Section 15.

Condition of the Property shall have the meaning set forth in Article XV.

Condition of the Property. BUYER UNDERSTANDS AND AGREES THAT, EXCEPT AS SET FORTH IN THIS AGREEMENT, SELLER IS NOT MAKING AND SPECIFICALLY DISCLAIMS ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR CHARACTER, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROPERTY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR REPRESENTATIONS AS TO MATTERS OF TITLE (OTHER THAN THE WARRANTY OF TITLE SET FORTH IN THE DEED TO BE DELIVERED AT CLOSING), ZONING, TAX CONSEQUENCES, PHYSICAL OR ENVIRONMENTAL CONDITIONS, SOIL CONDITIONS, WETLANDS DESIGNATION, AVAILABILITY OF ACCESS, INGRESS OR EGRESS, OPERATING HISTORY OR PROJECTIONS, VALUATION, GOVERNMENTAL APPROVALS, GOVERNMENTAL REGULATIONS OR ANY OTHER MATTER OR THING RELATING TO OR AFFECTING THE PROPERTY, INCLUDING, WITHOUT LIMITATION THE VALUE, CONDITION, MERCHANTABILITY, MARKETABILITY, PROFITABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE OF THE PROPERTY, AND THE MANNER, QUALITY, STATE OF REPAIR OR LACK OF REPAIR OF THE PROPERTY. EXCEPT AS TO WRITTEN INFORMATION SUPPLIED BY SELLER PURSUANT TO THIS AGREEMENT OR AS OTHERWISE REPRESENTED OR WARRANTED BY SELLER IN THIS AGREEMENT, BUYER HAS NOT RELIED UPON AND WILL NOT RELY UPON, EITHER DIRECTLY OR INDIRECTLY, ANY REPRESENTATION OR WARRANTY OF SELLER OR ANY AGENT OF SELLER, AND IS RELYING SOLELY ON ITS OWN EXPERTISE AND THAT OF ITS CONSULTANTS IN PURCHASING THE PROPERTY. BUYER REPRESENTS THAT IT WILL CONDUCT SUCH INSPECTIONS AND INVESTIGATIONS OF THE PROPERTY AS BUYER DEEMS NECESSARY, INCLUDING BUT NOT LIMITED TO, THE PHYSICAL AND ENVIRONMENTAL CONDITIONS THEREOF, AND SHALL RELY UPON SAME. SELLER ACKNOWLEDGES AND AGREE THAT UPON CLOSING, SELLER SHALL SELL AND CONVEY TO BUYER AND BUYER SHALL ACCEPT THE PROPERTY "AS IS, WHERE IS," WITH ALL FAULTS EXCEPT AS OTHERWISE PROVIDED FOR IN THIS AGREEMENT. BUYER FURTHER ACKNOWLEDGES AND AGREES THAT THERE ARE NO ORAL AGREEMENTS, WARRANTIES OR REPRESENTATIONS, COLLATERAL TO OR AFFECTING THE PROPERTY BY SELLER, ANY AGENT OF SELLER OR ANY THIRD PARTY. THE TERMS AND CONDITIONS OF THIS PARAGRAPH EXPRESSLY SHALL SURVIVE THE CLOSING AND SHALL NOT MERGE WITH THE PROVISIONS OF ANY CLOSING DOCUMENTS. SELLER IS NOT LIABLE OR BOUND IN ANY MANNER BY ANY ORAL STATEMENTS, REPRESENTATIONS, OR INFORMATION PERTAINING TO THE PROPERTY FURNISHED BY ANY REAL ESTATE BROKER, AGENT, EMPLOYEE, SERVANT, CONSULTANT, OR OTHERWISE.

Condition of the Property means with respect to each of the Facilities and the Facility Assets the following:

Condition of the Property means and includes all current and former facts and circumstances about the Property, including, without limitation: (i) the quality, nature, and adequacy of the physical condition of the Property, including, without limitation, the quality of the design, labor, and materials used to construct the Improvements; the condition of structural elements, foundations, roofs, glass, mechanical, plumbing, electrical, HVAC, sewage, and utility components and systems; the capacity or availability of sewer, water, or other utilities; the geology, flora, fauna, soils, subsurface conditions, groundwater, landscaping, and irrigation of or with respect to the Land; the location of the Property in or near any special taxing district, flood hazard zone, wetlands area, protected habitat, geological fault or subsidence zone, hazardous waste disposal or clean-up site, or other special area, the existence, location, or condition of ingress, egress, access, and parking; the condition of the Personalty and any fixtures; and the presence of any asbestos or other hazardous, dangerous, or toxic substance, material, or waste; (ii) the development potential, economic feasibility, cash flow, and expenses of the Property; the habitability, merchantability, fitness, suitability, and adequacy of the Property for any particular use or purpose; (iii) the compliance or non-compliance of Seller or any other person or entity or the Property or the operation of the Property or any part thereof in accordance with, and the contents of (a) all codes, laws, ordinances, regulations, agreements, licenses, permits, approvals, and applications of or with any governmental authorities asserting jurisdiction over the Property, including, without limitation, those relating to zoning, building, public works, parking, fire and police access, handicap access, life safety, subdivision and subdivision sales, and hazardous, dangerous, and toxic substances, materials, conditions, or waste; and (b) all agreements, covenants, conditions, restrictions (public or private), condominium plans, development agreements, site plans, building permits, building rules, and other instruments and documents governing the use, management, and operation of the Property; (iv) those referred to in, or discoverable from, any of the Property Documents delivered to Buyer. (v) the availability, cost, terms, and coverage of liability, hazard, comprehensive, and any other insurance of or with respect to the Property; (vi) the condition of...

Condition of the Property means with respect to each of the Hotels and the Hotel Assets the following: (i) the quality and adequacy of the physical condition of the Real Property and Personal Property, or any part thereof, including, without limitation, (1) nature or quality of the construction, design or engineering of the Improvements, and the labor and materials used to construct the Improvements; (2) the condition of structural elements, foundations, roofs, glass, mechanical, plumbing, electrical, HVAC, sewage, and utility components and systems of the Improvements; (3) the capacity of sewer, water or other utilities with respect to the Improvements; (4) the geology, topography, flora, fauna, soils, drainage, subsurface conditions, groundwater, landscaping and irrigation of or with respect to any of the Real Property; (5) the location of the Hotel or any part thereof in or near any special taxing district, flood hazard zone, wetlands area, protected habitat, geological fault or subsidence zone, hazardous waste disposal or clean-up site, (6) the existence, location or condition of ingress, egress, access to and from the Real Property, and any parking thereon; and (7) the presence of any asbestos or other Hazardous Materials, dangerous or toxic substance, material or waste in, on, under or about the Real Property or any part thereof; (ii) the development potential, economic feasibility, cash flow and expenses of the Hotel, the Hotel Assets, the Business or any part thereof; (iii) the habitability, merchantability, fitness, suitability and adequacy of the Hotel or the Hotel Assets, or any part thereof for any particular use or purpose; (iv) the compliance or non-compliance of Sellers, Manager or any other person or entity or the operation of the Hotels, the Hotel Assets or any part thereof in accordance with Legal Requirements; (v) the condition of the Real Property or the condition of title to the Real Property or any part thereof, including, without limitation, matters relating to zoning, building, public works, parking, fire and police access, handicap access, life safety, subdivision and subdivision sales, and Hazardous Materials, dangerous and toxic substances, materials, conditions or waste, including, without limitation, the presence of Hazardous Materials in, on, under or about any portion of the Purchased Assets that would cause state or federal agencies to order a clean up of any portion of the Purchased Assets under any Environmental Laws; and all agreements, covenants,...