Acceptance and Waiver. Landlord shall not be liable to Tenant, its agents, employees, guests or invitees (and, if Tenant is an entity, its officers, agents, employees, guests or invitees) for any damage caused to any of them due to the Building or any part or appurtenances thereof being improperly constructed or being or becoming out of repair, or arising from the leaking of gas, water, sewer or steam pipes, from water rising from underground pipes or the ground, or from electricity, but Tenant, by moving into the Premises and taking possession thereof, shall accept, and shall be held to have accepted the Premises as suitable for the purposes for which the same are leased, and shall accept and shall be held to have accepted the Building and every appurtenances thereof, and Tenant by said act waives any and all defects therein; provided, however, that this Section shall not apply to any damages or injury caused by or resulting from the negligence or willful misconduct of Landlord.
Acceptance and Waiver. 4 16. Signs.......................................................... 4 17. Advertising.................................................... 5 18.
Acceptance and Waiver. Landlord shall not be liable to Tenant, its agents, employees, guests or invitees (and, if Tenant is an entity, its officers, agents, employees, guests or invitees) for any damage caused to any of them due to the Building or any part or appurtenances thereof being improperly constructed or being or becoming out of repair, or arising from the leaking of gas, water, sewer or steam pipes, from water rising from underground pipes or the ground, or from electricity, but Tenant, by moving into the Premises and taking possession thereof, shall accept, and shall be held to have accepted the Premises as suitable for the purposes for which the same are leased, and shall accept and shall be held to have accepted the Building and every appurtenances thereof, and Tenant by said act waives any and all defects therein; provided, however, that this Section shall not apply to any damages or injury caused by or resulting from the negligence or willful misconduct of Landlord. Tenant hereby accepts the Premises in its “As Is” condition with all faults and acknowledges and agrees that Landlord shall not be deemed to have given any express or implied warranties whatsoever with respect to the condition of the Premises, except for those set forth in Exhibit ”B” with respect to the performance of Landlord’s Turnkey Work.
Acceptance and Waiver. Except to the extent caused by the negligence or willful misconduct of Landlord, its agents and employees (but subject to the insurance provisions in Section 25 above), Landlord shall not be liable to Tenant, its agents, employees, guests or invitees (and, if Tenant is a corporation, its officers, agents, employees, guests or invitees) for any damage caused to any of them due to the Building or any part or appurtenances thereof being improperly constructed or being or becoming out of repair, or arising from the leaking of gas, water, sewer or steam pipes, or from electricity; provided, however, that this Section shall not preclude Tenant from seeking recovery from any third party responsible for such damage or injury.
Acceptance and Waiver. The Executive acknowledges that (a) he/she is accepting the Exchanged Compensation in lieu of payment by the Company of the Accrued Compensation in immediately available funds, (b) he/she waives all right to receive the Accrued Compensation in immediately available funds, and (c) upon receipt of the Exchanged Compensation, he/she has received all amounts owed to him/her by the Company as of August 31, 2007, except any outstanding expenses still to be submitted.
Acceptance and Waiver. Except to the extent caused by the negligence or willful misconduct of Landlord, its agents and employees (but subject to the insurance provisions in Section 26 above), Landlord shall not be liable to Tenant, its agents, employees, guests or invitees (and, if Tenant is a corporation, its officers, agents, employees, guests or invitees) for any damage caused to any of them due to the Property or any part or appurtenances thereof being improperly constructed or being or becoming out of repair, or arising from the leaking of gas, water, sewer or steam pipes, or from electricity, but Tenant, by moving into the Premises and taking possession thereof, shall accept, and shall be held to have accepted the Premises as suitable for the purposes for which the same are leased, and shall accept and shall be held to have accepted the Property and every appurtenances thereof, and Tenant by said act waives any and all defects therein (except with respect to the express representations and warranties of Landlord set forth in Section 1 and Section 11 above); provided, however, that this Section shall not preclude Tenant from seeking recovery from any third party responsible for such damage or injury.
Acceptance and Waiver. Landlord shall not be liable to Tenant, its agents, employees, guests or invitees (and, if Tenant is any entity, its officers, managers, members, partners, agents, employees, guest or invitees) for any damage caused to any of them due to the Building or any part or appurtenances thereof being improperly constructed or being or becoming out of repair, or arising from the leaking of gas, water, sewer or steam pipes, or from electricity, but Tenant, by moving into the Premises and taking possession thereof, shall accept, and shall be held to have accepted the Premises as suitable for the purposes for which the same are leased, and shall accept and shall be held to have accepted the Building and every appurtenances thereof, and Tenant by said act waives any and all defects therein.
Acceptance and Waiver. Except to the extent caused by the negligence or willful misconduct of Landlord, its agents and employees (but subject to the insurance provisions in Section 26 above), Landlord shall not be liable to Tenant, its agents, employees, guests or invitees (and, if Tenant is a corporation, its officers, agents, employees, guests or invitees) for any damage caused to any of them due to the Building or any part or appurtenances thereof being improperly constructed or being or becoming out of repair, or arising from the leaking of gas, water, sewer or steam pipes, or from electricity, but Tenant, by taking possession of the Premises during the early occupancy period, on or following the Commencement Date, shall accept, and shall be held to have accepted the Premises as suitable for the purposes for which the same are leased, and shall accept and shall be held to have accepted the Building and every appurtenances thereof. Tenant by said act waives any and all defects therein (excluding latent defects) following the 90-day warranty period beginning from Commencement Date during which period Landlord warrants that the building systems serving the Premises, including the sprinkler system, HVAC system, mechanical, electrical and plumbing systems, and roll-up doors, if any, shall be in good working order, and the roof shall be watertight; provided, however, that this Section shall not preclude Tenant from seeking recovery from any third party responsible for such damage or injury. Landlord will transfer to the Tenant, to the extent possible and in Landlord’s possession, any warranties or service contracts on any systems in the Premises that the Tenant is responsible to maintain during the term of the Lease. Tenant shall notify Landlord or its property manager immediately of any equipment malfunction or other required repairs.
Acceptance and Waiver. Franchisee hereby accepts the franchise and agrees to collect, transport, recycle, and dispose of all solid waste, organics, and recyclables, as well as to sweep streets, in accordance with the terms and conditions set forth in this Agreement and all applicable federal, state, and local laws, rules, and regulations, including the ordinances and regulations of the City now in effect and as they may hereinafter be amended or enacted; and Franchisee waives any right it may have to challenge any of the terms of this Agreement under federal, state, or local law or administrative regulation.
Acceptance and Waiver. Except to the extent caused by the negligence or willful misconduct of Landlord, or its agents, employees or contractors or the breach of Landlord’s obligations under the Lease (but subject to the provisions of Section 29 above), Landlord shall not be liable to Tenant, its agents, employees, guests or invitees (and, if Tenant is an entity, its officers, directors, members, managers, partners, agents, employees, guests or invitees) for any damage caused to any of them due to the Building or any part or appurtenances thereof being improperly constructed or being or becoming out of repair or arising from the leaking of gas, water, sewer or steam pipes, or from electricity; provided, however, that this Section shall not preclude Tenant from seeking recovery from any third party responsible for such damage or injury.
