Acceptance of Demised Premises. Tenant has accepted possession of the Demised Premises and is now in possession of same, and the improvements and space required to be furnished according to the Lease have been fully delivered by Landlord and accepted by Tenant.
Acceptance of Demised Premises. Even though Landlord may have notified Tenant that possession of the Demised Premises is available for Tenant’s occupancy and the Commencement Date has occurred pursuant to the terms of this Lease, Tenant agrees and acknowledges that Landlord, in its sole discretion, may elect to prohibit Tenant and its agents, employees and contractors from accessing the Demised Premises unless and until Landlord has received: (i) copies of Tenant’s certificates of insurance and endorsements required herein; and (ii) written evidence that all individually metered public utilities servicing the Demised Premises are in Tenant’s name. Tenant acknowledges and agrees that: (a) Landlord is delivering the Demised Premises and its systems in its “AS-IS", "WHERE-IS” condition WITH ALL FAULTS; (b) Tenant has examined the Demised Premises prior to its execution of this Lease and is accepting the Demised Premises (and taking possession thereof) in its “AS-IS”, “WHERE-IS” condition WITH ALL FAULTS; (c) Landlord (including any party on behalf of Landlord) makes no warranty or representation whatsoever, whether written or oral, express or implied, as to the condition or repair of the Demised Premises, including, without limitation, any representations or warranties relating to the condition of the subsurface of the Demised Premises and systems, its habitability, merchantability, or fitness for a particular purpose, compliance with Governing Law, or the presence of Hazardous Materials (as defined below) at, under, from, to, or in the vicinity of the Demised Premises; and (d) Landlord makes no warranty or representation as to whether or not the Shopping Center or the Demised Premises complies with ADA or any similar legislation. In the event that Tenant’s use of the Demised Premises requires modifications or additions to the Demised Premises in order to be in ADA compliance, Tenant agrees to make any such necessary modifications and/or additions at Tenant’s sole cost and expense. In the event Tenant desires to perform any construction or improvements in the Demised Premises (“Tenant Work”), Tenant shall prior to starting construction, submit to Landlord for Landlord’s approval all plans, drawings, and or specifications required to be submitted to any city, county, zoning or other governmental authority in order to obtain the required permits for Tenant’s work (“Plans”). “Permanent Improvements” shall mean physical improvements, additions and modifications to the Demised Premises that (i) ...
Acceptance of Demised Premises. Tenant acknowledges that: (a) a full and complete inspection of the Demised Premises and adjacent common areas has been made by Tenant, and (b) as a result of such inspection, Tenant has taken possession of the Demised Premises and accepts the Demised Premises in its "As Is" condition.
Acceptance of Demised Premises. Tenant acknowledges that it has owned the Demised Premises prior to execution of this Lease and has had the opportunity to perform all tests, studies and inspections that it desires, and that Tenant is accepting the Demised Premises subject to all Diligence Matters and in its AS IS condition existing on the date Tenant executes this Lease.
Acceptance of Demised Premises. Lessee accepts the lease granted herein and its use of the Real Property pursuant to same on an AS IS, WHERE IS, AND WITH ALL FAULTS, PATENT AND LATENT BASIS.
Acceptance of Demised Premises. Except as explicitly set forth in this Lease, Xxxxxx acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the Demised Premises or with respect to the suitability or fitness of the same for the conduct of Xxxxxx's operations or for any other purpose.
Acceptance of Demised Premises. (a) Except as set forth in this Lease, LANDLORD IS LEASING THE DEMISED PREMISES TO TENANT “AS IS,” WITHOUT ANY REPRESENTATIONS OR WARRANTIES, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OR HABITABILITY, AND WITHOUT ANY OBLIGATION TO ALTER, REMODEL, IMPROVE, REPAIR, DECORATE OR CLEAN ANY PART OF THE DEMISED PREMISES OR COMMON AREAS.
(b) Any improvements which Tenant proposes to make to the Demised Premises shall be deemed a “Tenant Change” (as defined in Section 19) and shall be made in strict accordance therewith. Upon completion of such work, Tenant shall furnish Landlord with final waivers of liens and contractors’ affidavits, in such form as may be required by Landlord, Landlord’s title insurance company and Landlord’s construction lender, from all parties performing labor or supplying materials or services in connection with the work showing that all such parties have been compensated in full and waiving all liens in connection with the Demised Premises and Building. Tenant shall submit to Landlord a detailed breakdown of Tenant’s total construction costs, together with such evidence of payment as is reasonably satisfactory to Landlord.
Acceptance of Demised Premises. Tenant accepts said Demised Premises in the condition they may be at the commencement of the term hereof, "as is", subject to all defects therein, whether concealed or otherwise, and whether known or unknown to said Landlord, and releases and forever discharges said Landlord from and Tenant accepts any and all damages of every kind and nature that may be in any way occasioned thereby. At all times Tenant shall indemnify and save said Landlord, said Demised Premises and the improvements thereon harmless from all liens and all liability in any way arising out of Tenant's use or condition of said Demised Premises or of the improvements thereon. *Confidential Treatment Requested
Acceptance of Demised Premises. Tenant shall by entering upon and occupying the Demised Premises be deemed to have accepted the Demised Premises in its “as is” condition as of the Commencement Date, subject to all recorded matters and laws, Tenant acknowledges that neither Landlord nor its agents have made any representations or warranties as to the suitability or fitness of the Demised Premises for the conduct of Tenant’s business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any further tenant improvements to the Demised Premises except as expressly provided in this Lease. Notwithstanding anything to the contrary, upon Landlord’s request Tenant shall hereafter execute and deliver such Memorandum of Commencement Date, in form reasonably designated by Landlord, certifying the date that is the Commencement Date, Tenant’s acceptance and approval of the Demised Premises without reservation, and such other matters as Landlord may reasonably request.
Acceptance of Demised Premises. Tenant acknowledges that a full and complete inspection of the Demised Premises and adjacent common areas has been made and Landlord has represented a full and adequate disclosure of existence of any defects which would interfere with Tenant's use of the Demised Premises for their intended commercial purpose. Tenant specifically acknowledges that as a result of such inspection and disclosure, Tenant has taken possession of the Demised Premises and has made its own determination to fully accept same in its as-is condition.
