Common use of Acceptance of Leased Premises Clause in Contracts

Acceptance of Leased Premises. Tenant owned the land and improvements that now exist on the Leased Premises and which were constructed pursuant to plans and specifications approved by Tenant and with architects and contractors approved by Tenant. Tenant therefore is familiar with and has accepted and approved the design of the improvements and condition of the Leased Premises and the terms of the Permitted Exceptions as of the Effective Date. Pursuant to the Construction Agreement, the Expansion and other improvements to the Leased Premises constructed and/or installed by Landlord will be constructed or installed pursuant to plans and specifications approved by Tenant and with architects and contractors approved by Tenant, and Tenant and will be presumed as of the Initial Term Commencement Date to have accepted the Leased Premises in their then existing condition subject to the terms of the Permitted Exceptions. To the maximum extent permitted by law, Tenant waives any implied or statutory warranty of suitability or fitness for a particular purpose related for the Leased Premises and Tenant acknowledges that it has accepted the Leased Premises “as is,” in its current condition, with no representations, warranties or covenants, express or implied, on the part of the Landlord with respect to the condition of the same or the suitability of the Leased Premises for Tenant’s intended use. Landlord shall have no responsibility or liability for the design, construction or condition of Leased Premises and makes no warranties with respect thereto, and Landlord shall not be required to make any repairs or replacements of any kind whatsoever or to perform any maintenance whatsoever during the term of this Lease. Tenant acknowledges that Landlord has no contractor and supplier warranties in its possession. Upon request, Landlord will transfer contract and supplier warranties previously transferred by Tenant to Landlord to Tenant for the Term of this Lease which transferred warranties shall revert back to Landlord upon termination of this Lease.

Acceptance of Leased Premises. Tenant owned the land and improvements that now exist on the Leased Premises and which were constructed pursuant to plans and specifications approved by Tenant and with architects and contractors approved by Tenant. Tenant therefore is familiar with and has accepted and approved the design of the improvements and condition of the Leased Premises and the terms of the Permitted Exceptions as of the Effective Date. Pursuant to the Construction Agreement, the Expansion and other improvements to the Leased Premises constructed and/or installed by Landlord will be constructed or installed pursuant to plans and specifications approved by Tenant and with architects and contractors approved by Tenant, and Tenant and will be presumed as of the Initial Term Commencement Date to have accepted the Leased Premises in their then existing condition subject to the terms of the Permitted Exceptions. To the maximum extent permitted by law, Tenant waives any implied or statutory warranty of suitability or fitness for a particular purpose related for the Leased Premises and Tenant acknowledges that it has accepted been given the opportunity to inspect the Leased Premises “as is,” and to have qualified experts inspect all aspects of the Leased Premises before signing this Lease. Tenant hereby accepts the Leased Premises in its current condition“AS-IS” undeveloped condition as of the Delivery Date provided that Landlord’s Work has been completed. For the avoidance of doubt, with no representationsXxxxxx accepts the HVAC system in its “AS-IS’ condition and any additions or improvements to the HVAC system shall be the sole responsibility of Tenant. Landlord and Tenant expressly acknowledge and agree, warranties or covenants, express or implied, on the as a material part of the consideration for Landlord entering into this Lease with respect Tenant, that (a) Landlord has made no representations or warranties to Tenant as to the condition of the same Leased Premises, either express or implied, except as specifically set forth in this Lease, (b) Landlord and Tenant expressly disclaim any implied warranty as to the habitability, fitness or suitability of the Leased Premises for Tenant’s intended use. Landlord shall have no responsibility use or liability for any other particular purpose, (c) that the designLeased Premises are free from toxic or hazardous substances, construction or (d) Tenant’s obligation to pay Rent hereunder is not dependent upon the condition of the Leased Premises and makes no warranties with respect theretoor the performance by Landlord of its obligations hereunder, and (e) Tenant will continue to pay the Rent provided for herein without abatement, set off or deduction, unless otherwise specifically provided for herein, notwithstanding any breach by Landlord of its duties or obligations hereunder, express or implied. Any entry onto or use of the Leased Premises by Tenant prior to the Commencement Date shall not be required to make any repairs or replacements governed by all of any kind whatsoever or to perform any maintenance whatsoever during the term terms and provisions of this Lease, except those requiring payment of Rent. Tenant acknowledges that Landlord has no contractor The Leased Premises shall be constructed in accordance with Exhibit C-1 and supplier warranties in its possession. Upon request, Landlord will transfer contract Exhibit C-2 attached hereto and supplier warranties previously transferred incorporated by Tenant to Landlord to Tenant reference herein for all purposes and the Term descriptions of this Lease which transferred warranties shall revert back to Landlord upon termination of this LeaseLandlord’s Work and Tenant’s Work contained therein.

Acceptance of Leased Premises. Tenant owned the land and improvements that now exist on the Leased Premises and which were constructed pursuant to plans and specifications approved by Tenant and with architects and contractors approved by Tenant. Tenant therefore is familiar with and has accepted and approved the design of the improvements and condition of the Leased Premises and the terms of the Permitted Exceptions as of the Effective Date. Pursuant to the Construction Agreement, the Expansion and other improvements to the Leased Premises constructed and/or installed by Landlord will be constructed or installed pursuant to plans and specifications approved by Tenant and with architects and contractors approved by Tenant, and Tenant and will be presumed as of the Initial Term Commencement Date to have accepted the Leased Premises in their then existing condition subject to the terms of the Permitted Exceptions. To the maximum extent permitted by law, Tenant waives any implied or statutory warranty of suitability or fitness for a particular purpose related for the Leased Premises and Tenant acknowledges that that: (a) it has accepted the Leased Premises “as is,” in its current conditionbeen advised by Landlord, with no representationsLandlord's Broker and Xxxxxx's Broker, warranties or covenantsif any, express or implied, on the part of the Landlord to satisfy itself with respect to the condition of the same or Leased Premises (including, without limitation, the heating, ventilation, electrical, plumbing and other mechanical installations, fire sprinkler systems, security, environmental aspects, and compliance with applicable laws, ordinances, rules and regulations) and the present and future suitability of the Leased Premises for Tenant’s 's intended use. Landlord shall have no ; (b) Tenant has made such inspection and investigation as it deems necessary with reference to such matters and assumes all responsibility or liability for therefor as the design, construction or condition same relate to Xxxxxx's occupancy of the Leased Premises and makes no the term of this Lease; and (c) neither Landlord nor Landlord's Broker nor any of Landlord's agents has made any oral or written representations or warranties with respect theretoto the condition, suitability or fitness of the Leased Premises other than as may be specifically set forth in this Lease or otherwise made in connection with the completion of the Landlord Improvements described in EXHIBIT B. Tenant accepts the Leased Premises in its AS IS condition existing on the date Tenant executes this Lease, subject to (i) all matters of record, (ii) applicable laws, ordinances, rules and regulations, and (iii) the completion of the Landlord shall not be required Improvements and the Tenant Improvements described in EXHIBIT B. Tenant acknowledges that neither Landlord nor Landlord's Broker nor any of Landlord's agents has agreed to make undertake any repairs alterations or replacements of any kind whatsoever additions or to perform any maintenance whatsoever during or repair of the term of this Lease. Tenant acknowledges that Landlord has no contractor and supplier warranties Leased Premises except as set forth in its possession. Upon request, Landlord will transfer contract and supplier warranties previously transferred by Tenant to Landlord to Tenant for the Term of this Lease which transferred warranties shall revert back to Landlord upon termination of this Lease.and except as may be expressly set forth in EXHIBIT B.

Acceptance of Leased Premises. Tenant owned the land and improvements that now exist on the Leased Premises and which were constructed pursuant to plans and specifications approved by Tenant and with architects and contractors approved by Tenant. Tenant therefore is familiar with and has accepted and approved the design of the improvements and condition of the Leased Premises and the terms of the Permitted Exceptions as of the Effective Date. Pursuant to the Construction Agreement, the Expansion and other improvements to the Leased Premises constructed and/or installed by Landlord will be constructed or installed pursuant to plans and specifications approved by Tenant and with architects and contractors approved by Tenant, and Tenant and will be presumed as of the Initial Term Commencement Date to have accepted the Leased Premises in their then existing condition subject to the terms of the Permitted Exceptions. To the maximum extent permitted by law, Tenant waives any implied or statutory warranty of suitability or fitness for a particular purpose related for the Leased Premises and Tenant acknowledges that it Landlord has accepted the Leased Premises “as is,” in its current condition, with no representations, warranties not made any representations or covenants, express or implied, on the part of the Landlord warranty with respect to the condition of the same or the suitability quality of the Leased Premises for Tenant’s intended useor Building. Landlord shall have no responsibility or liability for Tenant has inspected and accepts the design, construction or condition of Leased Premises and makes Building in their present condition as suitable for the purpose for which the Leased Premises are leased. Taking of possession by Tenant shall be deemed conclusively to establish that the Leased Premises, Building and common areas are in good and satisfactory condition as of when possession was taken. Tenant further acknowledges that no warranties with respect theretorepresentations as to the repair of the Leased Premises or Building nor promises to alter, and Landlord shall not be required to make any repairs remodel or replacements of any kind whatsoever improve the Leased Premises or to perform any maintenance whatsoever during the term of Building have been made by Landlord, unless such are expressly set forth in this Lease. After the Commencement Date Tenant acknowledges that Landlord has no contractor shall, upon demand, execute and supplier warranties in its possession. Upon request, Landlord will transfer contract and supplier warranties previously transferred by Tenant deliver to Landlord a letter of acceptance of delivery of the Leased Premises. If the leasehold improvements outlined on Addendum One and Exhibit "C" attached hereto are not substantially completed by September 1, 1998 as determined by Landlord's architect and such delay in the substantial completion date was not caused by Tenant, Tenant shall have the right to Tenant for the Term of cancel this Lease which transferred warranties shall revert back Agreement only if Tenant provides Landlord written notice of its intent to cancel this Lease Agreement by September 5, 1998 and only if Tenant pays to Landlord upon termination a lump sum payment of this Lease$20,000.00 due along with such notice outlined above. It is further agreed that Tenant's right to cancel the Lease Agreement is Tenant's sole and exclusive remedy.

Acceptance of Leased Premises. Tenant owned the land and improvements that now exist on the Leased Premises and which were constructed pursuant to plans and specifications approved by Tenant and with architects and contractors approved by Tenant. Tenant therefore is familiar with and has accepted and approved the design of the improvements and condition of the Leased Premises and the terms of the Permitted Exceptions as of the Effective Date. Pursuant to the Construction Agreement, the Expansion and other improvements to the Leased Premises constructed and/or installed by Landlord will be constructed or installed pursuant to plans and specifications approved by Tenant and with architects and contractors approved by Tenant, and Tenant and will be presumed as of the Initial Term Commencement Date to have accepted the Leased Premises in their then existing condition subject to the terms of the Permitted Exceptions. To the maximum extent permitted by law, Tenant waives any implied or statutory warranty of suitability or fitness for a particular purpose related for the Leased Premises and Tenant acknowledges that that: (a) it has accepted the Leased Premises “as is,” in its current conditionbeen advised by Landlord, with no representationsLandlord's Broker and Tenant's Broker, warranties or covenantsif any, express or implied, on the part of the Landlord to satisfy itself with respect to the condition of the same or Leased Premises (including, without limitation, the heating, ventilation, electrical, plumbing and other mechanical installations, fire sprinkler systems, security, environmental aspects, and compliance with applicable laws, ordinances, rules and regulations) and the present and future suitability of the Leased Premises for Tenant’s 's intended use. Landlord shall have no ; (b) Tenant has made such inspection and investigation as it deems necessary with reference to such matters and assumes all responsibility or liability for therefor as the design, construction or condition same relate to Tenant's occupancy of the Leased Premises and makes no the term of this Lease; and (c) neither Landlord nor Landlord's Broker nor any of Landlord's agents has made any oral or written representations or warranties with respect theretoto the condition, suitability or fitness of the Leased Premises other than as may be specifically set forth in this Lease. Except as otherwise specifically set forth in this Lease, Tenant accepts the Leased Premises in its AS IS condition existing on the date Tenant executes this Lease, subject to all matters of record and applicable laws, ordinances, rules and regulations. Tenant acknowledges that neither Landlord shall not be required nor Landlord's Broker nor any of Landlord's agents has agreed to make undertake any repairs alterations or replacements of any kind whatsoever additions or to perform any maintenance whatsoever during or repair of the term of this Lease. Tenant acknowledges that Landlord has no contractor and supplier warranties in its possession. Upon request, Landlord will transfer contract and supplier warranties previously transferred by Tenant to Landlord to Tenant Leased Premises except for the Term of this Lease which transferred warranties shall revert back to Landlord upon termination of this Lease.routine maintenance and janitorial work specified herein and except as may be expressly set forth in Exhibit B. ---------

Acceptance of Leased Premises. Landlord warrants to Tenant owned that the land Leased Premises, in the state existing on the date of this Lease do not violate any covenants or restrictions of record applicable to the Center, or any applicable building code, regulation or ordinance in effect on such date, including, but not limited to, the Americans with Disabilities Act (“ADA”). Landlord represents and improvements warrants that, to Landlord’s actual knowledge, without investigation or duty to investigate, there are no contaminants or environmental conditions at the Center, including the Leased Premises. Landlord advises Tenant that now exist on Landlord had mold which was present in the Leased Premises and which were constructed pursuant to plans and specifications approved by Tenant and with architects and contractors approved by Tenant. Tenant therefore is familiar with and has accepted and approved the design of the improvements and condition of the Leased Premises and the terms of the Permitted Exceptions as of the Effective Date. Pursuant remediated prior to the Construction Agreement, the Expansion and other improvements to the Leased Premises constructed and/or installed by Landlord will be constructed or installed pursuant to plans and specifications approved by Tenant and with architects and contractors approved by Tenant, and Tenant and will be presumed as of the Initial Term Commencement Date to have accepted the Leased Premises in their then existing condition subject to the terms of the Permitted Exceptions. To the maximum extent permitted by law, Tenant waives any implied or statutory warranty of suitability or fitness for a particular purpose related for the Leased Premises and Tenant acknowledges that it has accepted the Leased Premises “as is,” in its current condition, with no representations, warranties or covenants, express or implied, on the part of the Landlord with respect to the condition of the same or the suitability of the Leased Premises for Tenant’s intended use. Landlord shall have no responsibility or liability for the design, construction or condition of Leased Premises and makes no warranties with respect thereto, and Landlord shall not be required to make any repairs or replacements of any kind whatsoever or to perform any maintenance whatsoever during the term date of this Lease. Tenant acknowledges that Landlord it has no contractor examined and supplier warranties knows the contents of the Leased Premises and has received the same in its possession. Upon requestgood condition or repair and that, Landlord will transfer contract and supplier warranties previously transferred by Tenant to Landlord to Tenant for the Term of this Lease which transferred warranties shall revert back to Landlord upon termination of except as otherwise set forth in this Lease, no representations as to the condition or repair thereof have been made by Landlord or Landlord’s agent that are not herein expressed. Landlord shall not be liable for any damage occasioned by or from roof leaks, plumbing, gas, water, steam, or other pipes, or sewage or the bursting, leaking, or running of any cistern tank, washstand, water closet, or waste pipe in, above upon, or about said building or premises, unless due to Landlord’s negligence or intentional acts. Landlord shall not be liable for any damage arising from acts or negligence of co-tenants or other occupants of the same building, or any owners or occupants of adjoining or contiguous property.