Acceptance of Licensed Premises. By its execution of this Agreement, Service Provider shall be deemed to represent and certify that (i) Service Provider has been given adequate opportunity to investigate and examine the condition of the Licensed Premises; (ii) Airline shall not be required to improve, equip, repair or otherwise prepare the Licensed Premises for Service Provider’s occupancy or use thereof for the provision of the Fuel Services except as otherwise provided in Agreement; (iii) further and for the avoidance of doubt, nothing in this Agreement for Fuel Services is intended or shall be construed to make Service Provider liable for, or to cure, correct or remediate, any Pre-Existing Condition, as hereinafter defined. “Pre-Existing Condition” shall mean any condition in, on, or within the Licenses Premises which first manifested itself prior to the Effective Date, including but not limited to any condition which fails to comply with or violates any applicable law, including any legal requirement or prohibition related to hazardous materials, but does not include any exacerbation of a condition by Service Provider or its subcontractors.
Acceptance of Licensed Premises. The entering into possession of Licensed Premises by Licensee at commencement of the Term shall be deemed to be an acceptance of the Licensed Premises by Licensee, who thereby acknowledges that the Licensed Premises are in appropriate and satisfactory condition for Licensee's intended use.
Acceptance of Licensed Premises. By taking possession of the Licensed Premises, Licensee shall be deemed conclusively to have accepted the same "as is" and to have acknowledged that the same complies fully with Licensor's obligations hereunder, unless Licensee notifies Licensor in writing of any defects within three (3) business days of taking possession. Upon taking possession of the Licensed Premises, Licensee shall have the gate keyed and shall provide the store manager with a key to the gate for emergencies.
Acceptance of Licensed Premises. (a) Licensee accepts each Licensed Premises in its "as is" condition, with all faults, on the date of commencement of the term. Licensee further acknowledges that Meijer has made absolutely no warranties or representations regarding the condition of any Licensed Premises or its suitability for Licensee's intended use.
(b) If Meijer is unable to give possession of any Licensed Premises on the Commencement Date specified for such Licensed Premises on Exhibit B by reason of the holding over of any Licensee or occupant, or because construction, repairs or improvements are not completed, the license fee with respect to such Licensed Premises shall xxxxx for the period that possession by Licensee is delayed. If such delay shall continue for more than forty-five (45) days, the Licensee may, within ten (10) days after the expiration of said forty-five (45) day period, give Meijer a notice of election to terminate this License. Unless possession of such Licensed Premises shall sooner be made available to Licensee, this License shall terminate on the tenth day after the giving of said notice. Meijer shall have no obligation to Licensee for failure to give possession except as provided in this Section 10.5 (Acceptance of Licensed Premises).
Acceptance of Licensed Premises. The Licensee acknowledges and agrees that the Town makes no warranties or representations, either express or implied, relating to all or to any portion of the Licensed Premises, or the condition or quality thereof, nor the suitability of the Licensed Premises for the Permitted Use. The Licensee acknowledges and agrees that it has made and relies totally upon its own investigations of the Licensed Premises and due diligence in entering into this Agreement and agrees that it is occupying and using the Licensed Premises on an “as is” basis.
Acceptance of Licensed Premises. Licensee agrees that no representations or warranties, express or implied, respecting the condition of the Licensed Premises and no promises to alter, repair or improve the Licensed Premises, either before or after the execution hereof, have been made by Licensor or its agents to Licensee.
Acceptance of Licensed Premises. The execution of this Agreement by the Licensee shall be conclusive evidence, as against the Licensee, that the Licensed Premises is accepted by the Licensee on a "as is, where is" as at the Effective Date.
Acceptance of Licensed Premises. Licensee has accepted possession and is currently occupying the Licensed Premises.
Acceptance of Licensed Premises. Licensee hereby accepts the Licensed Premises in its “as-is” condition existing at the Effective Date. Taking possession of the Licensed Premises by Licensee shall be conclusive evidence that the condition thereof is satisfactory to Licensee. County makes no representation or warranty that the Licensed Premises are suitable for the uses to which Licensee shall be restricted pursuant to this Agreement.
Acceptance of Licensed Premises. The Company takes all portions of the Licensed Premises and all appurtenances in “AS IS” condition without any express or implied warranty on the part of the City. The Company accepts the Licensed Premises in their present condition, finds them suitable for the purposes intended, and further acknowledges that it is thoroughly familiar with such condition by reason of personal inspection and does not rely on any representations by the City as to the condition of the Licensed Premises or their suitability for the purposes intended. The Company accepts the Licensed Premises subject to any and all previously recorded easements that may have been granted on, along, over, under, or across said property, and releases the City from any and all damages, claims for damages, loss, or liabilities that may be caused to invitees, licensees, or trespassers by reason of the exercise of such rights or privileges granted in said easements. The Company’s taking possession of the Licensed Premises shall be conclusive evidence that: (a) the Licensed Premises are suitable for the purposes and uses for which same are licensed; and (b) the Company waives any and all defects in and to the Licensed Premises and all the appurtenances thereto. The City shall not be liable to the Company, its agents, employees, contractors, subcontractors, invitees, licensees, or guests for any damage to any person or property due to the acts or omissions of the Company, its agents, employees, contractors, or subcontractors, unless such damage is caused by the gross negligence or willful misconduct of City or its agents, employees, separate contractors, or subcontractors.
