As Is Basis. Subject only to Paragraph 45 and to Landlord making the improvements shown on EXHIBIT B to be attached hereto, it is hereby agreed that the Premises leased hereunder is leased strictly on an "as-is" basis and in its present condition, and in the configuration as shown on EXHIBIT B to be attached hereto, and by reference made a part hereof. Except as noted herein, it is specifically agreed between the parties that after Landlord makes the interior improvements as shown on EXHIBIT B, Landlord shall not be required to make, nor be responsible for any cost, in connection with any repair, restoration, and/or improvement to the Premises in order for this Lease to commence, or thereafter, throughout the Term of this Lease. Notwithstanding anything to the contrary within this Lease, Landlord makes no warranty or representation of any kind or nature whatsoever as to the condition or repair of the Premises, nor as to the use or occupancy which may be made thereof.
As Is Basis. Facility User acknowledges, understands, and agrees that the District’s school facilities, grounds or equipment are being provided to Facility User on an “as-is”, “where- is” and “with any and all faults” basis, without representation or warranty, whether express or implied, of any kind whatsoever, including, without limitation, any representation or warranty of fitness or suitability for Facility User’s particular use or purposes. It is further acknowledged, understood, agreed, and represented that, prior to using any District facility, grounds, or equipment, Facility User shall inspect the requested facility or grounds, including appurtenant facilities or grounds, and/or requested equipment, and by using the facilities, grounds, and/or equipment, Facility User stipulates and agrees that the facilities, grounds, and/or equipment are clean, safe, and in usable condition, that Facility User is satisfied with the condition, suitability, and fitness thereof, and accepts the same as being safe, in good and sanitary order, condition and repair, and reasonably suited for Facility User’s purpose. Applicant expressly waives any and all claims for defects.
As Is Basis. 9.1. The Equipment is hired to the Hirer on an “as is” basis being the condition of the Equipment as at the Delivery Date.
9.2. To the extent permitted by law, any implied terms, representations or warranties as to the fitness, quality, suitability for purpose or condition of the Equipment are excluded.
As Is Basis. The Tenant shall accept the Premises on ‘an as-is’ ‘where-is’ basis whereby the Landlord shall not be required to undertake any work whatsoever in any portion of the Expansion Premises, whether requested or required by or on behalf of the Tenant or by any governmental authority having jurisdiction over building codes, fire and safety regulations or work permits or other matters pertaining to occupancy by the Tenant . The Tenant shall, at its sole expense, carry out all work that it be required to ready the Expansion Premises fit for occupancy by the Tenant , including without limitation , preparation of suitable ( in the Landlord’s sole opinion) design and working drawings and specifications that correctly reflect all such work including changes or modifications that may be made to the Buildings HVAC , mechanical and electrical systems inside and outside of the Expansion Premises. The Tenant agrees to submit all such drawings and specs to the Landlord for its approval prior to proceeding with the application process, if required , or commencement of any work. All contractors must be approved by the Landlord before commencing with any work or designs.
As Is Basis. The System is provided to You during the Trial Period on an as is basis, and, despite any other provision in the Agreement, all conditions, warranties, guarantees and indemnities in relation to the System are excluded by ABC Software to the fullest extent permitted by law.
As Is Basis. (a) The Road Authority hereby accepts the Project Site as the location it has chosen for the Subway on the Railway Lands.
(b) The Road Authority acknowledges that it has had the opportunity for inspection and testing of the Railway Lands and acknowledges that the Railway Lands have been used for Railway Operations and/or industrial purposes.
(c) The Road Authority agrees and acknowledges that it shall be conclusively deemed to be satisfied with the condition of the Railway Lands in its existing condition and on an "as is" basis and hereby waives, against the CP Indemnified Group, all rights and recourses of any nature whatsoever in respect of any defects within the Railway Lands.
(d) The Road Authority agrees and acknowledges that CP has made no agreement, representation or warranty of any kind as to the condition, nature, composition or use (past, present or future) of the Railway Lands, accuracy or completeness of any materials or information provided by CP, the fitness or suitability of the Railway Lands for the Work, or the existing or potential environmental liabilities in relation to the Railway Lands.
As Is Basis. The parties agree that the System will be transferred on an “as is” “where is” and “with all faults” basis free and clear of liens and encumbrances other than as contemplated herein consistent with its condition as of the date of this Agreement, reasonable wear and tear excepted and without representations or warranties of any kind, including, without limitation, merchantability and fitness for a particular purpose, except as specifically set forth herein or in any other documents delivered by Botetourt County.
As Is Basis. 4.1 TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS BEING PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND RESPECTING THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF DESIGN, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF SOFTWARE REMAINS WITH TESTER. IN NO EVENT SHALL OWNER BE LIABLE FOR ANY DAMAGE WHATSOEVER ARISING OUT OF THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL APPLY TO ALL CLAIMS AND ACTIONS OF ANY KIND, WHETHER BASED ON CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR ANY OTHER GROUNDS. FOR THE SAKE OF CLARITY: INTENTIONAL DAMAGE OR HEALTH DAMAGES ARE NOT LIMITED BY THIS PROVISION.
As Is Basis. Sublandlord makes no representation or warranty as to the Premises or the Sublease Premises, including, without limitation, any representation or warranty with respect to fitness for particular use; condition of the Premises, Sublease Premises, or the Personalty; applicable zoning restrictions imposed upon the Premises; or otherwise. The Sublease Premises is demised to Subtenant on an “AS IS” basis.
As Is Basis. Tenderers acknowledge that they will be purchasing the subject property on as “as is- where is” basis. The Vendor shall not be responsible for removal of any chattels, debris or objects from the property prior to closing.
