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. 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. 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.
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.
As Is Basis. (1) Distributor has agreed to acquire the rights granted under the Biomira License Agreement, and all of the data and other materials acquired hereunder on an “as is” basis. Distributor shall, and shall require each Sublicensee to, include a provision in each agreement with a Sublicensee acknowledging the prior sentence. Accordingly, Distributor shall accept the entire responsibility related to or arising out of the use by Distributor or any Sublicensee of the Technology or the development, manufacture, use or sale of any product based on the Technology. Except as set forth in Section 2.3 of the Biomira License Agreement, Biomira makes no warranties, whether expressed or implied, as to any matter whatsoever to Distributor or any third parties with respect to the Technology, any Product or any aspect thereof, including without limitation, as to the validity of any right granted by Biomira under the Biomira License Agreement or that any such right or Product will be free from infringement of the rights of third parties. If Distributor or any Sublicensee receives written notice that any Product or right granted under the Biomira License Agreement constitutes an infringement of the rights of a third party, Distributor shall, if it or any Sublicensee intends to continue to sell such Product, within fifteen (15) days after receipt of such notice, provide to Biomira a means reasonably satisfactory to Biomira, whereby Biomira shall be fully protected from damages, actions, claims, costs and expenses which may arise as a result of the decision of Distributor or any Sublicensee to continue to sell the Product or to use such right. If, after complying with the preceding sentence, Distributor or any Sublicensee continues to sell the Product or use such right, Distributor or such Sublicensee does so at its own risk and Distributor will and does hereby indemnify Biomira for any damages, actions, claims, costs and expenses incurred by Biomira, except as provided in Section 2.3 of the Biomira License Agreement, which may arise as a result of Distributor, its Affiliates or Sublicensees continuing to sell the Product or use such right. (2) Distributor, on behalf of itself and its Affiliates, acknowledges that the Technology is the property of Biomira and that Biomira has made no representations or warranties to Distributor in connection with the Technology under the Biomira License Agreement or this Agreement and Distributor hereby agrees that it will not make any claim or ...
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.
As Is Basis. 32. The Society acknowledges that the Lands are being provided on an “as is” basis and the Municipalities are not providing any representation, warranty or guarantee as to the fitness of the Lands for any purpose or as to their environmental condition.
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. Consultant acknowledges, understands, and agrees that the District’s school facilities, grounds or equipment are being provided to Consultant 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 Consultant’s particular use or purposes. It is further acknowledged, understood, agreed, and represented that, prior to using any District facility, grounds, or equipment, Consultant 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, Consultant stipulates and agrees that the facilities, grounds, and/or equipment are clean, safe, and in usable condition, that Consultant 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 Consultant’s purpose. Consultant expressly waives any and all claims for defects.
As Is Basis. Lease Paragraph 40 (“As-Is Basis”) shall be amended to include the following language:
