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. 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. 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. Sublandlord makes no representation or warranty as to the Leased Premises or the Sublease Premises, including, without limitation, any representation or warranty with respect to fitness for particular use; condition of the Leased Premises or Sublease Premises, applicable zoning restrictions imposed upon the Leased Premises; or otherwise. The Sublease Premises is demised to Subtenant on an “AS IS” basis. DocuSign Envelope ID: 138C82D8-9782-4158-B5FF-0721E62274BF
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. Lease Paragraph 40 (“As-Is Basis”) shall be amended to include the following language:
As Is Basis. Subject to Tenant’s right to terminate this Lease if its structural inspection is not satisfactory, Tenant will accept the Leased Premises in their existing condition, on an “AS-IS” basis, subject to performance by Landlord of its obligations under the Construction Rider, if any, attached hereto. Tenant hereby waives and relinquishes any right to assert, as either a claim or a defense, that Landlord is bound to perform or is liable for the non-performance of any implied covenant or implied duty of Landlord not expressly set forth herein. Tenant waives any implied warranty of Landlord that the Leased Premises are suitable for their intended commercial purpose. Tenant agrees to perform all of its Lease obligations (including without limitation, the obligation to pay rent), notwithstanding an alleged breach by Landlord of any such implied warranty. Tenant agrees that Landlord shall incur no liability to Tenant by reason of any defect in the Leased Premises, whether apparent or latent, unless such defect was known to Landlord as of the date of this Lease and not disclosed to Tenant.
