Common use of AS-IS LEASE Clause in Contracts

AS-IS LEASE. Lessee has conducted, or will conduct from time to time with regard to Facility 2 Property that may be added hereto after the date hereof, all due diligence which it deems appropriate regarding the Facility 2 Property and agrees that no Lessor Party has any obligation to conduct any such due diligence. Lessee is leasing the Facility 2 Property "as is, with all faults" without any representation, warranty, indemnity or undertaking by any Lessor Party regarding any aspect of the Facility 2 Property, including (a) the condition of the Facility 2 Property (including any Improvements to the Facility 2 Property made prior to the Commencement Date or during the Term); (b) title to the Facility 2 Property (including possession of the Facility 2 Property by any Person or the existence of any Lien or any other right, title or interest in or to any of the Facility 2 Property in favor of any Person); (c) the value, habitability, usability, design, operation or fitness for use of the Facility 2 Property; (d) the availability or adequacy of utilities and other services to the Facility 2 Property; (e) any latent, hidden or patent defect in the Facility 2 Property; (f) the zoning or status of the Facility 2 Property or any other restrictions on the use of the Facility 2 Property; (g) the economics of the Facility 2 Property; (h) any Casualty or Condemnation; or (i) the compliance of the Facility 2 Property with any applicable Governmental Rule or Insurance Requirement; provided, however, that Lessor shall be obligated to remove Lessor Liens to the extent required in Subparagraph 5.04(b) of the Participation Agreement. Without limiting the generality of the foregoing, Lessee specifically waives any covenant of quiet enjoyment except as otherwise provided in Subparagraph 5.04(b) of the Participation Agreement.

AS-IS LEASE. Lessee has conducted, or will conduct from time to time with regard to Facility 2 1 Property that may be added hereto after the date hereof, all due diligence which it deems appropriate regarding the Facility 2 1 Property and agrees that no Lessor Party has any obligation to conduct any such due diligence. Lessee is leasing the Facility 2 1 Property "as is, with all faults" without any representation, warranty, indemnity or undertaking by any Lessor Party regarding any aspect of the Facility 2 1 Property, including (a) the condition of the Facility 2 1 Property (including any Improvements to the Facility 2 1 Property made prior to the Commencement Date or during the Term); (b) title to the Facility 2 1 Property (including possession of the Facility 2 1 Property by any Person or the existence of any Lien or any other right, title or interest in or to any of the Facility 2 1 Property in favor of any Person); (c) the value, habitability, usability, design, operation or fitness for use of the Facility 2 1 Property; (d) the availability or adequacy of utilities and other services to the Facility 2 1 Property; (e) any latent, hidden or patent defect in the Facility 2 1 Property; (f) the zoning or status of the Facility 2 1 Property or any other restrictions on the use of the Facility 2 1 Property; (g) the economics of the Facility 2 1 Property; (h) any Casualty or Condemnation; or (i) the compliance of the Facility 2 1 Property with any applicable Governmental Rule or Insurance Requirement; provided, however, that Lessor shall be obligated to remove Lessor Liens to the extent required in Subparagraph 5.04(b) of the Participation Agreement. Without limiting the generality of the foregoing, Lessee specifically waives any covenant of quiet enjoyment except as otherwise provided in Subparagraph 5.04(b) of the Participation Agreement.

AS-IS LEASE. Lessee has conducted, or will conduct from time to time with regard to Facility 2 Property property that may be added hereto after the date hereof, all due diligence which it deems appropriate regarding the Facility 2 1 Property and agrees that no Lessor Party has any obligation to conduct any such due diligence. Lessee is leasing the Facility 2 1 Property "as is, with all faults" without any representation, warranty, indemnity or undertaking by any Lessor Party regarding any aspect of the Facility 2 1 Property, including (a) the condition of the Facility 2 Property (including any Improvements to the Facility 2 Property made prior to the Commencement Date or during the Term)1 Property; (b) title to the Facility 2 1 Property (including possession of the Facility 2 1 Property by any Person or the existence of any Lien or any other right, title or interest in or to any of the Facility 2 1 Property in favor of any Person); (c) the value, habitability, usability, design, operation or fitness for use of the Facility 2 1 Property; (d) the availability or adequacy of utilities and other services to the Facility 2 1 Property; (e) any latent, hidden or patent defect in the Facility 2 1 Property; (f) the zoning or status of the Facility 2 1 Property or any other restrictions on the use of the Facility 2 1 Property; (g) the economics of the Facility 2 1 Property; (h) any Casualty or Condemnation; or (i) the compliance of the Facility 2 1 Property with any applicable Governmental Rule or Insurance Requirement; provided, however, that Lessor shall be obligated to remove Lessor Liens to the extent required in Subparagraph 5.04(b) of the Participation Agreement. Without limiting the generality of the foregoing, Lessee specifically waives any covenant of quiet enjoyment except as otherwise provided in Subparagraph 5.04(b) of the Participation Agreement.

AS-IS LEASE. Lessee has conducted, or will conduct from time to time with regard to Facility 2 3 Property that may be added hereto after the date hereof, all due diligence which it deems appropriate regarding the Facility 2 3 Property and agrees that no Lessor Party has any obligation to conduct any such due diligence. Lessee is leasing the Facility 2 3 Property "as is, with all faults" without any representation, warranty, indemnity or undertaking by any Lessor Party regarding any aspect of the Facility 2 3 Property, including (a) the condition of the Facility 2 3 Property (including any Improvements to the Facility 2 3 Property made prior to the Commencement Date or during the Term); (b) title to the Facility 2 3 Property (including possession of the Facility 2 3 Property by any Person or the existence of any Lien or any other right, title or interest in or to any of the Facility 2 3 Property in favor of any Person); (c) the value, habitability, usability, design, operation or fitness for use of the Facility 2 3 Property; (d) the availability or adequacy of utilities and other services to the Facility 2 3 Property; (e) any latent, hidden or patent defect in the Facility 2 3 Property; (f) the zoning or status of the Facility 2 3 Property or any other restrictions on the use of the Facility 2 3 Property; (g) the economics of the Facility 2 3 Property; (h) any Casualty or Condemnation; or (i) the compliance of the Facility 2 3 Property with any applicable Governmental Rule or Insurance Requirement; provided, however, that Lessor shall be obligated to remove Lessor Liens to the extent required in Subparagraph 5.04(b) of the Participation Agreement. Without limiting the generality of the foregoing, Lessee specifically waives any covenant of quiet enjoyment except as otherwise provided in Subparagraph 5.04(b) of the Participation Agreement.

AS-IS LEASE. Lessee has conducted, or will conduct from time to time with regard to Facility 2 Property property that may be added hereto after the date hereof, all due diligence which it deems appropriate regarding the Facility 2 Property and agrees that no Lessor Party (other than Novellus in its capacity as Lessee) has any obligation to conduct any such due diligence. Lessee is leasing the Facility 2 Property "as is, with all faults" without any representation, warranty, indemnity or undertaking by any Lessor Party (other than Novellus) regarding any aspect of the Facility 2 Property, including (a) the condition of the Facility 2 Property (including any Improvements to the Facility 2 Property made prior to the Commencement Date or during the Term); (b) title to the Facility 2 Property (including possession of the Facility 2 Property by any Person or the existence of any Lien or any other right, title or interest in or to any of the Facility 2 Property in favor of any Person); (c) the value, habitability, usability, design, operation or fitness for use of the Facility 2 Property; (d) the availability or adequacy of utilities and other services to the Facility 2 Property; (e) any latent, hidden or patent defect in the Facility 2 Property; (f) the zoning or status of the Facility 2 Property or any other restrictions on the use of the Facility 2 Property; (g) the economics of the Facility 2 Property; (h) any Casualty or Condemnation; or (i) the compliance of the Facility 2 Property with any applicable Governmental Rule or Insurance Requirement; provided, however, that Lessor shall be obligated to remove Lessor Liens to the extent required in Subparagraph 5.04(b) of the Participation Agreement. Without limiting the generality of the foregoing, Lessee specifically waives any covenant of quiet enjoyment except as otherwise provided in Subparagraph 5.04(b) of the Participation Agreement.