Condition and Use of Leased Property. LESSEE ACKNOWLEDGES AND AGREES THAT IT IS LEASING THE LEASED PROPERTY “AS IS” IN ITS PRESENT CONDITION, SUBJECT TO (A) ANY RIGHTS OF ANY PARTIES IN POSSESSION THEREOF OR OF THE SITE, (B) THE STATE OF THE TITLE THERETO OR TO THE SITE EXISTING AT THE TIME THE LESSOR ACQUIRED ITS INTEREST IN THE LEASED PROPERTY, (C) ANY STATE OF FACTS WHICH AN ACCURATE SURVEY OR PHYSICAL INSPECTION MIGHT SHOW (INCLUDING ANY SURVEY DELIVERED ON OR PRIOR TO THE CLOSING DATE), (D) ALL APPLICABLE LAWS, AND (E) ANY VIOLATIONS OF APPLICABLE LAWS WHICH MAY EXIST AT THE COMMENCEMENT OF THE LEASE TERM. LESSEE HAS EXAMINED THE LEASED PROPERTY AND (INSOFAR AS THE LESSOR IS CONCERNED) HAS FOUND THE SAME TO BE SATISFACTORY. WITHOUT LIMITING THE SPECIFIC REPRESENTATIONS AND WARRANTIES IN ARTICLE IV OF THE PARTICIPATION AGREEMENT, THE LESSOR HAS NOT MADE NOR SHALL BE DEEMED TO HAVE MADE ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, NOR SHALL BE DEEMED TO HAVE ANY LIABILITY WHATSOEVER AS TO THE TITLE TO THE LEASED PROPERTY OR THE SITE OR TO THE VALUE, MERCHANTABILITY, HABITABILITY, CONDITION, OR FITNESS FOR USE OF THE LEASED PROPERTY OR THE SITE, OR ANY PART THEREOF, OR ANY OTHER REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THE LEASED PROPERTY OR THE SITE, OR ANY PART THEREOF, AND THE LESSOR SHALL NOT BE LIABLE FOR ANY LATENT, HIDDEN, OR PATENT DEFECT THEREIN OR THE FAILURE OF THE LEASED PROPERTY OR ANY PORTION THEREOF, TO COMPLY WITH ANY APPLICABLE LAWS, except that the Lessor hereby represents and warrants that as of the date of this Lease, the Leased Property is free of Lessor Liens. The Lessee, having been afforded full opportunity to inspect the Leased Property, is satisfied with the results of its inspections and is entering into this Lease solely on the basis of the results of its own inspections, and all risks incident to the matters discussed in the preceding sentence, as between the Lessor, on the one hand, and the Lessee, on the other, are to be borne by the Lessee. The provisions of this Article VII have been negotiated, and, except to the extent otherwise expressly stated, the foregoing provisions are intended to be a complete exclusion and negation of any representations or warranties by the Lessor, express or implied, with respect to the Leased Property (or any interest therein) that may arise pursuant to any law now or hereafter in effect or otherwise.
Condition and Use of Leased Property. 29 7.1. Condition of the Leased Property..........................................................................29 7.2. Use of the Leased Property................................................................................29 7.3. Lessor to Grant Easements, Etc............................................................................30 ARTICLE 8 LESSEE'S COMPLIANCE WITH LAW; ENVIRONMENTAL COVENANTS....................................................31 8.1. Compliance with Legal and Insurance Requirements, Etc.....................................................31 8.2.
Condition and Use of Leased Property. 6.1 Condition of the Leased Property. Lessor hereby assigns for Lessee's -------------------------------- benefit any covenants, representations and warranties made in favor of Lessor or any predecessor to Lessor with respect to the design and construction of the Improvements pursuant to the Loan Agreement. Lessee will examine and otherwise acquire knowledge of the condition of the Leased Property prior to the occupancy of the Leased. Property. Lessee is leasing the Leased Property "as is" in its condition at the time of occupancy. Lessee waives any claim or action against Lessor in respect of the condition of the Leased Property. LESSOR MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, IN RESPECT OF THE LEASED PROPERTY OR ANY PART THEREOF, EITHER AS TO ITS FITNESS FOR USE, SUITABILITY, DESIGN OR CONDITION FOR ANY PARTICULAR USE OR PURPOSE OR OTHERWISE, OR AS TO QUALITY OF THE MATERIAL OR WORKMANSHIP THEREIN, LATENT OR PATENT, IT BEING AGREED THAT ALL SUCH RISKS ARE TO BE BORNE BY LESSEE. LESSEE ACKNOWLEDGES THAT THE LEASED PROPERTY HAS BEEN INSPECTED BY LESSEE AND IS SATISFACTORY TO IT IN ALL RESPECTS. Notwithstanding the foregoing, Lessee shall have no liability to Lessor for any liens which may be imposed against the Leased Property as a result of the acts or omissions of any party other than Lessee during the period prior to the Commencement Date but the same shall be and remain the responsibility of Lessor.
Condition and Use of Leased Property. 7 6.1 Condition of the Leased Property .................. 7 6.2 Use of the Leased Property ........................ 8 6.3
Condition and Use of Leased Property. 5 6.1 Condition of the Leased Property 5 6.2 Use of the Leased Property 5 6.3 Management of Facility 6 6.4 Lessor to Grant Easements 6 6.5 Ground Lease Provisions 7 ARTICLE VII LEGAL, INSURANCE AND FINANCIAL REQUIREMENTS 7 7.1 Compliance with Legal and Insurance Requirements 7 7.2 Legal Requirement Covenants 7
Condition and Use of Leased Property. 6.1 Condition of the Leased Property. Lessor hereby assigns for Lessee's benefit any covenants, representations and warranties made in favor of Lessor with respect to the design and construction of the Improvements pursuant to the Loan, Agreement. Lessee will examine and otherwise acquire knowledge of the condition of the Leased Property prior to the occupancy of the Leased Property. Lessee is leasing the Leased Property "as is" in its condition at the time of occupancy. Lessee waives any claim or action against Lessor in respect of the condition of the Leased Property LESSOR MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, IN RESPECT OF THE LEASED PROPERTY OR ANY PART THEREOF, EITHER AS TO ITS FITNESS FOR USE, SUITABILITY, DESIGN OR CONDITION FOR ANY PARTICULAR USE OR PURPOSE OR OTHERWISE, OR AS TO QUALITY OF THE MATERIAL OR WORKMANSHIP THEREIN, LATENT OR PATENT, IT BEING AGREED THAT ALL SUCH RISKS ARE TO BE BORNE BY LESSEE. LESSEE ACKNOWLEDGES THAT THE LEASED PROPERTY HAS BEEN INSPECTED BY LESSEE AND IS SATISFACTORY TO IT IN
Condition and Use of Leased Property. MANAGEMENT AGREEMENTS 33
Condition and Use of Leased Property. 6 SECTION 7.1. Waivers. ................................................................................................... 6 ARTICLE VIII
Condition and Use of Leased Property. SECTION 7.1.
Condition and Use of Leased Property. . . . . 6 ------------------------------------ 6.1 CONDITION OF THE LEASED PROPERTY . . . . . . . . 6 6.2
