Common use of Condition and Use of Leased Property Clause in Contracts

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. 6.1 12.1 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 AgreementImprovements. 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.. 13.1

Condition and Use of Leased Property. 6.1 VI.1 Condition of the Leased Property. Lessor hereby assigns for Lessee's -------------------------------- benefit any covenants, representations Lessee acknowledges receipt and warranties made in favor delivery of Lessor or any predecessor to Lessor with respect to the design and construction possession of the Improvements pursuant to the Loan Agreement. Leased Property and that Lessee will examine has examined and otherwise acquire acquired knowledge of the condition of the Leased Property prior to the occupancy execution and delivery of this Lease and has found the Leased. Propertysame to be in good order and repair and satisfactory for its purpose hereunder . 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. 6.1 7.1. Condition of the Leased Property. Lessor hereby assigns for Lessee's -------------------------------- benefit any covenants, representations Lessee acknowledges receipt and warranties made in favor delivery of Lessor or any predecessor to Lessor with respect to the design and construction possession of the Improvements pursuant to the Loan AgreementLeased Property. Lessee will examine has examined and otherwise acquire has knowledge of the condition of the Leased Property prior and has found the same to the occupancy of the Leased. Propertybe satisfactory for its purposes hereunder. Lessee is leasing the Leased Property "“as is" ” in its condition at the time of occupancypresent condition. 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 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 THE 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 RESPECTSIT. Notwithstanding Provided, however, to the foregoingextent permitted by law, Lessor hereby assigns to Lessee shall have no liability all of Lessor’s rights to Lessor proceed against any predecessor in title (other than any Affiliate of Lessee, which conveyed the Property to Lessor) for any liens which may be imposed against breaches of warranties or representations or for latent defects in the Leased Property as a result of Property. Lessor shall fully cooperate with Lessee in the acts or omissions prosecution of any party other than such claim, in Lessor’s or Lessee’s name, all at Lessee’s sole cost and expense. Lessee during the period prior hereby agrees to the Commencement Date but the same shall be indemnify, defend and remain the responsibility of Lessorhold harmless Lessor from and against any claims, obligations and liabilities against or incurred by Lessor in connection with such cooperation.

Condition and Use of Leased Property. 6.1 7.1 Condition of the Leased Property. Lessor hereby assigns for Lessee's -------------------------------- benefit any covenants, representations Lessee acknowledges receipt and warranties made in favor delivery of Lessor or any predecessor to Lessor with respect to the design and construction possession of the Improvements pursuant to the Loan AgreementLeased Property. Lessee will examine has examined and otherwise acquire has knowledge of the condition of the Leased Property prior and has found the same to the occupancy of the Leased. Propertybe satisfactory for its purposes hereunder. Lessee is leasing the Leased Property "as is" in its condition at the time of occupancypresent condition. Except as otherwise expressly provided herein, 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 PROPERTY, OR ANY PART THEREOF, EITHER AS TO ITS MERCHANTABILITY OR FITNESS FOR USE, SUITABILITY, DESIGN OR CONDITION FOR ANY PARTICULAR USE OR PURPOSE OR OTHERWISE, OR AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP THEREIN, LATENT OR PATENT, IT BEING AGREED THAT LESSEE TAKES THE LEASED PROPERTY SUBJECT TO ALL SUCH RISKS ARE TO BE BORNE BY LESSEERISKS. LESSEE ACKNOWLEDGES THAT THE LEASED PROPERTY HAS BEEN INSPECTED BY LESSEE AND IS SATISFACTORY TO IT IN ALL RESPECTSIT. Notwithstanding Provided, however, to the foregoingextent permitted by law, Lessor hereby assigns to Lessee shall have no liability all of Lessor's rights to Lessor for proceed against any liens which may be imposed against the Leased Property as a result of the acts or omissions of any party predecessor in title other than Lessee during (or an Affiliate of Lessee which conveyed the period prior Property to, or was the predecessor-by-merger to, Lessor or an Affiliate thereof) for breaches of warranties or representations or for latent defects in the Leased Property. Lessor shall fully cooperate with Lessee in the prosecution of any such claim, in Lessor's or Lessee's name, all at Lessee's sole cost and expense. Lessee hereby agrees to the Commencement Date but the same shall be indemnify, defend and remain the responsibility of Lessorhold harmless Lessor from and against any claims, obligations and liabilities against or incurred by Lessor in connection with such cooperation.

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. 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.