Common use of CONDITION AND USE OF PROPERTY Clause in Contracts

CONDITION AND USE OF PROPERTY. During the Lease Term, the Lessor's interest in the Leased Property is demised and let by the Lessor "AS IS" subject to (i) the rights of any parties in possession thereof, (ii) the state of the title thereto existing at the time the Lessor acquired its interest in the Leased Property, (iii) any state of facts which an accurate survey or physical inspection might show, (iv) all Applicable Law and (v) any violations of Applicable Law which may exist upon or subsequent to the commencement of the Lease Term. THE LESSEE ACKNOWLEDGES THAT, ALTHOUGH THE LESSOR WILL OWN AND HOLD TITLE TO THE LEASED PROPERTY, THE LESSEE IS SOLELY RESPONSIBLE FOR THE CONDITION AND USE OF THE IMPROVEMENTS AND ANY ALTERATIONS. NEITHER THE LESSOR NOR ANY OTHER PARTY TO THE PARTICIPATION AGREEMENT HAS MADE OR SHALL BE DEEMED TO HAVE MADE ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OR SHALL BE DEEMED TO HAVE ANY LIABILITY WHATSOEVER AS TO THE VALUE, MERCHANTABILITY, TITLE, HABITABILITY, CONDITION, DESIGN, OPERATION, OR FITNESS FOR USE OF THE LEASED PROPERTY (OR ANY PART THEREOF), OR ANY OTHER REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THE LEASED PROPERTY (OR ANY PART THEREOF), ALL SUCH WARRANTIES BEING HEREBY DISCLAIMED, AND NEITHER THE LESSOR NOR ANY PARTY TO THE PARTICIPATION AGREEMENT SHALL BE LIABLE FOR ANY LATENT, HIDDEN, OR PATENT DEFECT THEREIN OR THE FAILURE OF THE LEASED PROPERTY, OR ANY PART THEREOF, TO COMPLY WITH ANY APPLICABLE LAW except that the Lessor hereby represents and warrants that the Leased Property is and shall at all times remain free of Lessor Liens. As between the Lessor and the Lessee, the Lessee has been afforded full opportunity to inspect the Leased Property, is satisfied with the results of its inspections of the Leased Property 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 two preceding sentences, as between the Lessor, the Issuer or the Credit Bank, on the one hand, and the Lessee, on the other, are to be borne by the Lessee. The provisions of this ARTICLE V 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, the Issuer, or the Credit Bank, express or implied, with respect to the Leased Property that may arise pursuant to any law now or hereafter in effect or otherwise.

CONDITION AND USE OF PROPERTY. During the Lease Term, the Lessor's interest in the Leased Property is demised and let by the Lessor "AS IS" subject to (i) the rights of any parties in possession thereof, (ii) the state of the title thereto existing at the time the Lessor acquired its interest in the Leased Property, (iii) any state of facts which an accurate survey or physical inspection might show, (iv) all Applicable Law and (v) any violations of Applicable Law which may exist upon or subsequent to the commencement of the Lease Term. THE LESSEE ACKNOWLEDGES THAT, ALTHOUGH THE LESSOR WILL OWN AND HOLD TITLE TO THE LEASED PROPERTY, THE LESSEE IS SOLELY RESPONSIBLE FOR THE 8.1 CONDITION AND USE OF THE IMPROVEMENTS AND ANY ALTERATIONSPROPERTY. NEITHER THE LESSOR NOR ANY OTHER PARTY TO THE PARTICIPATION AGREEMENT HAS MADE LANDLORD MAKES NO WARRANTY OR SHALL BE DEEMED TO HAVE MADE ANY REPRESENTATION OR WARRANTYREPRESENTATION, EXPRESS OR IMPLIED, OR AND SHALL BE DEEMED SUBJECT TO HAVE ANY NO LIABILITY WHATSOEVER AS TO THE VALUE, MERCHANTABILITY, TITLE, HABITABILITY, CONDITION, DESIGN, OPERATION, OR FITNESS FOR USE OF THE LEASED PROPERTY (OR ANY PART THEREOF), OR ANY OTHER REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO TO, NOR SHALL THE LEASED VALIDITY OF THIS LEASE BE AFFECTED BY ANY CLAIM, DEMAND OR CAUSE OF ACTION REGARDING THE PROPERTY (OR ANY PART THEREOF), ALL SUCH WARRANTIES BEING HEREBY DISCLAIMED, AND NEITHER THE LESSOR NOR ANY PARTY TO THE PARTICIPATION AGREEMENT SHALL BE LIABLE FOR ANY LATENT, HIDDEN, OR PATENT DEFECT THEREIN OR THE FAILURE OF THE LEASED PROPERTY, OR ANY PART THEREOF, EITHER AS TO COMPLY ITS DESIGN, CONDITION OR FITNESS FOR ANY PARTICULAR USE OR PURPOSE OR OTHERWISE, OR AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP THEREIN, LATENT OR PATENT. TENANT ACKNOWLEDGES AND AGREES THAT THE PROPERTY HAS BEEN INSPECTED BY TENANT, HAS BEEN APPROVED FOR OCCUPANCY BY ALL GOVERNMENT AGENCIES HAVING JURISDICTION THEREOVER AND IS SATISFACTORY TO IT IN ALL RESPECTS, INCLUDING FOR ITS PRIMARY INTENDED USE, AND THAT TENANT IS LEASING THE PROPERTY "AS IS" IN ITS PRESENT CONDITION, AND SUBJECT TO (A) THE EXISTING STATE OF TITLE, INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS, LICENSES, LEGAL REQUIREMENTS, MORTGAGES, DEEDS OF TRUST, ASSIGNMENTS OF LEASES, FIXTURE FILINGS AND OTHER FINANCING INSTRUMENTS AND ANY AND ALL OTHER MATTERS OF RECORD AND OTHERWISE EXCEPT TO THE EXTENT ANY OF THE FOREGOING WERE CAUSED OR CREATED BY LANDLORD, AND (B) MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE PROPERTY OR BY AN ACCURATE SURVEY OF THE LAND. TENANT WAIVES ANY AND ALL CLAIMS, DEMANDS AND CAUSE OR CAUSES OF ACTION HERETOFORE OR HEREAFTER ARISING AGAINST LANDLORD WITH ANY APPLICABLE LAW except that the Lessor hereby represents and warrants that the Leased Property is and shall at all times remain free of Lessor Liens. As between the Lessor and the Lessee, the Lessee has been afforded full opportunity to inspect the Leased Property, is satisfied with the results of its inspections of the Leased Property 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 two preceding sentences, as between the Lessor, the Issuer or the Credit Bank, on the one hand, and the Lessee, on the other, are to be borne by the Lessee. The provisions of this ARTICLE V 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, the Issuer, or the Credit Bank, express or implied, with respect to the Leased Property that may arise pursuant to any law now or hereafter in effect or otherwiseRESPECT TO THE CONDITION OF THE PROPERTY.

CONDITION AND USE OF PROPERTY. During the Lease Term, the Lessor's interest in the Leased Property is demised and let by the Lessor "AS IS" subject to (i) the rights of any parties in possession thereof, (ii) the state of the title thereto existing at the time the Lessor acquired its interest in the Leased Property, (iii) any state of facts which an accurate survey or physical inspection might show, (iv) all Applicable Law and (v) any violations of Applicable Law which may exist upon or subsequent to the commencement of the Lease Term. THE LESSEE ACKNOWLEDGES THAT, ALTHOUGH THE LESSOR WILL OWN AND HOLD TITLE TO THE LEASED PROPERTY, THE LESSEE IS SOLELY RESPONSIBLE FOR THE 8.1 CONDITION AND USE OF THE IMPROVEMENTS AND ANY ALTERATIONSPROPERTY. NEITHER THE LESSOR NOR ANY OTHER PARTY TO THE PARTICIPATION AGREEMENT HAS MADE LANDLORD MAKES NO WARRANTY OR SHALL BE DEEMED TO HAVE MADE ANY REPRESENTATION OR WARRANTYREPRESENTATION, EXPRESS OR IMPLIED, OR AND SHALL BE DEEMED SUBJECT TO HAVE ANY NO LIABILITY WHATSOEVER AS TO THE VALUE, MERCHANTABILITY, TITLE, HABITABILITY, CONDITION, DESIGN, OPERATION, OR FITNESS FOR USE OF THE LEASED PROPERTY (OR ANY PART THEREOF), OR ANY OTHER REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO TO, NOR SHALL THE LEASED VALIDITY OF THIS LEASE BE AFFECTED BY ANY CLAIM, DEMAND OR CAUSE OF ACTION REGARDING THE PROPERTY (OR ANY PART THEREOF), ALL SUCH WARRANTIES BEING HEREBY DISCLAIMED, AND NEITHER THE LESSOR NOR ANY PARTY TO THE PARTICIPATION AGREEMENT SHALL BE LIABLE FOR ANY LATENT, HIDDEN, OR PATENT DEFECT THEREIN OR THE FAILURE OF THE LEASED PROPERTY, OR ANY PART THEREOF, EITHER AS TO COMPLY ITS DESIGN, CONDITION OR FITNESS FOR ANY PARTICULAR USE OR PURPOSE OR OTHERWISE, OR AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP THEREIN, LATENT OR PATENT. TENANT ACKNOWLEDGES AND AGREES THAT THE PROPERTY HAS BEEN INSPECTED BY TENANT, HAS BEEN APPROVED FOR OCCUPANCY BY ALL GOVERNMENT AGENCIES HAVING JURISDICTION THEREOVER AND IS SATISFACTORY TO IT IN ALL RESPECTS, INCLUDING FOR ITS PRIMARY INTENDED USE, AND THAT TENANT IS LEASING THE PROPERTY "AS IS" IN ITS PRESENT CONDITION AND SUBJECT TO (A) THE EXISTING STATE OF TITLE, INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS, LICENSES, LEGAL REQUIREMENTS, MORTGAGES, DEEDS OF TRUST, ASSIGNMENTS OF LEASES, FIXTURE FILINGS AND OTHER FINANCING INSTRUMENTS AND ANY AND ALL OTHER MATTERS OF RECORD AND OTHERWISE EXCEPT TO THE EXTENT ANY OF THE FOREGOING WERE CAUSED OR CREATED BY LANDLORD, AND (B) MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE PROPERTY OR BY AN ACCURATE SURVEY OF THE LAND. TENANT WAIVES ANY AND ALL CLAIMS, DEMANDS AND CAUSE OR CAUSES OF ACTION HERETOFORE OR HEREAFTER ARISING AGAINST LANDLORD WITH ANY APPLICABLE LAW except that the Lessor hereby represents and warrants that the Leased Property is and shall at all times remain free of Lessor Liens. As between the Lessor and the Lessee, the Lessee has been afforded full opportunity to inspect the Leased Property, is satisfied with the results of its inspections of the Leased Property 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 two preceding sentences, as between the Lessor, the Issuer or the Credit Bank, on the one hand, and the Lessee, on the other, are to be borne by the Lessee. The provisions of this ARTICLE V 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, the Issuer, or the Credit Bank, express or implied, with respect to the Leased Property that may arise pursuant to any law now or hereafter in effect or otherwiseRESPECT TO THE CONDITION OF THE PROPERTY.

CONDITION AND USE OF PROPERTY. During the Lease Term, the Lessor's interest in the Leased Property is demised and let by the Lessor "AS IS" subject to (i) the rights of any parties in possession thereof, (ii) the state 8.1 Condition of the title thereto existing at the time the Lessor acquired its interest in the Leased Property, (iii) any state of facts which an accurate survey or physical inspection might show, (iv) all Applicable Law and (v) any violations of Applicable Law which may exist upon or subsequent to the commencement of the Lease Term. THE LESSEE ACKNOWLEDGES THAT, ALTHOUGH THE LESSOR WILL OWN AND HOLD TITLE TO THE LEASED PROPERTY, THE LESSEE IS SOLELY RESPONSIBLE FOR THE CONDITION AND USE OF THE IMPROVEMENTS AND ANY ALTERATIONS. NEITHER THE LESSOR NOR ANY OTHER PARTY TO THE PARTICIPATION AGREEMENT HAS MADE LANDLORD MAKES NO WARRANTY OR SHALL BE DEEMED TO HAVE MADE ANY REPRESENTATION OR WARRANTYREPRESENTATION, EXPRESS OR IMPLIED, OR AND SHALL BE DEEMED SUBJECT TO HAVE ANY NO LIABILITY WHATSOEVER AS TO THE VALUE, MERCHANTABILITY, TITLE, HABITABILITY, CONDITION, DESIGN, OPERATION, OR FITNESS FOR USE OF THE LEASED PROPERTY (OR ANY PART THEREOF), OR ANY OTHER REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO TO, NOR SHALL THE LEASED VALIDITY OF THIS LEASE BE, AFFECTED. BY ANY CLAIM, DEMAND OR CAUSE OF ACTION REGARDING THE PROPERTY (OR ANY PART THEREOF), ALL SUCH WARRANTIES BEING HEREBY DISCLAIMED, AND NEITHER THE LESSOR NOR ANY PARTY TO THE PARTICIPATION AGREEMENT SHALL BE LIABLE FOR ANY LATENT, HIDDEN, OR PATENT DEFECT THEREIN OR THE FAILURE OF THE LEASED PROPERTY, OR ANY PART THEREOF, EITHER AS TO COMPLY ITS DESIGN, CONDITION OR FITNESS FOR ANY PARTICULAR USE OR PURPOSE OR OTHERWISE, OR AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP THEREIN, LATENT OR PATENT. TENANT ACKNOWLEDGES AND AGREES THAT THE PROPERTY HAS BEEN INSPECTED BY TENANT, HAS BEEN APPROVED FOR OCCUPANCY BY ALL GOVERNMENT AGENCIES HAVING JURISDICTION THEREOVER AND IS SATISFACTORY TO IT IN ALL RESPECTS, INCLUDING FOR ITS PRIMARY INTENDED USE, AND THAT TENANT IS LEASING THE PROPERTY "AS IS" IN ITS PRESENT CONDITION, AND SUBJECT TO (A) THE EXISTING STATE OF TITLE, INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS, LICENSES, LEGAL REQUIREMENTS, MORTGAGES, DEEDS OF TRUST, ASSIGNMENTS OF LEASES, FIXTURE FILINGS AND OTHER FINANCING INSTRUMENTS AND ANY AND ALL OTHER MATTERS OF RECORD AND OTHERWISE EXCEPT TO THE EXTENT ANY OF THE FOREGOING WERE CAUSED OR CREATED BY LANDLORD, AND (B) MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE PROPERTY OR BY AN ACCURATE SURVEY OF THE LAND. TENANT WAIVES ANY AND ALL CLAIMS, DEMANDS AND CAUSE OR CAUSES OF ACTION HERETOFORE OR HEREAFTER ARISING AGAINST LANDLORD WITH ANY APPLICABLE LAW except that the Lessor hereby represents and warrants that the Leased Property is and shall at all times remain free of Lessor Liens. As between the Lessor and the Lessee, the Lessee has been afforded full opportunity to inspect the Leased Property, is satisfied with the results of its inspections of the Leased Property 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 two preceding sentences, as between the Lessor, the Issuer or the Credit Bank, on the one hand, and the Lessee, on the other, are to be borne by the Lessee. The provisions of this ARTICLE V 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, the Issuer, or the Credit Bank, express or implied, with respect to the Leased Property that may arise pursuant to any law now or hereafter in effect or otherwiseRESPECT TO THE CONDITION OF THE PROPERTY.