Common use of Condition and Use of the Premises Clause in Contracts

Condition and Use of the Premises. County makes no representations or warranties whatsoever as to: (a) the condition of the Premises; (b) whether the Premises, or any part thereof, are in compliance with Applicable Laws; (c) whether any Materials exist on or under the Premises or in the Improvements in violation of Applicable Laws; or (d) any permitted or available use of the Premises. County makes no representations or warranties regarding the legality, permissibility, suitability, or availability of any use of the Premises that may be contemplated by Xxxxxx. County makes no representations or warranties concerning habitability or fitness for any particular purpose. Lessee specifically obligates itself to conduct its own due diligence investigation as to the Premises and the suitability thereof for Xxxxxx's purposes. The Premises, and all components thereof, are leased in "AS IS CONDITION" and "WITH ALL FAULTS." Lessee acknowledges that it is leasing the Premises subject to the noises, sounds, and impacts to persons and property that are customarily contained or emanate from an airport. Xxxxxx represents, acknowledges, and agrees that Xxxxxx has had sufficient opportunity to inspect the Premises and all components thereof, and hereby accepts the Premises and all components thereof in "AS IS CONDITION" and "WITH ALL FAULTS." Lessee hereby assumes all risk of noncompliance of the Premises, or any part thereof, with Applicable Laws. Upon receipt of any notice of noncompliance with any Applicable Laws, Xxxxxx hereby agrees to make all repairs, alterations, and additions to the Premises and to take all corrective measures as may be necessary to bring the Premises into compliance with Applicable Laws. Lessee shall not be entitled to any abatement or adjustment of rent or any other payments based on the condition of the Premises, the failure of any component part(s) to be in working order, the necessity of Lessee to repair or take corrective actions with respect to any part thereof, or the inability to obtain, or any delay in obtaining, any development approvals from any governmental body having jurisdiction, including but not limited to, County. Lessee hereby releases County from any and all claims, demands, damages, and liabilities whatsoever on account of the condition of the Premises, any failure of any of the component parts to be in working order, the necessity of Lessee to repair or take corrective actions with respect to any part thereof, or the necessity to obtain any development approvals from any governmental body, including, without limitation, County. In the event of any conflict between these provisions and any other provisions of this Agreement, the provisions of this section shall control. Notwithstanding anything herein to the contrary, this section is not intended to address or apply to the release of any Materials at the Premises. In the event of any such release, the provisions of Article 28 shall apply.

Appears in 1 contract

Samples: Agreement of Lease

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Condition and Use of the Premises. County makes no representations or warranties whatsoever as to: (a) the condition of the Premises; (b) whether the Premises, or any part thereof, are in compliance with Applicable Laws; (c) whether any Materials exist on or under the Premises or in the Improvements in violation of Applicable Laws; or (d) any permitted or available use of the Premises. County makes no representations or warranties regarding the legality, permissibility, suitability, or availability of any use of the Premises that may be contemplated by XxxxxxLessee. County makes no representations or warranties concerning habitability or fitness for any particular purpose. Lessee specifically obligates itself to conduct its own due diligence investigation as to the Premises and the suitability thereof for XxxxxxLessee's purposes. The Premises, and all components thereof, are leased in "AS IS CONDITION" and "WITH ALL FAULTS." Lessee acknowledges that it is leasing the Premises subject to the noises, sounds, and impacts to persons and property that are customarily contained or emanate from an airport. Xxxxxx Lessee represents, acknowledges, and agrees that Xxxxxx Lessee has had sufficient opportunity to inspect the Premises and all components thereof, and hereby accepts the Premises and all components thereof in "AS IS CONDITION" and "WITH ALL FAULTS." Lessee hereby assumes all risk of noncompliance of the Premises, or any part thereof, with Applicable Laws. Upon receipt of any notice of noncompliance with any Applicable Laws, Xxxxxx Lessee hereby agrees to make all repairs, alterations, and additions to the Premises and to take all corrective measures as may be necessary to bring the Premises into compliance with Applicable Laws. Lessee shall not be entitled to any abatement or adjustment of rent or any other payments based on the condition of the Premises, the failure of any component part(s) to be in working order, the necessity of Lessee to repair or take corrective actions with respect to any part thereof, or the inability to obtain, or any delay in obtaining, any development approvals from any governmental body having jurisdiction, including but not limited to, County. Lessee hereby releases County from any and all claims, demands, damages, and liabilities whatsoever on account of the condition of the Premises, any failure of any of the component parts to be in working order, the necessity of Lessee to repair or take corrective actions with respect to any part thereof, or the necessity to obtain any development approvals from any governmental body, including, without limitation, County. In the event of any conflict between these provisions and any other provisions of this Agreement, the provisions of this section shall control. Notwithstanding anything herein to the contrary, this section is not intended to address or apply to the release of any Materials at the Premises. In the event of any such release, the provisions of Article 28 shall apply.

Appears in 1 contract

Samples: Agreement of Lease

Condition and Use of the Premises. County makes no representations or warranties whatsoever as to: (a) the condition of the Premises; (b) whether the Premises, or any part thereof, are in compliance with Applicable Laws; (c) whether any Materials exist on or under the Premises or in the Improvements in violation of Applicable Laws; or (d) any permitted or available use of the Premises. County makes no representations or warranties regarding the legality, permissibility, suitability, or availability of any use of the Premises that may be contemplated by XxxxxxLessee. County makes no representations or warranties concerning habitability or fitness for any particular purpose. Lessee specifically obligates itself to conduct its own due diligence investigation as to the Premises and the suitability thereof for XxxxxxLessee's purposes. The Premises, and all components thereof, are leased in "AS IS CONDITION" and "WITH ALL FAULTS." Lessee acknowledges that it is leasing the Premises subject to the noises, sounds, and impacts to persons and property that are customarily contained or emanate from an airport. Xxxxxx Lessee represents, acknowledges, and agrees that Xxxxxx Lessee has had sufficient opportunity to inspect the Premises and all components thereof, thereof and hereby accepts the Premises and all components thereof in "AS IS CONDITION" and "WITH ALL FAULTS." Lessee hereby assumes all risk of noncompliance of the Premises, or any part thereof, with Applicable Laws. Upon receipt of any notice of noncompliance with any Applicable Laws, Xxxxxx Lessee hereby agrees to make all repairs, alterations, and additions to the Premises and to take all corrective measures as may be necessary to bring the Premises into compliance with Applicable Laws. Lessee shall not be entitled to any abatement or adjustment of rent or any other payments based on the condition of the Premises, the failure of any component part(s) to be in working order, the necessity of Lessee to repair or take corrective actions with respect to any part thereof, or the inability to obtain, or any delay in obtaining, any development approvals from any governmental body having jurisdiction, including but not limited to, County. Lessee hereby releases County from any and all claims, demands, damages, and liabilities whatsoever on account of the condition of the Premises, any failure of any of the component parts to be in working order, the necessity of Lessee to repair or take corrective actions with respect to any part thereof, or the necessity to obtain any development approvals from any governmental body, including, without limitation, County. In the event of any conflict between these provisions and any other provisions of this Agreement, the provisions of this section shall control. Notwithstanding anything herein to the contrary, this section is not intended to address or apply to the release of any Materials at the Premises. In the event of any such release, the provisions of Article 28 shall apply.

Appears in 1 contract

Samples: Agreement of Lease

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Condition and Use of the Premises. County makes no representations or warranties whatsoever as to: (a) the condition of the Premises; (b) whether the Premises, or any part thereof, are in compliance with Applicable Laws; (c) whether any Materials exist on or under the Premises or in the Improvements in violation of Applicable Laws; or (d) any permitted or available use of the Premises. County makes no representations or warranties regarding the legality, permissibility, suitability, or availability of any use of the Premises that may be contemplated by Xxxxxx. County makes no representations or warranties concerning habitability or fitness for any particular purpose. Lessee specifically obligates itself to conduct its own due diligence investigation as to the Premises and the suitability thereof for Xxxxxx's purposes. The Premises, and all components thereof, are leased in "AS IS CONDITION" and "WITH ALL FAULTS." Lessee acknowledges that it is leasing the Premises subject to the noises, sounds, and impacts to persons and property that are customarily contained or emanate from an airport. Xxxxxx represents, acknowledges, and agrees that Xxxxxx has had sufficient opportunity to inspect the Premises and all components thereof, thereof and hereby accepts the Premises and all components thereof in "AS IS CONDITION" and "WITH ALL FAULTS." Lessee hereby assumes all risk of noncompliance of the Premises, or any part thereof, with Applicable Laws. Upon receipt of any notice of noncompliance with any Applicable Laws, Xxxxxx hereby agrees to make all repairs, alterations, and additions to the Premises and to take all corrective measures as may be necessary to bring the Premises into compliance with Applicable Laws. Lessee shall not be entitled to any abatement or adjustment of rent or any other payments based on the condition of the Premises, the failure of any component part(s) to be in working order, the necessity of Lessee to repair or take corrective actions with respect to any part thereof, or the inability to obtain, or any delay in obtaining, any development approvals from any governmental body having jurisdiction, including but not limited to, County. Lessee hereby releases County from any and all claims, demands, damages, and liabilities whatsoever on account of the condition of the Premises, any failure of any of the component parts to be in working order, the necessity of Lessee to repair or take corrective actions with respect to any part thereof, or the necessity to obtain any development approvals from any governmental body, including, without limitation, County. In the event of any conflict between these provisions and any other provisions of this Agreement, the provisions of this section shall control. Notwithstanding anything herein to the contrary, this section is not intended to address or apply to the release of any Materials at the Premises. In the event of any such release, the provisions of Article 28 shall apply.

Appears in 1 contract

Samples: Agreement of Lease

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