Condition of Demised Premises. Tenant hereby acknowledge and confirms that Tenant has undertaken a full and complete examination of the Demised Premises and the Improvements located on the Land as of the date hereof. Tenant is fully familiar therewith, the condition thereof, and the Permitted Encumbrances, and Tenant accepts and agrees to lease the same in their present “AS IS” condition and without any representation or warranty, express or implied, in fact or by law, by Landlord, and without recourse to Landlord, as to the title thereto, the nature, condition or usability thereof or the use or uses to which the Demised Premises or any part thereof may be put. Tenant expressly acknowledges that except as expressly provided in this Lease, Landlord has not made any representations or warranties and has held out no inducement to Tenant to execute this Lease. Without limiting the generality of the foregoing provisions of this Section, Tenant has not relied on any representations or warranties, and Landlord has not made any representations and warranties, in either case, express or implied, as to (i) the current or future real estate tax liability, assessment valuation of the Demised Premises; (ii) the potential qualification of the Demised Premises for any benefits conferred by any federal, state or municipal laws, whether for subsidies, special real estate tax treatment, insurance, financing or any other benefits, whether similar or dissimilar to those enumerated; (iii) the compliance of the Demised Premises in its current or any future state with applicable zoning ordinances and/or the ability to obtain Approvals or any other governmental approvals or variances with respect to the Demised Premises and possible non-compliance with any of said zoning ordinances or other laws governing the use of the Demised Premises; (iv) the availability of any financing for the alteration, rehabilitation or operation of the Demised Premises of any source; (v) the current or future use of the Demised Premises (including, without limitation, the Permitted Use); (vi) present and future condition and operating state of any and all machinery or equipment on the Demised Premises and the present or future structural and physical condition of any of the improvements (latent or patent or otherwise) or their suitability for rehabilitation, renovation or Alteration; (vii) the ownership or state of title of the Demised Premises or any personal Demised Premises located thereon; (viii) presence or absence of any rules...
Condition of Demised Premises. 14.1 Tenant acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the condition of the Demised Premises or the Building or Project, or with respect to the suitability for the conduct of Tenant's business except as expressly set forth in this Lease. The taking of possession of the Demised Premises by Tenant shall, except as otherwise agreed in writing by Landlord and Tenant conclusively establish that the Demised Premises and Building were at such time in good, sanitary and satisfactory condition and repair. Notwithstanding the foregoing, Landlord shall provide that, on the Term Commencement Date, (i) the electrical, plumbing, and mechanical systems servicing the Demised Premises are in working order and in good condition, (ii) all ceiling area over the Demised Premises is covered by ceiling tiles that are unbroken, (iii) the roof over the Demised Premises is in good condition and water tight, (iv) there are no cracks, holes, or other damage to walls, floors, and doors at the Demised Premises known to Landlord that have not been repaired, (v) any broken or damaged glass at the Demised Premises has been replaced with new glass, and (vi) the carpet at the Demised Premises is in good condition and there are no areas in need of immediate replacement to make such areas suitable for occupan cy. Without in any way limiting Tenant's rights pursuant to Section 5.4 of the Work Letter: (a) Tenant's acceptance of the Demised Premises or submission of a "punch list" shall not be deemed a waiver of Tenant's right to have construction defects in the Leasehold Improvements or the Demised Premises repaired at no cost to Tenant; (b) Tenant shall give notice to Landlord whenever any such defect becomes reasonably apparent, and Landlord shall cause such defect to be repaired; and (c) Tenant's right to have Landlord cause such defects to be repaired shall be deemed waived if written notice is not given to Landlord within thirty (30) days of the date Tenant discovers such defect.
Condition of Demised Premises. Tenant covenants and agrees that, upon taking possession of the Demised Premises, Tenant shall be deemed to have accepted the Demised Premises "as is" and Tenant shall be deemed to have waived any warranty of habitability, suitability for habitation, fitness for a particular purpose or merchantability, express or implied, relating to the Demised Premises.
Condition of Demised Premises. Lessee agrees, warrants and represents that it has examined the Demised Premises and that the Demised Premises is suitable for the uses and purposes intended by this Lease. No agreements, promises, covenants, warranties or representations have been made by Lessor as to the condition of said Demised Premises upon which the Lessee has relied on in entering into this Lease and Lessee agrees to take the Demised Premises “As-Is” in its present and existing condition.
Condition of Demised Premises. Sublessee acknowledges and agrees that it has made a full and complete inspection of the Demised Premises and that no representations or warranties have been made by Sublessor or anyone on its behalf to Sublessee as to the condition or character of the Demised Premises except those contained in this Sublease. Sublessee agrees to accept the Demised Premises in its present "AS IS" condition, except for any work which the Sublessor has expressly agreed herein to perform. Any painting, decoration or maintenance of the interior of the Demised Premises by Sublessee during the term of the Sublease shall be at Sublessee’s sole cost and expense. At the expiration or termination of the subtenancy hereby created, Sublessee shall surrender the Demised Premises broom clean, in good condition, reasonable wear and tear excepted, and shall surrender all keys for the Demised Premises to the Sublessor at the place then fixed for the payment of rent. Sublessee shall remove all its equipment and trade fixtures and any alterations installed by Sublessee if required to be removed pursuant to the Lease, and shall repair any damage to the Demised Premises caused by the installation, presence and/or removal of said equipment, trade fixtures and/or alterations, before surrendering the Demised Premises as aforesaid, provided, however, that Sublessee will not be required to restore any other work or alterations to the Demised Premises to the extent such work or alterations were existing before the Commencement Date.
Condition of Demised Premises. Notwithstanding anything to the contrary in this Sublease, Sublandlord warrants and represents that as of the Commencement Date (as defined in Article III below), (i) the Demised Premises will be in good condition and repair and the electrical, mechanical, HVAC, plumbing, elevator and other systems serving the Demised Premises will be in good condition and repair; and (ii) the Demised Premises shall conform to all requirements of covenants, conditions, restrictions and encumbrances ("CC&R's"), all underwriter's requirements, and all rules, regulations, statutes, ordinances, laws and building codes, (collectively, "Laws") applicable thereto. Subtenant shall not be required to construct or pay the cost of complying with any CC&R's, underwriter's requirements or Laws requiring construction of improvements in the Premises which are properly capitalized under general accounting principles, unless such compliance is necessitated solely because of Subtenant's particular use of the Demised Premises. Subtenant's acceptance of the Demised Premises shall not be deemed a waiver of Subtenant's right to have defects in the Demised Premises repaired at Sublandlord's sole expense. Subtenant shall give notice to Sublandlord whenever any such defect becomes reasonably apparent, and Sublandlord shall repair such defect as soon as practicable. Sublandlord also hereby assigns to Subtenant all warranties with respect to the Premises, which would reduce Subtenant's maintenance obligations hereunder and shall cooperate with Subtenant to enforce all such warranties. Except as otherwise expressly provided in this Sublease, Subtenant accepts possession of the Demised Premises in its "as is" condition as of the date of this Sublease. SCIDA makes no representations or warranties to the condition of or title to the Demised Premises.
Condition of Demised Premises. A. Supplementing the provisions of Article 15 hereof Owner makes no representations as to the size of the Demised Premises. Tenant shall give proper notice to the other of any notice it receives of the violation of any law or requirement of any public authority with respect to the Demised Premises or the use or occupation thereof. If any governmental authority having jurisdiction over the Demised Premises shall require additional fire fighting equipment, Tenant agrees to install and maintain such equipment at its sole cost and expense. Notwithstanding the foregoing, Owner represents and warrants to Tenant that the Permitted use falls within the uses permitted under current zoning of the Building, and does not violate the terms of any mortgage, ground lease or other superior interest to which this lease is subordinate.
Condition of Demised Premises. Landlord shall construct and Tenant ----------------------------- shall reasonably accept Landlord's Improvements in accordance with the Plans. As of the Commencement Date, Landlord's Improvements shall be in good working order and condition and, subject to the items on or to be inserted on the punchlist, constructed in substantial accordance with the Plans.
Condition of Demised Premises. Section 4.1 Tenant acknowledges that Tenant is the current occupant of the Demised Premises and fully familiar with the present condition of the Demised Premises and shall accept possession of the Demised Premises “as is” on the date hereof. Tenant acknowledges and agrees that Landlord has not made and does not make any representations or warranties of any kind (except as expressly set forth herein) and shall have no liability or obligation to Tenant, as tenant, with respect to any matter relating to the Demised Premises, the Limited Common Elements appurtenant thereto, the General Common Elements or any other portion of the Property including, without limitation, (i) expenses, operation, rental income, income-producing potential, physical condition, zoning, gross or rentable square footage, access, fitness for any specific use, including the present use, merchantability or habitability; (ii) any Violations or liens; (iii) any patent or latent defect in or about the Property; (iv) any laws pertaining to the Property or this transaction; (v) the compliance or non-compliance by Landlord or the Board of Managers, prior to the Commencement Date, with the Declaration or any acts which may or may not have been taken thereunder; (vi) the presence or absence of asbestos or any Hazardous Materials in, under or upon any portion of the Land or Building; (vii) the existence, location or availability of utility lines for water, sewer, drainage, telephone, electricity or any other utility; (viii) the existence, availability, quality, quantity or location of building systems; (ix) any licenses, permits, approvals or commitments from governmental authority(ies) with respect to the Building (or any portion thereof); (x) the effect on the value, use or operation of the Demised Premises, the Limited Common Elements appurtenant thereto or the General Common Elements, caused by the operation of the Central Office (as defined in the Declaration) or other operations occurring in the Verizon Units and the Limited Common Elements appurtenant thereto; (xi) the Permitted Exceptions; or (xii) any other matter affecting or relating to the Demised Premises, the Limited Common Elements appurtenant thereto, the General Common Elements or any other portion of the Property, including the state of title to the Demised Premises or any other portion of the Property. Notwithstanding anything to the contrary contained herein, Xxxxxx acknowledges that Tenant has approved all aspects of the Decla...
Condition of Demised Premises. Tenant agrees upon the expiration or earlier termination of this Lease to surrender the demised premises to Landlord in good order, condition and repair, ordinary wear and tear excepted.
