Common use of Condition of Leased Property Clause in Contracts

Condition of Leased Property. Tenant acknowledges and agrees that the Leased Property is and shall be leased by Landlord to Tenant in its "as-is" condition, as of the Commencement Date and at all times thereafter, subject to all liens, encumbrances and restrictions affecting the Leased Property. Landlord makes absolutely no representations or warranties whatsoever with respect to the Leased Property or the condition thereof, either to its fitness for use, condition, purpose or otherwise as to the quality or material or workmanship therein, latent or patent, it being agreed that all such risks are to be borne by Tenant. Tenant acknowledges that Landlord has not investigated and does not warrant or represent to Tenant that the Leased Property is fit for the Intended Use or for any other purposes whatsoever. Tenant acknowledges that Tenant shall be solely responsible for any and all actions, repairs, permits, approvals and costs required for the rehabilitation, renovation, use, occupancy and operation of the Leased Property in accordance with applicable governmental requirements, including, without limitation, all governmental charges and fees, if any, which may be due or payable to applicable authorities. By leasing the Leased Property, Tenant warrants and represents to Landlord that Tenant has examined and approved all things concerning the Leased Property which Tenant deems material to Tenant's leasing and use of the Leased Property. Tenant further acknowledges and agrees that: (i) neither Landlord nor any agent of Landlord has made any representation or warranty, express or implied, concerning the Leased Property or which have induced Tenant to execute this Lease except as contained in this Lease; and (ii) any other representations and warranties are expressly disclaimed by Landlord.

Condition of Leased Property. Tenant acknowledges and agrees that the Leased Property is and shall be leased by Landlord to Tenant and from Landlord by Tenant in its present "as-as is" condition, as of the Commencement Date and at all times thereafter, subject to the existing state of title and all liensapplicable legal or governmental requirements, encumbrances and restrictions affecting the Leased Property. Landlord makes absolutely no representations or warranties whatsoever with respect to the Leased Property or the condition thereof, either to its fitness for use, condition, purpose or otherwise as to the quality or material or workmanship therein, latent or patent, it being agreed that all such risks are to be borne by Tenant. Tenant acknowledges that Landlord has not investigated and does not warrant or represent to Tenant that the Leased Property is fit for the Intended Use purposes intended by Tenant or for any other purpose or purposes whatsoever, and Tenant acknowledges that the Leased Property is to be leased to Tenant in its existing condition, i.e., "as-is", and "where-is", without any representation or warranty as to habitability or fitness for any particular purpose, on and as of the Commencement Date. Tenant represents and acknowledges that all permits, licenses and approvals required by any governmental or quasi-governmental body, department, commission, board, bureau, instrumentality or officer, or otherwise appropriate with respect to the construction, operation, leasing, maintenance or use of the Leased Property or any part thereof, have been issued, are past all appeals periods and are valid and in full force and effect and that no provision, condition or limitation of any of the same has been breached or violated. Tenant acknowledges that Tenant shall be solely responsible for any and all actions, repairs, permits, approvals and costs required for the rehabilitation, renovation, use, occupancy and operation of the Leased Property in accordance with applicable governmental requirements, foreseen or unforeseen, including, without limitation, all governmental charges and fees, if any, which may be due or payable to applicable authorities. By Tenant agrees that, by leasing the Leased Property, Tenant warrants and represents to Landlord that Tenant has examined and approved all things concerning the Leased Property which Tenant deems material to Tenant's leasing and use of the Leased Property. Tenant further acknowledges and agrees that: that (ia) neither Landlord nor any agent of Landlord has made any representation or warranty, express or implied, concerning the Leased Property or which have induced Tenant to execute this Lease except as contained in this Lease; Agreement and (iib) any other representations and warranties are expressly disclaimed by Landlord.

Condition of Leased Property. Tenant acknowledges and agrees that the Leased Property is and shall be leased by Landlord to Tenant and from Landlord by Tenant in its present "as-as is" condition, as of the Commencement Date and at all times thereafter, subject to all liensfaults and the existing state of title and all applicable legal or governmental requirements, encumbrances and restrictions affecting the Leased Property. Landlord makes absolutely no representations or warranties whatsoever with respect to the Leased Property or the condition thereof, either to its fitness for use, condition, purpose or otherwise as to the quality or material or workmanship therein, latent or patent, it being agreed that all such risks are to be borne by Tenant. Tenant acknowledges that Landlord has not investigated and does not warrant or represent to Tenant that the Leased Property is fit for the Intended Use purposes intended by Tenant or for any other purpose or purposes whatsoever. , and Tenant acknowledges that the Leased Property is to be leased to Tenant shall in its existing condition, i.e., "as-is", and "where-is", without any representation or warranty as to habitability or fitness for any particular purpose, on and as of the Commencement Date. Tenant further acknowledges that all material permits, licenses and approvals required by any governmental or quasi-governmental, body, department, commission, board, bureau, instrumentality or officer, or otherwise appropriate with respect to the construction, operation, leasing, maintenance or use of the Leased Property or any part thereof, have been issued, are past all appeals periods and are valid and in full force and effect and that no provision, condition or limitation of any of the same has been breached or violated. Tenant further acknowledges that during the Term of this Agreement, Tenant shall, except as otherwise expressly provided in Section 5.1, be solely responsible for any and all actions, repairs, permits, approvals and costs required for the rehabilitation, renovation, use, occupancy and operation of the Leased Property in accordance with applicable governmental requirements, foreseen or unforeseen, including, without limitation, all governmental charges and fees, if any, which may be due or payable to applicable authorities. By In addition, and notwithstanding anything in this Agreement to the contrary, Tenant hereby expressly acknowledges and agrees to the Post Closing Due Diligence Undertaking set forth on EXHIBIT "L" attached hereto. Tenant agrees that, by leasing the Leased Property, Tenant warrants and represents to Landlord that Tenant has examined and approved all things concerning the Leased Property which Tenant deems material to Tenant's leasing leasing, operation and use of the Leased Property. Tenant further acknowledges and agrees that: that (ia) neither Landlord nor any agent of Landlord has made any representation or warranty, express or implied, concerning the Leased Property or which have induced Tenant to execute this Lease except as contained in this Lease; Agreement and (iib) any other representations and warranties are expressly disclaimed by Landlord. The provisions of this Section 2.2 shall not limit or impair the obligations of Landlord under ARTICLE 5 hereof.

Condition of Leased Property. Tenant acknowledges and agrees that each of the Leased Property Properties is and shall be leased by Landlord to Tenant in its "as-is" condition, as of the Commencement Date and at all times thereafter, subject to all liens, encumbrances and restrictions affecting the Leased PropertyProperties. Landlord makes absolutely no representations or warranties whatsoever with respect to the Leased Property Properties or the condition thereof, either to its their respective fitness for use, condition, purpose or otherwise as to the quality or material or workmanship therein, latent or patent, it being agreed that all such risks are to be borne by Tenant. Tenant acknowledges that Landlord has not investigated and does not warrant or represent to Tenant that any of the Leased Property Properties is fit for the Intended Use or for any other purposes whatsoever. Tenant acknowledges that Tenant shall be solely responsible for any and all actions, repairs, permits, approvals and costs required for the rehabilitation, renovation, use, occupancy and operation of the Leased Property Properties in accordance with applicable governmental requirementsLegal Requirements, includingOther Requirements, without limitation, all governmental charges Facility Mortgage Requirements and fees, if any, which may be due or payable to applicable authoritiesInsurance Requirements. By leasing each of the Leased PropertyProperties, Tenant warrants and represents to Landlord that Tenant has examined and approved all things concerning the Leased Property Properties which Tenant deems material to Tenant's leasing and use of the Leased PropertyProperties. Tenant further acknowledges and agrees that: (i) neither Landlord nor any agent of Landlord has made any representation or warranty, express or implied, concerning any of the Leased Property Properties or which have induced Tenant to execute this Lease except as expressly contained in this Lease; and (ii) any other representations and warranties are expressly disclaimed by Landlord.

Condition of Leased Property. Tenant acknowledges and agrees that the Leased Property is and shall be leased by Landlord to Tenant in its "as-is" condition, as of the Commencement Date and at all times thereafter, subject to all liens, encumbrances and restrictions affecting the Leased Property. Landlord makes absolutely no representations or warranties whatsoever with respect to the Leased Property or the condition thereof, either to its fitness for use, condition, purpose or otherwise as to the quality or material or workmanship therein, latent or patent, it being agreed that all such risks are to be borne by Tenant. Tenant acknowledges that Landlord has not investigated and does not warrant or represent to Tenant that the Leased Property is fit for the Intended Use or for any other purposes whatsoever. Tenant acknowledges that Tenant shall be solely responsible for any and all actions, repairs, permits, approvals and costs required for the rehabilitation, renovation, use, occupancy and operation of the Leased Property in accordance with applicable governmental requirementsLegal Requirements, includingFacility Mortgage Requirements, without limitation, all governmental charges Other Requirements and fees, if any, which may be due or payable to applicable authoritiesInsurance Requirements. By leasing the Leased Property, Tenant warrants and represents to Landlord that Tenant has examined and approved all things concerning the Leased Property which Tenant deems material to Tenant's leasing and use of the Leased Property. Tenant further acknowledges and agrees that: (i) neither Landlord nor any agent of Landlord has made any representation or warranty, express or implied, concerning the Leased Property or which have induced Tenant to execute this Lease except as expressly contained in this Lease; and (ii) any other representations and warranties are expressly disclaimed by Landlord.

Condition of Leased Property. Tenant acknowledges and agrees that the Leased Property is and shall be leased by Landlord to Tenant and from Landlord by Tenant in its "as-present “as is" ” condition, as of the Commencement Date and at all times thereafter, subject to the existing state of title and all liensapplicable legal or governmental requirements, encumbrances and restrictions affecting the Leased Property. Landlord makes absolutely no representations or warranties whatsoever with respect to the Leased Property or the condition thereof, either to its fitness for use, condition, purpose or otherwise as to the quality or material or workmanship therein, latent or patent, it being agreed that all such risks are to be borne by Tenant. Tenant acknowledges that Landlord has not investigated and does not warrant or represent to Tenant that the Leased Property is fit for the Intended Use purposes intended by Tenant or for any other purpose or purposes whatsoever, and Tenant acknowledges that the Leased Property is to be leased to Tenant in its existing condition, i.e., “as-is”, and “where-is”, without any representation or warranty as to habitability or fitness for any particular purpose, on and as of the Commencement Date. Tenant acknowledges that that, except as otherwise set forth herein, Tenant shall be solely responsible for any and all actions, repairs, permits, approvals and costs required for the rehabilitation, renovation, use, occupancy and operation of the Leased Property in accordance with applicable governmental requirements, foreseen or unforeseen, including, without limitation, all governmental charges and fees, if any, which may be due or payable to applicable authorities, as may be required from Tenant during the term of this Agreement. By Tenant agrees that, by leasing the Leased Property, Tenant warrants and represents to Landlord that Tenant has examined and approved all things concerning the Leased Property which Tenant deems material to Tenant's ’s leasing and use of the Leased Property. Tenant further acknowledges and agrees that: that (ia) neither Landlord nor any agent of Landlord has made any representation or warranty, express or implied, concerning the Leased Property or which have induced Tenant to execute this Lease except as contained in this Lease; Agreement and (iib) any other representations and warranties are expressly disclaimed by Landlord.

Condition of Leased Property. Tenant acknowledges and agrees that the Leased Property is and shall be leased by Landlord to Tenant in its "as-present “as is" ” condition, as of the Commencement Date and at all times thereafter, subject to the existing state of title and all liensapplicable legal or governmental requirements, encumbrances and restrictions affecting the Leased Property. Landlord makes absolutely no representations or warranties whatsoever with respect to the Leased Property or the condition thereof, either to its fitness for use, condition, purpose or otherwise as to the quality or material or workmanship therein, latent or patent, it being agreed that all such risks are to be borne by Tenant. Tenant acknowledges that Landlord has not investigated (provided, however, such statement shall not be construed in any manner whatsoever to affect any contrary provisions of the Purchase Agreements) and does not warrant or represent to Tenant that the Leased Property is fit for the Intended Use purposes intended by Tenant or for any other purpose or purposes whatsoever, and Tenant acknowledges that the Leased Property is leased to Tenant in its existing condition, i.e., “as is”, and “where is”, without any representation or warranty as to habitability or fitness for any particular purpose, on and as of the Commencement Date. Tenant acknowledges that Tenant shall be solely responsible for any and all actions, repairs, permits, approvals and costs required for the rehabilitation, renovation, use, occupancy and operation of the Leased Property in accordance with applicable governmental requirements, foreseen or unforeseen, including, without limitation, all governmental charges and fees, if any, which may be due or payable to applicable authorities, unless otherwise expressly provided in this Agreement. By Tenant agrees that, by leasing the Leased Property, Tenant warrants and represents to Landlord that Tenant has examined and approved all things concerning the Leased Property which Tenant deems material to Tenant's ’s leasing and use of the Leased Property. Tenant further acknowledges and agrees that: that (ia) neither Landlord nor any agent of Landlord has made any representation or warranty, express or implied, concerning the Leased Property or which have induced Tenant to execute this Lease except as contained in this Lease; Agreement and (iib) any other representations and warranties are expressly disclaimed by Landlord.

Condition of Leased Property. Tenant acknowledges and agrees that the Leased Property is and shall be leased by Landlord to Tenant in its "asAS-isIS" condition, as of the Commencement Date and at all times thereafter, subject to all liens, encumbrances and restrictions affecting the Leased Property. Landlord makes absolutely no representations or warranties whatsoever with respect to the Leased Property or the condition thereof, either to its fitness for use, condition, purpose or otherwise as to the quality or material or workmanship therein, latent or patent, it being agreed that all such risks are to be borne by Tenant. Tenant acknowledges that Landlord has not investigated and does not warrant or represent to Tenant that the Leased Property is fit for the Intended Use or for any other purposes whatsoever. Tenant acknowledges that Tenant shall be solely responsible for any and all actions, repairs, permits, approvals and costs required for the rehabilitation, renovation, use, occupancy and operation of the Leased Property in accordance with applicable governmental requirementsLegal Requirements, includingFacility Mortgage Requirements, without limitation, all governmental charges Other Requirements and fees, if any, which may be due or payable to applicable authoritiesInsurance Requirements. By leasing the Leased Property, Tenant warrants and represents to Landlord that Tenant has examined and approved all things concerning the Leased Property which Tenant deems material to Tenant's leasing and use of the Leased Property. Tenant further acknowledges and agrees that: (i) neither Landlord nor any agent of Landlord has made any representation or warranty, express or implied, concerning the Leased Property or which have induced Tenant to execute this Lease except as expressly contained in this Lease; and (ii) any other representations and warranties are expressly disclaimed by Landlord.

Condition of Leased Property. Tenant acknowledges and agrees that the Leased Property is and shall be leased by Landlord to Tenant in its "as-is" condition, as of the Commencement Date and at all times thereafter, subject to all liens, encumbrances and restrictions affecting the Leased Property. Landlord makes absolutely no representations or warranties whatsoever with respect to the Leased Property or the condition thereof, either to its fitness for use, condition, purpose or otherwise as to the quality or material or workmanship therein, latent or patent, it being agreed that all such risks are to be borne by Tenant. Tenant acknowledges that Landlord has not investigated and does not warrant or represent to Tenant that the Leased Property is fit for the Intended Use or for any other purposes whatsoever. Tenant acknowledges that Tenant shall be solely responsible for any and all actions, repairs, permits, approvals and costs required for the rehabilitation, renovation, use, occupancy and operation of the Leased Property in accordance with applicable governmental requirements, including, without limitation, all governmental charges and fees, if any, which may be due or payable to applicable authorities. By leasing the Leased Property, Tenant warrants and represents to Landlord that Tenant has examined and approved all things concerning the Leased Property which Tenant deems material to Tenant's leasing and use of the Leased Property. Tenant further acknowledges and agrees that: (i) neither Landlord nor any agent of Landlord has made any representation or warranty, express or implied, concerning the Leased Property or which have induced Tenant to execute this Lease except as contained in this Lease; and (ii) any other representations and warranties are expressly disclaimed by Landlord.. Property Lease Agreement Williamsburg

Condition of Leased Property. Tenant acknowledges and agrees that each of the Leased Property Properties is and shall be leased by Landlord to Tenant in its "asAS-isIS" condition, as of the Commencement Date and at all times thereafter, subject to all liens, encumbrances and restrictions affecting the Leased PropertyProperties. Landlord makes absolutely no representations or warranties whatsoever with respect to the Leased Property Properties or the condition thereof, either to its their respective fitness for use, condition, purpose or otherwise as to the quality or material or workmanship therein, latent or patent, it being agreed that all such risks are to be borne by Tenant. Tenant acknowledges that Landlord has not investigated and does not warrant or represent to Tenant that any of the Leased Property Properties is fit for the Intended Use or for any other purposes whatsoever. Tenant acknowledges that Tenant shall be solely responsible for any and all actions, repairs, permits, approvals and costs required for the rehabilitation, renovation, use, occupancy and operation of the Leased Property Properties in accordance with applicable governmental requirementsLegal Requirements, includingOther Requirements, without limitation, all governmental charges Facility Mortgage Requirements and fees, if any, which may be due or payable to applicable authoritiesInsurance Requirements. By leasing each of the Leased PropertyProperties, Tenant warrants and represents to Landlord that Tenant has examined and approved all things concerning the Leased Property Properties which Tenant deems material to Tenant's leasing and use of the Leased PropertyProperties. Tenant further acknowledges and agrees that: (i) neither Landlord nor any agent of Landlord has made any representation or warranty, express or implied, concerning any of the Leased Property Properties or which have induced Tenant to execute this Lease except as expressly contained in this Lease; and (ii) any other representations and warranties are expressly disclaimed by Landlord.