Condition of Premises; Maintenance. Lessee has inspected, or had the opportunity to inspect, the Premises and hereby accepts the Premises "AS IS" and "WHERE IS" with no representation or warranty of Lessor as to the condition thereof. The Premises shall be kept in good, clean, sanitary and working condition; and Lessee shall at all times at its own expense maintain, repair and replace, as necessary, the Premises, including all portions of the Premises, whether or not the Premises were in such condition on the Effective Date.
Condition of Premises; Maintenance. Sublessee agrees to accept the Premises and Sublessor's FF&E in their "as is" condition, generally in the same order and condition as the Premises as Sublessor's FF&E are in as of the date hereof, without any representation or warranty other than as set forth in the Technology Agreement. Sublessor shall maintain and repair the Premises, at Sublessee's sole cost and expenses (which costs and expenses shall be payable by Sublessee as part of Additional Rent), in a professional and workmanlike manner, and keep the Premises in the same order, repair and condition that they were in on the Commencement Date, reasonable wear and tear and damage by fire, other casualty, improvements made to the Premises in accordance with Section 4.4, below, or the acts or omissions of Sublessee excepted.
Condition of Premises; Maintenance. Tenant hereby accepts the Premises “AS IS” and “WHERE IS” with no representation or warranty of Landlord as to the condition thereof. Tenant shall, at its sole cost and expense, be responsible for (a) keeping all of the building, structures and improvements erected on the Premises in good order and repair, free from actual or constructive waste; (b) the repair or reconstruction of any building, structures or improvements erected on the Premises damaged or destroyed by a Casualty; (c) subject to Section 7.02, making all necessary structural, non-structural, exterior and interior repairs and replacements to any building, structures or improvements erected on the Premises; (d) ensuring that no party encroaches upon the Premises; and (e) paying all operating costs of the Premises in the ordinary course of business. Tenant waives any right to require Landlord to maintain, repair or rebuild all or any part of the Premises or make repairs at the expense of Landlord pursuant to any Legal Requirements at any time in effect.
Condition of Premises; Maintenance. A. Tenant has owned and operated the Property for the previous twenty-seven (27) years has inspected, or had the opportunity to inspect, and knows and understands the condition of the Premises and the Property and hereby accepts the Premises “AS IS” and “WHERE IS” with no representation or warranty of Landlord as to the condition thereof. Tenant acknowledges the environmental condition of the Premises and the Property as set forth in the following environmental reports: Phase I Environmental Site Assessment report dated March 4, 2003, prepared by Pinnacle Engineering, Inc., Phase I Environmental Site Assessment report dated February 10, 2003, prepared by Pinnacle Engineering, Inc., for MedicalCV, Inc.; the Phase I Environmental Site Assessment report dated September 27, 1999, prepared by Pinnacle Engineering, Inc. for Medical, Inc.; and the Preliminary Environmental Subsurface Investigation dated March 10, 1992, prepared by Xxxxx Intertec Environmental, Inc., for Parsinen, Xxxxxx & Xxxx. Tenant shall keep all improvements now or hereafter located on or within the Premises in good, clean, sanitary, and working condition; and Tenant shall at all times at its own expense maintain, repair, and replace, as necessary, the Premises, including all portions of the Premises, whether or not the Premises were in such condition on the Commencement Date.
Condition of Premises; Maintenance. (a) The taking of possession of the Premises by Tenant conclusively establishes that Tenant accepts the Premises in their "as is, where is" condition and that the Premises are satisfactory to Tenant in all respects. Landlord agrees to deliver the space with HVAC, electrical, mechanical and plumbing in good working order. Landlord further agrees to have the restrooms in the back area operational and ADA compliant.
Condition of Premises; Maintenance. Lessee has inspected, or had the opportunity to inspect, the Premises and hereby accepts the Premises “AS IS” and “WHERE IS”, with no representation or warranty of Lessor as to the condition thereof, and subject to the existing state of facts which an accurate survey or physical inspection might reveal, and all Applicable Regulations now or hereafter in effect. Lessee shall (i) maintain the Premises in good condition and repair, subject to reasonable and ordinary wear and tear, free from actual or constructive waste, (ii) operate, remodel, update and modernize the Premises as deemed necessary or desired by Lessee, and (iii) pay all operating costs of the Premises in the ordinary course of business. Except as otherwise specifically provided herein, Lessee waives any right to (1) require Lessor to maintain, repair or rebuild all or any part of the Premises or (2) make repairs at the expense of Lessor, pursuant to any Applicable Regulations at any time in effect.
Condition of Premises; Maintenance. Lessee shall (i) maintain the Premises in good condition and repair, subject to reasonable and ordinary wear and tear and the condemnation and casualty provisions of this Lease, free from actual or constructive waste, and (ii) pay all maintenance and operating costs of the Premises in the ordinary course of business, including, without limitation, all maintenance costs or expenses with respect to the Permitted Exceptions. Lessee waives any right to (i) require Lessor to maintain, repair or rebuild all or any part of the Premises or (ii) make repairs at the expense of Lessor, pursuant to any Applicable Regulations at any time in effect.
Condition of Premises; Maintenance. 8.01 Notwithstanding anything to the contrary contained in this Lease, Landlord shall maintain, at Landlord’s sole cost and expense, in good appearance, maintenance and repair, the structural integrity of the roof and exterior walls of the building that comprises a part of the Improvements, and the detention ponds on the Premises, except for any such required maintenance and repairs resulting from Tenant’s negligent acts or omissions.
Condition of Premises; Maintenance. REPAIR; ALTERATIONS; AND HAZARDOUS SUBSTANCES AND CONDITION OF PREMISES AT END OF TERM: --------------------------------------------------------------
Condition of Premises; Maintenance. Tenant shall, at its own cost and expense, make and pay for all maintenance, repair, and replacement as may be reasonably necessary to keep the Premises in substantially the same condition as of the Effective Date (inclusive of slot machine purchases and conversions), normal wear and tear excepted and subject to the condemnation and casualty provisions of this Lease; provided that in no event shall Tenant be required to make any structural repairs or replacements to the Premises. Tenant waives any right to (i) require Landlord to maintain, repair or rebuild all or any part of the Premises or (ii) make repairs at the expense of Landlord, pursuant to any Applicable Regulations at any time in effect. Notwithstanding the foregoing, Tenant shall be entitled to first use amounts in the Reserve Account to cover all maintenance related costs and expenses, before using Tenant’s own funds; provided that Tenant shall notify Landlord in advance of performing any maintenance item an amount in excess of Ten Thousand and 00/100 Dollars ($10,000).
