Condition of Title and of Premises. Tenant represents that the Property, the Lot and the Premises, the title thereto, the zoning thereof, the street or streets, sidewalks, parking areas. curbs and access ways adjoining them, any surface and subsurface conditions thereof, and the present uses and non-uses thereof, have been examined by Tenant, and Tenant accepts them in the condition or state in which they now are, or any of them now is, without relying on any representation, covenant or warranty, express or implied, in fact or in law, by., Landlord and without recourse to Landlord, as to the title thereto, the encumbrances thereon, (lie appurtenances thereto, file nature, condition or usability thereof or the use or uses to which the Premises and the Property or any part thereof may be put, except as to work to be performed by Landlord pursuant to Article 2 hereof. Tenant's occupancy of the Premises shall constitute acceptance of the work performed by Landlord pursuant to Article 2 hereof.
Condition of Title and of Premises. Tenant represents that the Property, the Lot and the Premises, the street or streets, sidewalks, parking areas, curbs and access ways adjoining them, any surface conditions thereof, and the present uses and non-uses thereof, have been examined by Tenant, and Tenant accepts them in the condition or state in which they now are, or any of them now is, without relying on any representation, covenant or warranty, express or implied, in fact or in law, by Landlord and without recourse to Landlord as to the nature, condition or usability thereof or the use or uses to which the Premises and the Property or any part thereof may be put.
Condition of Title and of Premises. 28.1. Landlord represents and warrants that it has good and marketable title to the Premises, subject only to such exceptions as are set forth on EXHIBIT K attached hereto (the "Permitted Encumbrances"). Tenant warrants that it has inspected the marketability of title and accepted the same. Landlord covenants and agrees that the Facility's HVAC systems and other Process Facility Systems (as defined in the Construction Addendum) shall be in good working order and in full compliance with Applicable Laws upon the delivery of the Premises to Tenant.
28.2. Notwithstanding the foregoing, Landlord agrees that, upon completion of the Facility, Landlord shall prepare and deliver to Tenant copies of all warranties and guaranties relating to the construction thereof and all systems, machinery and equipment (including the Equipment) contained therein. Landlord agrees to obtain the warranties and guaranties set forth on EXHIBIT L attached hereto. To the extent permitted by such warranties and guaranties, Landlord shall assign the same to Tenant. To the extent not so permitted, Landlord shall forward to Tenant the benefit of and right to enforce the same in Landlord's name. Notwithstanding any previous assignment to Tenant, Landlord shall have the right to enforce on its own behalf and with respect to its own obligations, any warranty or guaranty relating to the Facility and all systems, machinery, and equipment contained therein.
28.3. In the event that (i) there shall be any defect(s) in workmanship, materials, or design, with respect to any portion of the Work (as defined in the Construction Addendum), (ii) except in the case of an Emergency, Tenant shall have attempted in good faith, for a period of at least one (1) month, to enforce the above described warranties or guaranties that are applicable to the defect(s) in workmanship, materials, or design, and (iii) the party originally providing the warranty or guaranty shall refuse or fail to honor or perform the warranty or guaranty, then Landlord agrees that it shall, at its sole cost and expense and with all due diligence, repair, replace or correct, or cause to be repaired, replaced or corrected any defect(s) in workmanship, materials, or design, with respect to any portion of the Work, specified in a written notice or notices given by Tenant to Landlord within the applicable period of such original warranty or guaranty. Landlord shall have no obligation to Tenant under this Section 28.3 after the expiration of any...
Condition of Title and of Premises. Tenant represents that the Property, the Lot and the Premises, the zoning thereof, the street or streets, sidewalks, parking areas, curbs and access ways adjoining them, any surface and sub-surface conditions thereof, and the present uses and non-uses thereof, have been examined by Tenant, and Tenant accepts them in the condition or state in which they now are, or any of them now is, without relying on any representation, covenant or warranty, express or implied, in fact or in law, by Landlord and without recourse to Landlord, the appurtenances thereto, the nature, condition or usability thereof or the use or uses to which the Premises and the Property or any part thereof may be put, except as to work to be performed by Landlord pursuant to Article 2 hereof.
Condition of Title and of Premises. (a) Tenant represents that the Premises. the title thereto, the zoning thereof, the street or streets, sidewalks, parking areas, curbs and access ways adjoining them, any surface and sub-surface conditions thereof, and the present uses and non-uses thereof, have been examined by Tenant, and Tenant accepts them in the condition or state in which they now are, or any of them now is, without relying on any representation, covenant or warranty, express or implied, in fact or in law, by Landlord and without recourse to Landlord, as tot e title thereto, the encumbrances thereon. the appurtenances thereto, the nature, condition or usability thereof or the use or uses to which the Premises or any part thereof may be put, except basic work to be performed by Landlord pursuant to Article 2 hereof. Tenant's occupancy of the Premises shall constitute acceptance of the work performed by Landlord pursuant to Article 2 hereof.
(b) Tenant shall not suffer or permit the Premises or any portion thereof to be used by the public without restriction or in such manner as might reasonably tend to impair Landlord's title to the Premises or in such manner as might reasonably make possible a claim or claims of adverse usage or adverse possession by the public, as such, or of implied dedication or the Premises or any portion thereof.
Condition of Title and of Premises. Tenant agrees that the Premises, the title thereto, all encumbrances thereon, the Recorded Agreement, the zoning thereof, the street or streets, sidewalks, parking areas, curbs and access ways adjoining them, any surface and subsurface conditions thereof, and the permitted uses and restrictions on the uses thereof, have been examined by, and/or are known to, Tenant; and Tenant accepts the Premises without representation, covenant or warranty, express or implied, in fact or in law, by Landlord and without recourse to Landlord, as to the title to the Premises, the encumbrances thereon, the Recorded Agreement, the zoning of the Premises, the street or streets, sidewalks, parking areas, curbs and access ways adjoining the Premises, any surface or subsurface conditions thereof, the nature, condition or usability thereof or the use or uses to which the Premises or any part thereof may be put and any restrictions on the uses of the Premises.
Condition of Title and of Premises. Lessor represents and warrants that Lessor is owner of the Premises free and clear of any claims, liens or encumbrances except as set forth in Exhibit "D" attached as a part of this Lease; that the Premises have direct and unencumbered access to Terrx Xxxve, which is a publicly dedicated thoroughfare; that all public utilities necessary for the operation of Lessee's current business activities are available at the Premises; that the zoning laws, any private restrictions applicable to the Premises and the physical condition of the Premises permit and are suitable for the operation of Lessee's current business activities and related uses without unusual requirements or undue burdens or risk; that Lessor will keep the Premises free of any private restrictions which prohibit these uses; and that Lessor has good and sufficient right to make this Lease for the term and upon the conditions stated in this Lease.
Condition of Title and of Premises. (a) Tenant represents that the Premises, the zoning thereof, the street or streets, sidewalks, parking areas, curbs and access ways adjoining them, any surface conditions thereof, and the present uses and non-uses thereof have been examined by Tenant, and Tenant accepts them in the condition or state in which they now are, or any of them now is, without relying on any representation, covenant or warranty, express or implied, in fact or in law, by Landlord and without recourse to Landlord as to the nature, condition or usability thereof or the use or uses of which the Premises or any part thereof may be put, except as to work to be performed by Landlord pursuant to Article 2 hereof. Subject to the completion of a mutually agreed upon punchlist of items need correction.
Condition of Title and of Premises. Tenant represents that the Property and the Premises, the title thereto, the zoning thereof, the street or streets, sidewalks, parking areas, curbs and access ways adjoining them, any surface and sub-surface conditions thereof, and the present uses and non-uses thereof, have been examined by Tenant and Tenant accepts them in the condition or state in which they now are, or any of them now is, without relying on any representation, covenant or warranty, express or implied, in fact or in law, by Landlord and without recourse to Landlord, as to the title thereto, the encumbrances thereon, the appurtenances thereto, the nature, condition or usability thereof or the use or uses to which the Premises and the Property or any part thereof may be put under present zoning ordinances or otherwise, except as to work to be performed by Landlord pursuant to Section 3. Tenant's occupancy of the Premises shall constitute acceptance of the Work performed by Landlord pursuant to Section 3. Landlord makes no warranties or representations, express or implied, with respect to the condition of the Building or the surface or subsurface condition of the Property.
Condition of Title and of Premises. Landlord represents that it is ---------------------------------- the owner of the Tract and that the use specified in this Lease is permitted by the zoning regulations of Lower Providence Township applicable to the Tract.