Common use of DEMISE; TITLE; CONDITION Clause in Contracts

DEMISE; TITLE; CONDITION. Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, subject to the terms hereof, all of Lessor's right, title and interest in (i) the parcel of land (the Land) described in Schedule A hereto, (ii) the Improvements and (iii) all easements, rights and appurtenances thereto (the Land, Improvements and all such easements, rights and appurtenances collectively called the Leased Property). The Leased Property is leased in its present condition without representation or warranty by Lessor. Lessee has examined the Leased Property and Lessor's title thereto, and has found the same to be satisfactory for all purposes. Lessee shall in no event have any recourse against Lessor for any defect in Lessor's title to the Leased Property or any interest of Lessee therein unless such defect is caused by the wrongful act or omission of Lessor. Subject to the provisions of this paragraph, Lessor hereby assigns, without recourse of warranty whatsoever, to Lessee, all Warranties and Permits. Such assignment shall remain in effect until the expiration or termination of this Lease and thereafter shall be null and void. Lessee shall notify in writing each Governmental Authority that has issued any Permit in the manner required by each such Governmental Authority of Lessee's occupancy of the Leased Property. Lessor shall also retain the right to enforce any Warranties assigned in the name of Lessee if an Event of Default exists. Lessor hereby agrees to execute and deliver, at Lessee's sole expense, such further documents, including powers of attorney, as Lessee may reasonably request in order that Lessee may have the full benefit of the assignment effected or intended to be effected by this paragraph. Upon the termination of this Lease, the Warranties and Permits shall automatically revert to Lessor. The foregoing provision of reversion shall be self-operative and no further instrument of reassignment shall be required. In confirmation of such reassignment Lessee shall, at its sole expense, execute and deliver promptly any certificate or other instrument which Lessor may reasonably request. Any monies collected by Lessee under any of the Warranties if an Event of Default exists shall be held in trust by Lessee and promptly paid over to Lessor.

DEMISE; TITLE; CONDITION. In consideration of the agreements and ------------------------ provisions of this Lease hereinafter stipulated to be observed and performed by Lessee, Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, subject to the terms and conditions hereinafter set forth, for the terms described in Article 2 hereof, all of Lessor's right, title and interest in (i) the parcel of land (fee simple interest or ground leasehold interest, as applicable, in each Land Parcel, including the Land) described fee interest in Schedule A heretoany Land Parcel as to which Lessor currently holds a ground leasehold interest, if such fee interest is hereafter acquired by Lessor; (ii) all buildings, structures, improvements and other real and personal property now standing or at any time hereafter constructed or placed upon any of the Land Parcels including, without limitation, all of Lessor's right, title and interest in and to all building equipment and fixtures of every kind and nature on each of the Land Parcels or in any such building, structure or improvement, together with any and all Additions (all of the foregoing described in this clause (ii), the Improvements to each Land Parcel); ------------ and (iii) all easements, rights and appurtenances thereto (Lessor's right, title and interest in each Land Parcel, the Land, Improvements and all such easements, rights and appurtenances collectively with respect thereto called the Leased Property). The --------------- Each Leased Property is leased demised and let in its present condition without representation or warranty by LessorLessor (except as expressly set forth in Article 18), subject in each case to (a) the rights of any parties in possession thereof, (b) the state of the title thereto existing at the time Lessor acquired its interest in such Leased Property and at the commencement of the Term, (c) any state of facts which an accurate survey or physical inspection might show, (d) all applicable laws, rules, regulations, ordinances and restrictions now in effect or hereafter adopted by any governmental authority having jurisdiction, (e) any environmental conditions now or hereafter existing at, on or under such Leased Property and (f) any violations of such laws, rules, regulations, ordinances and restrictions which may exist at the commencement of the Term of this Lease. Lessee has examined the each Leased Property and Lessor's title theretohas, as between Lessor and has Lessee, found the same to be satisfactory for all its purposes. Without limiting the generality of the foregoing, Lessee shall in no event have any recourse against Lessor for any defect in acknowledges and agrees that as of the date hereof, Lessor's title to the Leased Property or any interest in each of Lessee therein unless such defect Knolls Two Phase Three, Renaissance Business Park Phase I and Renaissance Business Park Phase II is caused by the wrongful act or omission of Lessora ground leasehold interest. Subject to the provisions of this paragraphLESSOR HAS NOT MADE AN INSPECTION OF ANY LEASED PROPERTY AND MAKES NO REPRESENTATION OR WARRANTY, Lessor hereby assignsEXPRESS OR IMPLIED, without recourse of warranty whatsoeverWITH RESPECT TO ANY LEASED PROPERTY WHETHER NOW OR HEREAFTER EXISTING OR THE LOCATION, to LesseeUSE, all Warranties and PermitsDESCRIPTION, DESIGN, MERCHANTABILITY, FITNESS FOR USE FOR A PARTICULAR PURPOSE, CONDITION OR DURABILITY THEREOF, OR AS TO QUALITY OF THE MATERIAL OR WORKMANSHIP THEREIN; AND ALL RISKS INCIDENTAL TO THE LEASED PROPERTIES SHALL BE BORNE BY LESSEE. Such assignment shall remain in effect until the expiration or termination of this Lease and thereafter shall be null and voidIN THE EVENT OF ANY DEFECT OR DEFICIENCY OF ANY NATURE IN ANY LEASED PROPERTY OR ANY FIXTURE OR OTHER ITEM CONSTITUTING A PORTION THEREOF, WHETHER PATENT OR LATENT, LESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY WITH RESPECT THERETO. Lessee shall notify in writing each Governmental Authority that has issued any Permit in the manner required by each such Governmental Authority of Lessee's occupancy of the Leased Property. Lessor shall also retain the right to enforce any Warranties assigned in the name of Lessee if an Event of Default exists. Lessor hereby agrees to execute and deliverTHE PROVISIONS OF THIS PARAGRAPH HAVE BEEN NEGOTIATED AND ARE INTENDED TO BE A COMPLETE EXCLUSION AND NEGATION BY LESSOR OF, at Lessee's sole expenseAND LESSEE DOES HEREBY DISCLAIM ANY AND ALL WARRANTIES BY LESSOR, such further documentsEXPRESS OR IMPLIED, including powers of attorneyWITH RESPECT TO THE LEASED PROPERTIES WHETHER NOW OR HEREAFTER EXISTING OR ANY FIXTURE OR OTHER ITEM CONSTITUTING A PORTION THEREOF, as Lessee may reasonably request in order that Lessee may have the full benefit of the assignment effected or intended to be effected by this paragraph. Upon the termination of this Lease, the Warranties and Permits shall automatically revert to Lessor. The foregoing provision of reversion shall be self-operative and no further instrument of reassignment shall be required. In confirmation of such reassignment Lessee shall, at its sole expense, execute and deliver promptly any certificate or other instrument which Lessor may reasonably request. Any monies collected by Lessee under any of the Warranties if an Event of Default exists shall be held in trust by Lessee and promptly paid over to LessorWHETHER ARISING PURSUANT TO THE UNIFORM COMMERCIAL CODE OR ANY OTHER LAW NOW OR HEREAFTER IN EFFECT OR OTHERWISE.

DEMISE; TITLE; CONDITION. Lessor In consideration of the agreements and provisions of this Lease hereinafter stipulated to be observed and performed by Tenant, Landlord hereby leases demises and lets to LesseeTenant, and Lessee Tenant hereby leases from LessorLandlord, subject to the terms and conditions hereinafter set forth, for the term described in Article 2 hereof, all of Lessor's right, title and interest in (i) the parcel parcels of land (the Land) described in Schedule A hereto, annexed hereto (ii) the Improvements together with all buildings and (iii) improvements located thereon and all easements, rights easements and appurtenances thereto (thereto, individually the Land"Parcel"; collectively, Improvements and all such easements, rights and appurtenances collectively called the "Leased Property"). The Leased Property is leased demised and let in its present condition without representation or warranty by LessorLandlord, subject to (a) the rights of any parties in possession thereof, (b) the state of the title thereto existing at the time Landlord acquired title to the Leased Property, (c) any state of facts which an accurate survey or physical inspection might show, (d) all applicable laws, rules, regulations, ordinances and restrictions now in effect, and (e) any violations of such laws, rules, regulations, ordinances and restrictions which may exist at the commencement of the Term of this Lease. Lessee Tenant has examined the Leased Property Property, and LessorLandlord's title thereto, and has found the same to be satisfactory satisfactory. Landlord has not made an inspection of the Leased Property and makes no representation or warranty, express or implied, with respect to same or the location, use description, design, merchantability, fitness for use for a particular purpose, condition or durability thereof, or as to quality of the material or workmanship therein; and all purposesrisks incidental to the Leased Property shall be borne by Tenant. Lessee shall in no In the event have any recourse against Lessor for of any defect or deficiency of any nature in Lessor's title to the Leased Property or any interest of Lessee therein unless such defect fixture or other item constituting a portion thereof, whether patent or latent, neither Landlord nor Landlord's mortgagee shall have any responsibility or liability with respect thereto. THE PROVISIONS OF THIS PARAGRAPH HAVE BEEN NEGOTIATED AND ARE INTENDED TO BE A COMPLETE EXCLUSION AND NEGATION BY LANDLORD OF, AND LANDLORD DOES HEREBY DISCLAIM ANY AND ALL WARRANTIES BY LANDLORD EXPRESS OR IMPLIED, WITH RESPECT -1- TO THE LEASED PROPERTY OR ANY FIXTURE OR OTHER ITEM CONSTITUTING A PORTION THEREOF, WHETHER ARISING PURSUANT TO THE UNIFORM COMMERCIAL CODE OR ANY OTHER LAW NOW OR HEREAFTER IN EFFECT OR OTHERWISE. This Lease is caused by the wrongful act or omission of Lessor. Subject to the provisions of this paragraph, Lessor hereby assigns, without recourse of warranty whatsoever, to Lessee, all Warranties and Permits. Such assignment shall remain in effect until the expiration or termination of this Lease and thereafter shall be null and void. Lessee shall notify in writing each Governmental Authority that has issued any Permit in the manner required by each such Governmental Authority of Lessee's occupancy of superior to all mortgages, which now or hereafter affect the Leased Property, and to all renewals, modifications, consolidations, replacements, and extensions thereof. Lessor shall also retain the right to enforce any Warranties assigned in the name of Lessee if an Event of Default exists. Lessor hereby agrees to execute and deliver, at Lessee's sole expense, such further documents, including powers of attorney, as Lessee may reasonably request in order that Lessee may have the full benefit of the assignment effected or intended to be effected by this paragraph. Upon the termination of this Lease, the Warranties and Permits shall automatically revert to Lessor. The foregoing provision of reversion This clause shall be self-operative and no further instrument of reassignment superiority shall be required. In confirmation of such reassignment Lessee shall, at its sole expense, execute and deliver promptly any certificate or other instrument which Lessor may reasonably request. Any monies collected by Lessee under any of the Warranties if an Event of Default exists shall be held in trust by Lessee and promptly paid over to Lessor.