Common use of Disclaimers and Limitations Clause in Contracts

Disclaimers and Limitations. As to Lessor, Lessee leases the Equipment and finances the Soft Cost Items As-Is, Where-Is, and on a nonrecourse basis. Whenever Lessee is entitled to Lessor’s interest in any Equipment, Lessor will assign such Equipment As-Is, Where-Is, except that Lessor will warrant the absence of any encumbrances by, through, or under Lessor. Lessor disclaims any other representation or warranty, including with respect to the design, compliance with specifications, durability, quality, operation, or condition of the Equipment or Soft Cost Items, title, the merchantability of the Equipment or Soft Cost Items, the fitness of the Equipment or Soft Cost Items for particular purposes, status of this Lease for tax or accounting classification purposes, or issues regarding patent, trademark, or copyright infringement or the like. Lessor will not be considered to have made any statement, representation, warranty, or promise made by Seller, and neither Seller nor Lessor shall be considered to be an agent of the other. Lessor will have no liability to Lessee, or its customers, or any other persons, for damages or specific performance arising out of this Lease or concerning any Equipment or Soft Cost Items, including direct, indirect, special, or consequential damages, or damages based on strict or absolute tort liability. However, Lessor shall remain liable to Lessee, in a separate action at law, for direct damages resulting from Lessor’s negligence, willful misconduct, or breach of Lease. This Lease is intended to be a finance lease as defined in the Uniform Commercial Code—Leases (Article 2A) and to be governed solely by its terms. This Lease, the parties’ performance of this Lease, and their other actions relating to this Lease are to be considered so as to give the fullest possible effect to such intent. To the extent permitted by law, Lessee and Lessor agree that this Lease shall be treated as a finance lease. This section does not affect Lessee’s rights against persons other than Lessor, including Seller and Manufacturer.

Disclaimers and Limitations. As to Lessor, Lessee leases the Equipment and finances the Soft Cost Items from Lessor As-Is, Where-Is, and on a nonrecourse basis, and without warranty (other than the warranty of quiet enjoyment provided in Section 23 below). Whenever Lessee purchases or is otherwise entitled to Lessor’s interest in any Equipment, : (a) Lessor will assign such Equipment As-Is, Where-Is, except that and without warranty, but without limiting Lessor ’s assignment of warranties under Section 12 above, and Lessor will nonetheless warrant the absence of any encumbrances by, through, or under Lessor. ; and (b) Lessor disclaims any other representation or warranty, including will provide Lessee with respect Lessor’s standard bill of sale to the design, compliance with specifications, durability, quality, operation, or condition of the Equipment or Soft Cost Items, title, the merchantability of the Equipment or Soft Cost Items, the fitness of the Equipment or Soft Cost Items for particular purposes, status of this Lease for tax or accounting classification purposes, or issues regarding patent, trademark, or copyright infringement or the likeforegoing effect on request. Lessor will not be considered liable in damages to have made any statementLessee for Lessor’s negligence, representation, warrantywillful misconduct, or promise made by Sellerbreach in performing this Lease, but Lessee may only pursue any such remedy in a separate action at law for direct damages, and neither Seller nor Lessor shall be considered to be an agent of the other. Lessor will have no other liability under or relating to this Lease or the Equipment to Lessee, or its customers, or any other persons, including for specific performance of this Lease, or for damages of any kind based on strict or specific performance arising out of this Lease absolute tort liability, or concerning any Equipment or Soft Cost Items, including direct, for indirect, special, or consequential damages. In no event will Lessor have any liability in of any kind to Lessee or any other person as to any programs or data residing on or accompanying any Equipment at any time, including upon any Equipment’s return to or repossession by Lessor. Except to the extent of Lessee’s obligations for Claims and Taxes under this Lease, and without limiting its liability for any amounts included in the Rental Payments, Lessor’s Return, or damages based on strict other amounts that may from time to time be or absolute tort liability. Howeverscheduled to become due under this Lease, Lessor shall remain liable Lessee will have no other liability under this Lease or relating to Lesseethe Equipment for indirect, in a separate action at law, for direct damages resulting from Lessor’s negligence, willful misconductspecial, or breach of Leaseconsequential damages. This Lease is intended hereby agreed to be a statutory finance lease (as defined in Article 2A of the Uniform Commercial Code—Leases (Article 2A) and to be governed solely by its terms, excluding all contrary provisions of law (other than mandatory provisions law the parties cannot lawfully waive). This Lease, the parties’ performance of this Lease, and their other actions relating to this Lease are to be considered so as to give the fullest possible effect to such intentagreement. To the extent permitted by law, Lessee and Lessor agree that Nothing in this Lease shall be treated as a finance lease. This section does not is intended to affect LesseeXxxxxx’s rights (enforceable only in a separate action at law for damages) against persons other than Lessorany third party, including Seller the maker(s) of any of the promises and Manufacturerwarranties assigned to Lessee under Section 12 above.

Disclaimers and Limitations. As to Lessor, Lessee leases the Equipment and finances the Soft Cost Items As-Is, Where-Is, and on a nonrecourse basis. Whenever Lessee is entitled to Lessor’s interest in any Equipment, Lessor will assign such Equipment As-Is, Where-Is, except that Lessor will warrant the absence of any encumbrances by, through, or under Lessor and, on request, provide Lessee with Lessor’s standard bill of sale to the foregoing effect. Lessor disclaims any other representation or warranty, including with respect to the design, compliance with specifications, durability, quality, operation, or condition (whether discoverable or not) of the Equipment or Soft Cost Items, title, the merchantability of the Equipment or Soft Cost Items, the fitness of the Equipment or Soft Cost Items for particular purposes, status of this Lease for tax or accounting classification purposes, or issues regarding the design or operation of the Equipment or infringement of industrial or intellectual property rights of any person or any patent, trademark, or copyright infringement or the like. Lessor will not be considered to have made any statement, representation, warranty, or promise made by Seller, and neither Seller nor Lessor shall be considered to be an agent of the other. Lessor will have no liability to Lessee, or its customers, or any other persons, for damages or specific performance arising out of this Lease or concerning any Equipment or Soft Cost Items, including direct, indirect, special, or consequential damages, or damages based on strict or absolute tort liability, and also as to any programs or data residing on any Equipment at any time, including upon return to or repossession by Lessor. However, Lessor shall remain liable to Lessee, in a separate action at law, for direct damages resulting from LessorXxxxxx’s negligence, willful misconduct, or breach of Lease. This Lease is intended to be a finance lease as defined in the Uniform Commercial Code—Leases (Article 2A) and to be governed solely by its terms. This Lease, the parties’ performance of this Lease, and their other actions relating to this Lease are to be considered so as to give the fullest possible effect to such intent. To the extent permitted by law, Lessee Xxxxxx and Lessor agree that this Lease shall be treated as a finance lease. This section does not affect LesseeXxxxxx’s rights against persons other than Lessor, including Seller and Manufacturer.