Initial Condition. The Licensee acknowledges that it has inspected the Licensed Premises and the Licensor's Office Equipment and accepts the Licensed Premises and the Licensor's Office Equipment in their "as is" condition on the date of this Agreement. The Licensee further acknowledges that, other than the Licensor's express representations and warranties in this Agreement, if any, the Licensor and its representatives do not make any representations or warranties, express or implied, of any kind, about the Licensed Premises, Property, Licensor's Office Equipment, Licence, this Agreement, or any other matter or thing, including, without limitation, none as to the zoning, fitness or condition of the Licensed Premises for the Permitted Use or for any other purpose nor of the Property and Premises for any purpose.
Initial Condition. The Licensee acknowledges that it has inspected the Premises and accepts the Premises in their “as is” condition on the date of this Agreement. The Licensee further acknowledges that the Licensor and its representatives do not make any representations or warranties, express or implied, of any kind, about the Premises, the Property, the Licence, this Agreement, or any other matter or thing, including, without limitation, none as to the zoning, fitness or condition of the Property and the Premises for the Permitted Use or for any other purpose.
Initial Condition. Tenant's taking possession of the Premises shall be ----------------- conclusive evidence that the Premises were in good order and satisfactory condition when Tenant took possession. No agreement of Landlord to alter, remodel, decorate, clean or improve the Premises or the Building (or to provide Tenant with any credit or allowance for the same), and no representation regarding the condition of the Premises or the Building, have been made by or on behalf of Landlord or relied upon by Tenant, except as stated in the Work Letter Agreement attached hereto as Exhibit C.
Initial Condition. Except as set forth in Section 7.4 below, Tenant agrees to accept the Premises in an absolutely “as-is” condition, and Tenant acknowledges that Landlord, its agents, attorneys, representatives and employees have not and do not make any representations or warranties, express or implied, to Tenant regarding the Premises, including, but not limited to: (i) the zoning of the Premises; (ii) the condition of any underground, above ground or surface improvements; (iii) the size, area, use or type of the Premises or the fitness of the Premises for any intended or particular use; (iv) the nature of the soil on and underlying the Premises or its suitability for development or any other use thereof; (v) any financial information pertaining to the operation of the Premises; (vi) the status of any Requirements or obligations imposed, implied or to be undertaken by the owner or developer of the Premises pursuant to any zoning, subdivision, development laws or agreements with any governmental entities; (vii) the presence or absence of any toxic wastes, hazardous materials or structural defects in, on or under the Premises or any improvements thereon; or (viii) the presence or absence of any rights of any governmental authority, or of owners of property in the vicinity of the Premises, to obtain reimbursement, recapture or special assessments from any owner of the Premises for all or a portion of the cost of any utilities, roads or other improvements heretofore or hereafter located on or in the vicinity of the Premises (and if such rights exist, Tenant agrees to pay all sums due pursuant thereto, it being expressly acknowledged and agreed that, Tenant hereby waives any claim Tenant may have or may hereafter acquire against Landlord, its agents, attorneys, representatives or employees for said costs), any and all such representations and warranties, express or implied, being hereby expressly waived by Tenant and disclaimed by Landlord. 9 7.4
Initial Condition. Except for items of Landlord’s Work as set forth on Exhibit C, Tenant acknowledges that it is leasing the Premises in its “AS IS”, “WHERE IS” condition. Landlord represents that to its actual knowledge (i) all existing mechanical systems, plumbing, sewer, water, and window systems are in working order and (ii) that at the time delivery of possession the Premises will be in compliance with all applicable laws and regulations, including applicable building codes. Except for items of Landlord’s Work, Landlord shall not be required to perform any improvements or to rework, remodel or recondition the Premises in any manner whatsoever for Tenant’s use and occupancy thereof. Xxxxxx’s taking possession of the Premises shall be conclusive evidence that Xxxxxx accepts the Premises and that they are in satisfactory condition. Landlord and Xxxxxx agree that Xxxxxxxx will be responsible for the first Twenty Thousand Dollars of the cost of Landlord’s Work, and Tenant shall be responsible to pay to Landlord all sums in excess of the initial $20,000. Landlord will bill Tenant for the remaining cost of Landlord’s Work, and Tenant shall pay to Landlord the amount so invoiced within thirty
Initial Condition. Except for the completion and performance of Punchlist items remaining in Landlord’s Work under the Design-Build Agreement (which shall not in any manner alter or extend the Rent Commencement Date) and subject to warranties of design, workmanship and materials undertaken and/or granted by contractors and/or suppliers in connection therewith (breach of which will not affect Tenant’s obligations hereunder), at the Delivery Date, and without assuming or accepting any obligation or liability to any third party in respect of any latent defect, Tenant agrees to accept possession of the Premises in its “as-is”, “where-is” and “with-all-faults” condition, and Tenant acknowledges that Landlord, its agents, attorneys, representatives and employees have not and do not make any representations or warranties, express or implied, to Tenant regarding the Premises, including, but not limited to:
Initial Condition. After the Substantial Completion Date, Tenant assumes responsibility for inspecting the Leased Premises before accepting occupancy to determine that: (i) the Landlord’s Work have been completed in accordance with the Plans and Specifications and this Lease; and (ii) the Leased Premises complies with this Lease and all applicable laws. Within fifteen (15) days after the date of Substantial Completion, Tenant shall execute and deliver to Landlord a certificate (“Acceptance Letter”), stating that Tenant has accepted the Leased Premises, subject to the identified Punch List Items, or any lesser list of items from the list of Punch List Items which remain incomplete and are identified in the Acceptance Letter. Landlord shall promptly correct any such remaining Punch List Items after receipt of the Acceptance Letter. Landlord shall promptly complete any Punch List Items within sixty (60) days after the Substantial Completion Date. Upon completion of all Punch List Items, Landlord shall, to the extent assignable, assign to Tenant all warranties which: (i) may be extended to Landlord by manufacturers, suppliers, or contractors in connection with the completion of the Landlord’s Work; and (ii) cover those parts of the Leased Premises which Tenant is obligated to maintain under Section 9 below. Any such assignment of warranties will be made with a reservation of rights in favor of the Landlord to afford Landlord an on-going and continuing right to enforce performance of those warranties by the applicable parties that issued those warranties, in pari passu with the rights of the Tenant to enforce those warranties.
Initial Condition. Taking of possession of the Premises by the Tenant shall be conclusive evidence that the Tenant accepts the Premises in "as is" condition and the Premises and the Building were in good and satisfactory condition at the time possession was taken. Tenant understands and agrees, except as stated in Exhibit "A", that the Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and that no representations respecting the condition of the Premises, the Land or the Building has been made by the Landlord except as specifically contained in this Lease.
Initial Condition. Tenant assumes responsibility for inspecting the Leased Premises before accepting occupancy to determine that: (i) the Tenant Finish Work have been completed in accordance with the Plans and Specifications and this Lease; and (ii) the Leased Premises complies with this Lease and all applicable laws. On the Commencement Date, Tenant shall execute and deliver to Landlord a certificate (“Acceptance Letter”), stating that Xxxxxx has accepted the Leased Premises, subject to the identified Punch List Items, or any lesser list of items from the list of Punch List Items which remain incomplete and are identified in the Acceptance Letter. Landlord shall promptly correct any such remaining Punch List Items after receipt of the Acceptance Letter. Landlord shall promptly complete any Punch List Items within sixty (60) days after the Substantial Completion Date.
Initial Condition. Tenant’s taking possession of the Premises shall be conclusive evidence that the Premises were in good order and satisfactory condition when Tenant took possession, subject to latent defects specified in a written notice given by Tenant to Landlord during the first eleven (11) months of the Term (failure of Tenant to timely notify Landlord of any such latent defects shall be deemed a waiver and acceptance by Tenant of such latent defects). No agreement of Landlord to alter, remodel, decorate, clean or improve the Premises or the Building (or to provide Tenant with any credit or allowance for the same), and no representation regarding the condition of the Premises or the Building, have been made by or on behalf of Landlord or relied upon by Tenant, except as stated in the Work Letter.
