Landlord Disclaimer. Except as may be otherwise in this Lease expressly provided, the Premises is being leased “AS IS,” with Tenant accepting all defects, if any; and except as otherwise in the Lease expressly provided, Landlord makes no warranty of any kind, express or implied, with respect to the Premises (without limitation, Landlord makes no warranty as to the habitability, fitness or suitability of the Premises for a particular purpose). This section is subject to any contrary requirements under applicable law, however, in this regard Tenant acknowledges that it has been or is being given the opportunity to inspect the Premises and to have qualified experts inspect the Premises prior to the execution of this Lease. Landlord is not in receipt of any notice from any governmental authority regarding a negative environment issue with respect to the Leased Premises and knows of no negative environment issue with respect to the Leased Premises.
Landlord Disclaimer. Except as expressly otherwise provided in this Construction Agreement or in any Lease, (i) Landlord shall have no responsibility for the design, engineering or construction of the Improvements or the maintenance or repair thereof, and (ii) Landlord makes no representation or warranty regarding the suitability or quality of the Improvements or any land entitlements.
Landlord Disclaimer. Notwithstanding anything to the contrary contained in the Lease the Landlord:
(a) consents to the security interest granted by the Tenant in favour of the Collateral Agents pursuant to the Mortgages;
(b) disclaims any interest in any goods or fixtures of the Tenant mortgaged, assigned or transferred by the Tenant pursuant to the Mortgages which may now be or may hereafter be located on or affixed to the lands and premises demised by the Lease for so long as the Mortgages shall be in effect or until surrender, cancellation or termination of the Lease.
Landlord Disclaimer. Tenant agrees that Landlord shall not be held liable for failure to supply to the Leased Premises any plumbing, heating, air conditioning service or Utility Services as herein defined unless such failure is due to negligence on the Landlord’s part. Landlord reserves the right to temporarily discontinue such services due to accidents, repairs, alterations or improvements, strikes, lockouts, riots, acts of God, or any event in which Landlord is unable to furnish same.
Landlord Disclaimer. Resident acknowledges that Landlord’s adoption of a non‐smoking living environment and the efforts to designate all or portions of the Property as non‐smoking does not in any way change the standard of care that the Landlord has under applicable law to render the Property any safer, more habitable or improved in terms of air quality standards than any other rental premises. Landlord specifically disclaims any implied or express warranties that the Property will have any higher or improved air quality standards than any other rental property. Landlord cannot and does not warranty or promise that the Property will be free from secondhand smoke. Resident acknowledges that Landlord’s ability to police, monitor or enforce this Addendum is dependent in significant part on voluntary compliance by Residents and Resident’s guests. Residents with respiratory ailments, allergies or other conditions relating to smoke are put on notice that Landlord does not assume any higher duty of care to enforce this Addendum than any other Landlord obligation under the renal agreement.
Landlord Disclaimer. Landlord makes no representations or warranties to Tenant concerning the physical condition or repair of the Landlord’s Real Property, the Houses, the Interim Soccer Fields, the Water System, or any improvements located on the Landlord’s Real Property and disclaims all representations and warranties of any kind concerning the Premises, including merchantability and fitness for any purpose or intended use.
Landlord Disclaimer. TENANT AGREES THAT LANDLORD SHALL NOT BE HELD LIABLE FOR FAILURE TO SUPPLY TO THE LEASED PREMISES ANY PLUMBING, HEATING, OR AIR CONDITIONING SERVICE, ELEVATOR SERVICE (IF APPLICABLE), JANITORIAL SERVICE OR LIGHTING SERVICE. LANDLORD RESERVES THE RIGHT TO TEMPORARILY DISCONTINUE SUCH SERVICES DUE TO ACCIDENTS, REPAIRS, ALTERATIONS OR IMPROVEMENTS, STRIKES, LOCKOUTS, RIOTS, ACTS OF GOD, OR ANY EVENT IN WHICH LANDLORD IS UNABLE TO FURNISH SAME. NO SUIT OR OTHER PROCEEDING SHALL BE COMMENCED BY TENANT AGAINST LANDLORD FOR DEFAULT OR BREACH OF ANY COVENANT OR CONDITION OF THIS LEASE, UNLESS OR UNTIL TENANT SHALL SERVE UPON LANDLORD WRITTEN NOTICE, SPECIFYING WITH PARTICULARITY WHEREIN SAID DEFAULT OR BREACH IS ALLEGED TO EXIST, AND LANDLORD SHALL FAIL TO PERFORM OR OBSERVE SAID COVENANT OR CONDITION, OR OTHERWISE FAIL TO REMEDY AND CURE SAID DEFAULT OR BREACH, WITHIN THIRTY (30) DAYS AFTER SERVICE UPON LANDLORD OF SAID NOTICE.
Landlord Disclaimer. (a) Except to the extent within its control, the Landlord shall not be liable for any bodily injury to or death of, or loss or damage to any property belonging to the Tenant or its employees, invitees or licensees or any other person in or about the Premises, Building or the Land and in no event shall the Landlord be liable for any consequential injury, economic or financial loss or damage relating thereto, or, without limitation,
(i) for any injury or damage of any nature whatsoever to any persons or property caused by the failure by reason of a breakdown or other cause, either directly or indirectly, to supply adequate drainage, snow or ice removal or by reason of the interruption of any public utility or other service, or in the event of gas, steam, water, rain, snow, ice or other substances leaking into, issuing or flowing from the water, steam, sprinkler or drainage pipes or plumbing of the Land, Building or the Premises or from any other place or quarter into any part of the Premises, or from any loss or damage caused by or attributable to the condition or arrangement of any electric or other wiring or for any damage caused by anything done or omitted to be done by any other tenant of the Building;
(ii) for any act or omission, including theft, malfeasance, or negligence on the part of any agent, contractor or person from time to time employed by the Landlord to perform security services, maintenance, supervision, cleaning or any other work or service in or about the Premises, Building or the Land;
(iii) for loss or damage, however caused, to money, securities, negotiable instruments, papers or other valuables of the Tenant, including any consequential loss or damage resulting therefrom; or
(iv) for loss or damage to any automobiles or their contents or for the unauthorized use by other tenants or strangers of any parking space allotted to the Tenant or for parking in or upon the Common Areas and Facilities; and the Tenant covenants to indemnify and does hereby indemnify the Landlord against and from all loss, costs, claims and demands in respect of any such injury, death or loss to it or its employees, invitees or licensees or any other person in or on the Land or Building for the purpose of attending at the Premises or the Land or Building in respect of any such damage to property belonging to or entrusted to the care of any of the aforementioned;
(b) The Landlord shall have no responsibility or liability for the failure to supply, if required to d...
Landlord Disclaimer. Except as may be otherwise in this Lease expressly provided, the Premises is being leased “AS IS,” with Tenant accepting all defects, if any; and except as otherwise in the Lease expressly provided, Landlord makes no warranty of any kind, express or implied, with respect to the Premises (without limitation, Landlord makes no warranty as to the habitability, fitness or suitability of the Premises for a particular purpose). This section is subject to any contrary requirements under applicable law, however, in this regard Tenant acknowledges CONFIDENTIAL TREATMENT REQUESTED Portions of this exhibits indicated by “(*[TEXT]*)” have been omitted pursuant to a request for confidential treatment and such omitted portions have been filed separately with the Securities and Exchange Commission. that it has been or is being given the opportunity to inspect the Premises and to have qualified experts inspect the Premises prior to the execution of this Lease. Landlord is not in receipt of any notice from any governmental authority regarding a negative environment issue with respect to the Leased Premises and knows of no negative environment issue with respect to the Leased Premises.
Landlord Disclaimer. Tenant acknowledges and agrees that, except as set forth herein, no representations or warranties have been made by Landlord or any person, firm or agent acting or purporting to act on behalf of Landlord, as to (i) the presence or absence on, under or affecting the Property of any particular materials or substances (including, without limitation, Hazardous Materials), (ii) the subsurface conditions of the Land or any portion thereof, (iii) the value, expense of operation or income potential of the Premises before, during or after completion of thereof, (iv) the accuracy or completeness of any title, survey, structural reports, environmental audits or other information provided to Tenant relative to the Property (regardless of whether the same were retained or paid for by Landlord), or (v) any other fact or condition which has or might affect the Premises or the condition, repair, value, expense of operation or income potential thereof.
