Landlord Warranty. Except for Landlord’s obligation to perform Landlord’s Work as set forth in Section 27, the warranties hereinafter set forth, any punchlist items determined pursuant to the procedures of the Workletter Agreement and subject to Section 7, Tenant shall accept the Premises and Building, except as set forth in this Section 4.C, “as is”, and Tenant acknowledges that Landlord has made no representations or warranties as to the condition of the Premises or the Building, express or implied, and that Landlord shall not be required to make any improvements to the Premises or the Building to ready the same for Tenant’s occupancy, except as expressly set forth this Lease. Except for Landlord’s performance of Landlord’s Work, all work desired by Tenant of the Premises to ready the same for Tenant’s initial occupancy shall be performed by Tenant in accordance with the terms and conditions of Section 12. The acceptance, by Tenant of the Building “as is”, shall not, however, relieve Landlord from any of Landlord’s repair or maintenance obligations with respect to the Building under this Lease. Landlord shall, however, procure from its contractors and subcontractors, and make Tenant an intended third party beneficiary of, all warranties received by Landlord from the contractor, subcontractors, and suppliers performing the Tenant Improvements (as defined in Section 27) (collectively, the “CONTRACTOR WARRANTIES”) required by the Construction Documents (as defined in the Workletter Agreement) and, in addition, Landlord shall upon Substantial Completion, provide Tenant with a one (1) year warranty with respect to the construction of the Landlord’s Work from Landlord which shall be identical in form and substance to the warranty received by Landlord from its general contractor with respect to Landlord’s Work (“LANDLORD WARRANTY”). In addition, Landlord shall, at Tenant’s request, upon expiration of the Landlord Warranty, assign to Tenant all unexpired Contractor Warranties and shall diligently enforce all Contractor Warranties which have not been assigned to Tenant.
Landlord Warranty. Landlord warrants the Tenant Improvements against defective workmanship and materials for a period of one (1) year following the Substantial Completion thereof. Landlord’s sole obligation under this warranty is to repair or replace, as necessary, any defective item of the Tenant Improvements caused by poor workmanship or materials if Tenant notifies Landlord of the defective item during such one year period of time; Landlord shall have no obligation to repair or replace any item after such timeframe. Notwithstanding the foregoing, Landlord shall not be obligated to perform any maintenance or repairs to the extent made necessary by the modification, failure to maintain, misuse, negligence or willful misconduct of Tenant, its employees, agents, customers or contractors.
Landlord Warranty. The Landlord, at Landlord's sole cost and expense, will warrant that the building and all building systems and sub-systems are in good working condition. In the event that the premise is not in compliance with any code or other legal requirement (including without limitation Title 24 and ADA requirements) and compliance is required by governmental or other authority, Landlord shall be fully responsible for such compliance. The Tenant Improvement Allowance will not be used for these purposes.
Landlord Warranty. The Landlord warrants that: the Landlord has sufficient title to grant this lease. the Permitted Use is not in breach of any of the third party rights of which the Landlord is aware; and exercise of the rights granted by this lease will not conflict with or be in breach of any third party rights granted by the Landlord The Landlord will co-operate with the Tenant in extending the operation of any existing parking enforcement scheme the Landlord operates from time to time to enforcing the parking restrictions within the vicinity of the Premises. If requested to do so by the Tenant due to the requirements of a telecommunications provider or distribution network provider in relation to the use of the Premises the Landlord shall (subject to the Tenant paying the Landlord’s reasonable and proper costs incurred in doing so) together with the Tenant enter into a wayleave or such other form of consent with a telecommunications provider or distribution network provider in such form as shall be approved by the Landlord (such approval not to be unreasonably withheld or delayed) and the Tenant shall indemnify the Landlord for any liability incurred in relation to the same.
Landlord Warranty. Landlord warrants and represents that Landlord has no actual knowledge of any Hazardous Materials which are not disclosed in the Phase I Environmental Analysis of the Property (the "Phase I Report") which Landlord has provided to Tenant. As used herein, the phrase "actual knowledge" shall mean the actual knowledge of Xxxxx X. Xxxxxxx without investigation or inquiry or duty of investigation or inquiry. Xxxxx X. Xxxxxxx is making such representation and warranty on behalf of Landlord and not in his individual capacity and, as a result, Landlord (and not such individual) shall be liable in the event of a breach of this representation. Tenant acknowledges that, other than the Phase I Report, Landlord has not conducted any other investigations regarding the environmental condition of the Property.
Landlord Warranty. Landlord warrants Tenant’s Improvements against defective workmanship and materials for a period of one (1) year after Substantial Completion. Landlord’s sole obligation under this warranty is to repair or replace, as necessary, any defective item caused by poor workmanship or materials if Tenant notifies Landlord of the defective item within such one (1) year period. Landlord has no obligation to repair or replace any Item after such one year period expires. THE WARRANTY TERMS PROVIDE THE SOLE AND EXCLUSIVE RIGHT AND REMEDY OF TENANT AGAINST LANDLORD AND/OR CONTRACTOR FOR INCOMPLETE OR DEFECTIVE WORKMANSHIP OR MATERIALS OR OTHER DEFECTS IN THE PREMISES IN LIEU OF ANY CONTRACT, WARRANTY OR OTHER RIGHTS, WHETHER EXPRESS OR IMPLIED, THAT MIGHT OTHERWISE BE AVAILABLE UNDER APPLICABLE LAW AND ALL SUCH OTHER RIGHTS ARE EXPRESSLY WAIVED BY TENANT. ALL OTHER WARRANTIES ARE EXPRESSLY DISCLAIMED. The Basic Rent and any Additional Rent shall not be reduced and Landlord shall not be liable under any circumstances for a loss of, or injury to, property, loss of profits, or for injury to or interference with Tenant’s business arising from or in connection with the making of or Landlord’s failure to make any repairs, maintenance, alterations or improvements in or to any portion of the Premises or in or to fixtures, appurtenances and equipment therein, as a result of the foregoing warranty of Landlord. Notwithstanding the foregoing, Landlord shall not be obligated to perform any maintenance or repairs to the extent made necessary by the modification, failure to maintain, misuse, negligence or willful misconduct of Tenant, its employees, agents, customers, invitees, permittees, licensees or contractors.
Landlord Warranty. 4.1 The Landlord warrants that:
(a) the Landlord has sufficient title to grant this lease.
(b) the Permitted Use is not in breach of any of the third party rights of which the Landlord is aware; and
(c) exercise of the rights granted by this lease will not conflict with or be in breach of any third party rights granted by the Landlord
Landlord Warranty. Landlord warrants that, to its actual knowledge as of the date of this Lease, there are no Hazardous Materials located on the Premises in violation of applicable Law.
Landlord Warranty. (REFERENCE PARAGRAPH 14) Landlord warrants, to the best of Landlord’s knowledge that as of the date of execution of the lease the subject building complies with all building codes and that there are no violations pending. All costs of complying with pending violations shall be Landlord’s responsibility and shall not be passed through to Tenant as a building operating expense. Landlord must comply with statutory and regulatory requirements pertaining to hazardous materials and asbestos unless caused by Tenant.
Landlord Warranty. Landlord warrants that, absent Tenant or its agents' failure to maintain the following as required by the terms of this Lease, (i) the Landlord Work shall be free from construction defects and shall operate in a first class manner for a period of one year from substantial completion.
