Common use of Landlord's Disclaimer Clause in Contracts

Landlord's Disclaimer. Tenant acknowledges and agrees that the --------------------- sale of the Property to Tenant is made without any warranty or representation of any kind by Landlord, either express or implied, with respect to any aspect, portion or component of the Property, including: (i) the physical condition, nature or quality of the Property, including the quality of the soils on and under the Property and the quality of the labor and materials included in any buildings or other improvements, fixtures, equipment or personal property comprising a portion of the Property; (ii) the fitness of the Property for any particular purpose; (iii) the presence or suspected presence of hazardous materials on, in, under or about the Property (including the soils and groundwater on and under the Property); or (iv) existing or proposed governmental laws or regulations applicable to the Property, or the further development or change in use thereof, including environmental laws and laws or regulations dealing with zoning or land use. Tenant further agrees and acknowledges that, as of the Closing, Tenant shall have made such feasibility studies, investigations, environmental studies, engineering studies, inquiries of governmental officials, and all other inquiries and investigations, which Tenant shall deem necessary to satisfy itself as to the condition, nature and quality of the Property and as to the suitability of the Property for Tenant's purposes. Tenant further agrees and acknowledges that, in purchasing the Property, Tenant shall rely entirely on its own investigation, examination and inspection of the Property, and not upon any representation or warranty of Landlord, or any agent or representative of Landlord. Tenant further agrees and acknowledges that Tenant has leased and occupied the Option Property prior to the Closing, by reason of such tenancy, possession and occupancy, Tenant is fully aware of the condition of the Option Property. THEREFORE, TENANT AGREES THAT, IN CONSUMMATING THE PURCHASE OF THE PROPERTY PURSUANT TO THIS LEASE, TENANT SHALL ACQUIRE THE PROPERTY IN ITS THEN CONDITION, "AS IS, WHERE IS" AND WITH ALL FAULTS, AND SOLELY IN RELIANCE ON TENANT'S OWN INVESTIGATION, EXAMINATION, INSPECTION, ANALYSIS AND EVALUATION OF THE PROPERTY. The agreements and acknowledgments contained in this Paragraph 4.1 constitute a ------------- conclusive admission that Tenant, as a sophisticated, knowledgeable investor in real property, shall acquire the Property solely upon its own judgment as to any matter germane to the Property or to Tenant's contemplated use of the Property, and not upon any statement, representation or warranty by Landlord, or any agent or representative of Landlord, which is not expressly set forth in this Agreement. At the Closing, upon the request of Landlord, Tenant shall execute and deliver to Landlord a certificate of Tenant reaffirming the foregoing.

Landlord's Disclaimer. Tenant acknowledges and agrees that the --------------------- sale of the Property to Tenant is made without any warranty or representation of any kind by Landlord, either express or implied, with respect to any aspect, portion or component of the Property, including: (i) the physical condition, nature or quality of the Property, including the quality of the soils on and under the Property and the quality of the labor and materials included in any buildings or other improvements, fixtures, equipment or personal property comprising a portion of the Property; (ii) the fitness of the Property for any particular purpose; (iii) the presence or suspected presence of hazardous materials on, in, under or about the Property (including the soils and groundwater on and under the Property); or (iv) existing or proposed governmental laws or regulations applicable to the Property, or the further development or change in use thereof, including environmental laws and laws or regulations dealing with zoning or land use. Tenant further agrees and acknowledges that, as of the Closing, Tenant shall have made such feasibility studies, investigations, environmental studies, engineering studies, inquiries of governmental officials, and all other inquiries and investigations, which Tenant shall deem necessary to satisfy itself as to the condition, nature and quality of the Property and as to the suitability of the Property for Tenant's purposes. Tenant further agrees and acknowledges that, in purchasing the Property, Tenant shall rely entirely on its own investigation, examination and inspection of the Property, and not upon any representation or warranty of Landlord, or any agent or representative of Landlord. Tenant further agrees and acknowledges that Tenant has leased and occupied the Option Property prior to the Closing, by reason of such tenancy, possession and occupancy, Tenant is fully aware of the condition of the Option Property. THEREFORE, TENANT AGREES THAT, IN CONSUMMATING THE PURCHASE OF THE PROPERTY PURSUANT TO THIS LEASE, TENANT SHALL ACQUIRE THE PROPERTY IN ITS THEN CONDITION, "AS IS, WHERE IS" AND WITH ALL FAULTS, AND SOLELY IN RELIANCE ON TENANT'S OWN INVESTIGATION, EXAMINATION, INSPECTION, ANALYSIS AND EVALUATION OF THE PROPERTY. The agreements and acknowledgments contained in this Paragraph 4.1 constitute a ------------- conclusive admission that Tenant, as a sophisticated, knowledgeable investor in real property, shall acquire the Property solely upon its own judgment as to any matter germane to the Property or to Tenant's contemplated use of the Property, and not upon any statement, representation or warranty by Landlord, or any agent or representative of Landlord, which is not expressly set forth in this Agreement. At the Closing, upon the request of Landlord, Tenant shall execute and deliver to Landlord a certificate of Tenant reaffirming the foregoing.

Landlord's Disclaimer. Tenant acknowledges and agrees that the --------------------- sale of the Property to Tenant is made without any warranty or representation of any kind by Landlord, either express or implied, with respect to any aspect, portion or component of the Property, including: (i) the physical condition, nature or quality of the Property, including the quality of the soils on and under the Property and the quality of the labor and materials included in any buildings or other improvements, fixtures, equipment or personal property comprising a portion of the Property; (ii) the fitness of the Property for any particular purpose; (iii) the presence or suspected presence of hazardous materials on, in, under or about the Property (including the soils and groundwater on and under the Property); or (iv) existing or proposed governmental laws or regulations applicable to the Property, or the further development or change in use thereof, including environmental laws and laws or regulations dealing with zoning or land use. Tenant further agrees and acknowledges that, as of the Closing, Tenant shall have made such feasibility studies, investigations, environmental studies, engineering studies, inquiries of governmental officials, and all other inquiries and investigations, which Tenant shall deem necessary to satisfy itself as to the condition, nature and quality of the Property and as to the suitability of the Property for Tenant's purposes. Tenant further agrees and acknowledges that, in purchasing the Property, Tenant shall rely entirely on its own investigation, examination and inspection of the Property, and not upon any representation or warranty of Landlord, or any agent or representative of Landlord. Tenant further agrees and acknowledges that Tenant has leased and occupied the Option Property prior to the Closing, by reason of such tenancy, possession and occupancy, Tenant is fully aware of the condition of the Option Property. THEREFORE, TENANT AGREES THAT, IN CONSUMMATING THE PURCHASE OF THE PROPERTY PURSUANT TO THIS LEASE, TENANT SHALL ACQUIRE THE PROPERTY IN ITS THEN CONDITION, "AS IS, WHERE IS" AND WITH ALL FAULTS, AND SOLELY IN RELIANCE ON TENANT'S OWN INVESTIGATION, EXAMINATION, INSPECTION, ANALYSIS AND EVALUATION OF THE PROPERTY. The agreements and acknowledgments contained in this Paragraph 4.1 constitute a ------------- conclusive admission that Tenant, ------------- as a sophisticated, knowledgeable investor in real property, shall acquire the Property solely upon its own judgment as to any matter germane to the Property or to Tenant's contemplated use of the Property, and not upon any statement, representation or warranty by Landlord, or any agent or representative of Landlord, which is not expressly set forth in this Agreement. At the Closing, upon the request of Landlord, Tenant shall execute and deliver to Landlord a certificate of Tenant reaffirming the foregoing.