Common use of LESSOR'S DISCLAIMERS Clause in Contracts

LESSOR'S DISCLAIMERS. Lessor has obtained the Property based on specifications furnished by the Lessee. Lessor does not deal in Property of this kind or otherwise hold itself or its agents out as having knowledge or skill particular to the Property. So long as Lessee is not in default under this Lease, Lessor hereby assigns to Lessee, without recourse, all of Lessor's rights arising under any warranties applicable to the Property provided by the manufacturer or any other person. Lessee's sole remedy for the breach of any such warranty shall be against the manufacturer of the Property and not against Lessor. So long as Lessee shall not be in default hereunder, Lessor will not interfere with Lessee's right of quiet enjoyment of the Property. To the extent the Lease includes Financed Items: (i) ownership of any Licensed Software shall remain with the supplier thereof; (ii) Lessee's rights with respect to such Financed Items shall be governed by the separate Product Agreement between the supplier and the Lessee, which shall not be affected by the Lease; and (iii) any Products or Services shall be provided by a supplier unrelated to Lessor. IN NO EVENT SHALL LESSOR HAVE ANY OBLIGATION TO PROVIDE ANY PRODUCTS OR SERVICES, AND ANY FAILURE OF SUCHSUPPLIER TO PROVIDE ANY SUCH PRODUCTS OR SERVICES FINANCED HEREUNDER SHALL NOT EXCUSE LESSEE'S OBLIGATIONS TO LESSOR IN ANY WAY. LESSOR SHALL NOT BE LIABLE TO LESSEE, NOR SHALL THERE BE ANY ABATEMENT OR SETOFF IN LESSEE'S PAYMENTS, FOR ANY LIABILITY, CLAIM, LOSS, DAMAGE OR EXPENSE OF ANY KIND OR NATURE CAUSED BY ANY FINANCED ITEMS.LESSOR ASSUMES NO RESPONSIBILITY FOR AND MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THETITLE, DESIGN, COMPLIANCE WITH SPECIFICATIONS, CONDITION, QUALITY, WORKMANSHIP, OR THE SUITABILITY, SAFETY, ADEQUACY, OPERATION, USE OR PERFORMANCE OF THE PROPERTY, OR THEIR MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, OR AS TO PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT. LESSOR SHALL NOT BE LIABLE TO LESSEE FOR ANY REPRESENTATION, CLAIM, BREACH OF WARRANTY, EXPENSE OR LOSS DIRECTLY OR INDIRECTLY CAUSED BY ANY PERSON, INCLUDING LESSOR, OR IN ANY WAY RELATED TO THE PROPERTY. Lessee understands and agrees that neither the supplier(s) nor any salesperson or any agent of the supplier(s) is an agent of Lessor. No salesperson or agent of supplier is authorized to waive or alter any term or condition of this Lease, and no representation as to the Property or any other matter by the supplier shall in any way affect Lessee's duty to pay the rent and perform its obligations as set forth in this Lease. Lessor shall not be liable to Lessee for any incidental, consequential, or indirect damages or for any act, neglect, omission, breach or default by any third party.

Appears in 1 contract

Samples: Master Lease Agreement (Park City Group Inc)

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LESSOR'S DISCLAIMERS. Lessor has obtained the Property based on specifications furnished by the Lessee. Lessor does not deal in Property property of this kind or otherwise hold itself or its agents out as having knowledge or skill particular peculiar to the Property. So long as Lessee is not acknowledges that it has relied on its own skill and experience in default under this Lease, Lessor hereby assigns to Lessee, without recourse, all of Lessor's rights arising under any warranties applicable selecting property suitable to the Property provided by the manufacturer or any other person. Lessee's sole remedy particular needs or purposes and has neither relied upon the skill or judgment of Lessor nor believes that Lessor or its agents possess any special skill or judgment in the selection of Property for the breach of any such warranty shall be against the manufacturer of the Property and not against Lessor. So long as Lessee shall not be in default hereunder, Lessor will not interfere with Lessee's right particular purposes. Further, Lessee has not notified Lessor of quiet enjoyment of Lessee's particular needs in using the Property. To the extent the Lease includes Financed Items: (i) ownership of any Licensed Software shall remain with the supplier thereof; (ii) Lessee's rights with respect to such Financed Items shall be governed by the separate Product Agreement between the supplier and the Lessee, which shall not be affected by the Lease; and (iii) any Products or Services shall be provided by a supplier unrelated to Lessor. IN NO EVENT SHALL LESSOR HAVE ANY OBLIGATION TO PROVIDE ANY PRODUCTS OR SERVICES, AND ANY FAILURE OF SUCHSUPPLIER TO PROVIDE ANY SUCH PRODUCTS OR SERVICES FINANCED HEREUNDER SHALL NOT EXCUSE LESSEE'S OBLIGATIONS TO LESSOR IN ANY WAY. LESSOR SHALL NOT BE LIABLE TO LESSEE, NOR SHALL THERE BE ANY ABATEMENT OR SETOFF IN LESSEE'S PAYMENTS, FOR ANY LIABILITY, CLAIM, LOSS, DAMAGE OR EXPENSE OF ANY KIND OR NATURE CAUSED BY ANY FINANCED ITEMS.LESSOR ASSUMES NO RESPONSIBILITY FOR AND MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THETITLE, DESIGN, COMPLIANCE WITH SPECIFICATIONS, CONDITION, QUALITY, WORKMANSHIP, OR THE SUITABILITY, SAFETY, ADEQUACY, OPERATION, USE OR PERFORMANCE OF THE PROPERTY, OR THEIR MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, OR AS TO PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT. LESSOR SHALL NOT BE LIABLE TO LESSEE FOR ANY REPRESENTATION, CLAIM, BREACH OF WARRANTY, EXPENSE OR LOSS DIRECTLY OR INDIRECTLY CAUSED BY ANY PERSON, INCLUDING LESSOR, OR IN ANY WAY RELATED TO THE PROPERTY. Lessee understands and agrees that neither the supplier(sSupplier(s) nor any salesperson salesman or any agent of the supplier(sSupplier(s) is an agent of Lessor. No salesperson salesman or agent of supplier is authorized to waive or alter any term or condition of this Lease, and no representation as to the Property or any other matter by the supplier Supplier shall in any way affect Lessee's duty to pay the rent and perform its obligations as set forth in this Lease. Lessor shall not be liable to Lessee for any incidental, consequential, or indirect damages or for any act, neglect, omission, breach or default by any third party. LESSOR ASSUMES NO RESPONSIBILITY FOR AND MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE TITLE, DESIGN, COMPLIANCE WITH SPECIFICATIONS, CONDITION, QUALITY, WORKMANSHIP, OR THE SUITABILITY, SAFETY, ADEQUACY, OPERATION, USE OR PERFORMANCE OF THE PROPERTY OR AS TO ITS MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR AS TO PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT. ANY DELAY IN DELIVERY SHALL NOT AFFECT THE VALIDITY OF THIS LEASE. LESSOR SHALL NOT BE LIABLE TO LESSEE FOR ANY REPRESENTATION, CLAIM, BREACH OF WARRANTY, EXPENSE OR LOSS DIRECTLY OR INDIRECTLY CAUSED BY ANY PERSON, INCLUDING LESSOR, OR IN ANY WAY RELATED TO THE PROPERTY.

Appears in 1 contract

Samples: Master Lease Agreement (Tower Tech Inc)

LESSOR'S DISCLAIMERS. Lessor has obtained the Property based on specifications furnished by the Lessee. Lessor does not deal in Property property of this kind or otherwise hold itself or its agents out as having knowledge or skill particular peculiar to the Property. So long as Lessee is not acknowledges that it has relied on its own skill and experience in default under this Lease, Lessor hereby assigns to Lessee, without recourse, all of Lessor's rights arising under any warranties applicable selecting property suitable to the Property provided by the manufacturer or any other person. Lessee's sole remedy particular needs or purposes and has neither relied upon the skill or judgment of Lessor nor believes that Lessor or its agents possess any special skill or judgment in the selection of Property for the breach Lessees particular purposes. Further, Lessee has not notified Lessor of any such warranty shall be against the manufacturer of the Property and not against Lessor. So long as Lessee shall not be in default hereunder, Lessor will not interfere with Lessee's right of quiet enjoyment of particular needs in using the Property. To the extent the Lease includes Financed Items: (i) ownership of any Licensed Software shall remain with the supplier thereof; (ii) Lessee's rights with respect to such Financed Items shall be governed by the separate Product Agreement between the supplier and the Lessee, which shall not be affected by the Lease; and (iii) any Products or Services shall be provided by a supplier unrelated to Lessor. IN NO EVENT SHALL LESSOR HAVE ANY OBLIGATION TO PROVIDE ANY PRODUCTS OR SERVICES, AND ANY FAILURE OF SUCHSUPPLIER TO PROVIDE ANY SUCH PRODUCTS OR SERVICES FINANCED HEREUNDER SHALL NOT EXCUSE LESSEE'S OBLIGATIONS TO LESSOR IN ANY WAY. LESSOR SHALL NOT BE LIABLE TO LESSEE, NOR SHALL THERE BE ANY ABATEMENT OR SETOFF IN LESSEE'S PAYMENTS, FOR ANY LIABILITY, CLAIM, LOSS, DAMAGE OR EXPENSE OF ANY KIND OR NATURE CAUSED BY ANY FINANCED ITEMS.LESSOR ASSUMES NO RESPONSIBILITY FOR AND MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THETITLE, DESIGN, COMPLIANCE WITH SPECIFICATIONS, CONDITION, QUALITY, WORKMANSHIP, OR THE SUITABILITY, SAFETY, ADEQUACY, OPERATION, USE OR PERFORMANCE OF THE PROPERTY, OR THEIR MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, OR AS TO PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT. LESSOR SHALL NOT BE LIABLE TO LESSEE FOR ANY REPRESENTATION, CLAIM, BREACH OF WARRANTY, EXPENSE OR LOSS DIRECTLY OR INDIRECTLY CAUSED BY ANY PERSON, INCLUDING LESSOR, OR IN ANY WAY RELATED TO THE PROPERTY. Lessee understands and agrees that neither the supplier(sSupplier(s) nor any salesperson salesman or any agent of the supplier(sSupplier(s) is an agent of Lessor. No salesperson salesman or agent of supplier is authorized to waive or alter any term or condition of this Lease, and no representation as to the Property or any other matter by the supplier Supplier shall in any way affect Lessee's duty to pay the rent and perform its obligations as set forth in this Lease. Lessor shall not be liable to Lessee for any incidental, consequential, or indirect damages or for any act, neglect, omission, breach or default by any third party. LESSOR ASSUMES NO RESPONSIBILITY FOR AND MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE TITLE, DESIGN, COMPLIANCE WITH SPECIFICATIONS, CONDITION, QUALITY, WORKMANSHIP, OR THE SUITABILITY, SAFETY, ADEQUACY, OPERATION, USE OR PERFORMANCE OF THE PROPERTY OR AS TO ITS MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR AS TO PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT. ANY DELAY IN DELIVERY SHALL NOT AFFECT THE VALIDITY OF THIS LEASE. LESSOR SHALL NOT BE LIABLE TO LESSEE FOR ANY REPRESENTATION, CLAIM, BREACH OF WARRANTY, EXPENSE OR LOSS DIRECTLY OR INDIRECTLY CAUSED BY ANY PERSON, INCLUDING LESSOR, IN ANY WAY RELATED TO THE PROPERTY.

Appears in 1 contract

Samples: Master Lease Agreement (PLM International Inc)

LESSOR'S DISCLAIMERS. Lessor has obtained the Property based on specifications furnished by the Lessee. Lessor does not deal in Property of this kind or otherwise hold itself or its agents out as having knowledge or skill particular to the Property. So long as Lessee is not in default under this Lease, Lessor hereby assigns to Lessee, without recourse, all of Lessor's ’s rights arising under any warranties applicable to the Property provided by the manufacturer or any other person. Lessee's ’s sole remedy for the breach of any such warranty shall be against the manufacturer of the Property and not against Lessor. So long as Lessee shall not be in default hereunder, Lessor will not interfere with Lessee's ’s right of quiet enjoyment of the Property. To the extent the Lease includes Financed Items: (i) ownership of any Licensed Software shall remain with the supplier Supplier thereof; (ii) Lessee's ’s rights with respect to such Financed Items shall be governed by the separate Product Agreement between the supplier Supplier and the Lessee, which shall not be affected by the Lease; and (iii) any Products or Services shall be provided by a supplier Supplier unrelated to Lessor. IN NO EVENT SHALL LESSOR HAVE ANY OBLIGATION TO PROVIDE ANY PRODUCTS OR SERVICES, AND ANY FAILURE OF SUCHSUPPLIER SUCH SUPPLIER TO PROVIDE ANY SUCH PRODUCTS OR SERVICES FINANCED HEREUNDER SHALL NOT EXCUSE LESSEE'S ’S OBLIGATIONS TO LESSOR IN ANY WAY. LESSOR SHALL NOT BE LIABLE TO LESSEE, NOR SHALL THERE BE ANY ABATEMENT OR SETOFF IN LESSEE'S ’S PAYMENTS, FOR ANY LIABILITY, CLAIM, LOSS, DAMAGE OR EXPENSE OF ANY KIND OR NATURE CAUSED BY ANY FINANCED ITEMS.LESSOR ASSUMES NO RESPONSIBILITY FOR AND MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THETITLE, DESIGN, COMPLIANCE WITH SPECIFICATIONS, CONDITION, QUALITY, WORKMANSHIP, OR THE SUITABILITY, SAFETY, ADEQUACY, OPERATION, USE OR PERFORMANCE OF THE PROPERTY, OR THEIR MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, OR AS TO PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT. LESSOR SHALL NOT BE LIABLE TO LESSEE FOR ANY REPRESENTATION, CLAIM, BREACH OF WARRANTY, EXPENSE OR LOSS DIRECTLY OR INDIRECTLY CAUSED BY ANY PERSON, INCLUDING LESSOR, OR IN ANY WAY RELATED TO THE PROPERTYITEMS. Lessee understands and agrees that neither the supplier(s) nor any salesperson or any agent of the supplier(s) is an agent of Lessor. No salesperson or agent of supplier is authorized to waive or alter any term or condition of this Lease, and no representation as to the Property or any other matter by the supplier shall in any way affect Lessee's ’s duty to pay the rent and perform its obligations as set forth in this Lease. Lessor shall not be liable to Lessee for any incidental, consequential, or indirect damages or for any act, neglect, omission, breach or default by any third party.

Appears in 1 contract

Samples: Master Lease Agreement (OVERSTOCK.COM, Inc)

LESSOR'S DISCLAIMERS. Lessor has obtained the Property herein leased based on specifications furnished by the Lessee. Lessor does not deal in Property property of this kind or otherwise hold itself or its agents out as having knowledge or skill particular to the Property. So long as Lessee is not in default under this Lease, Lessor hereby assigns to Lessee, without recourse, all of Lessor's rights arising under any warranties applicable peculiar to the Property provided by involved in the manufacturer or any other persontransaction. Lessee acknowledges that it has relied on its own skill and experience in selecting property suitable to the Lessee's sole remedy particular needs or purposes and has neither relied upon the skill or judgment of Lessor nor believes that Lessor or its agents possess any special skill or judgment in the selection of Property for the breach of any such warranty shall be against the manufacturer of the Property and not against Lessor. So long as Lessee shall not be in default hereunder, Lessor will not interfere with Lessee's right particular purposes. Further, Lessee has not notified Lessor of quiet enjoyment of Lessee's particular needs in using the Property. To the extent the Lease includes Financed Items: (i) ownership of any Licensed Software shall remain with the supplier thereof; (ii) Lessee's rights with respect to such Financed Items shall be governed by the separate Product Agreement between the supplier and the Lessee, which shall not be affected by the Lease; and (iii) any Products or Services shall be provided by a supplier unrelated to Lessor. IN NO EVENT SHALL LESSOR HAVE ANY OBLIGATION TO PROVIDE ANY PRODUCTS OR SERVICES, AND ANY FAILURE OF SUCHSUPPLIER TO PROVIDE ANY SUCH PRODUCTS OR SERVICES FINANCED HEREUNDER SHALL NOT EXCUSE LESSEE'S OBLIGATIONS TO LESSOR IN ANY WAY. LESSOR SHALL NOT BE LIABLE TO LESSEE, NOR SHALL THERE BE ANY ABATEMENT OR SETOFF IN LESSEE'S PAYMENTS, FOR ANY LIABILITY, CLAIM, LOSS, DAMAGE OR EXPENSE OF ANY KIND OR NATURE CAUSED BY ANY FINANCED ITEMS.LESSOR ASSUMES NO RESPONSIBILITY FOR AND MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THETITLE, DESIGN, COMPLIANCE WITH SPECIFICATIONS, CONDITION, QUALITY, WORKMANSHIP, OR THE SUITABILITY, SAFETY, ADEQUACY, OPERATION, USE OR PERFORMANCE OF THE PROPERTY, OR THEIR MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, OR AS TO PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT. LESSOR SHALL NOT BE LIABLE TO LESSEE FOR ANY REPRESENTATION, CLAIM, BREACH OF WARRANTY, EXPENSE OR LOSS DIRECTLY OR INDIRECTLY CAUSED BY ANY PERSON, INCLUDING LESSOR, OR IN ANY WAY RELATED TO THE PROPERTY. Lessee understands and agrees that neither the supplier(sSupplier(s) nor any salesperson salesman or any agent of the supplier(sSupplier(s) is an agent of Lessor. No salesperson salesman or agent of supplier is authorized to waive or alter any term or condition of this Lease, and no representation as to the Property or any other matter by the supplier Supplier shall in any way affect Lessee's duty to pay the rent and perform its obligations as set forth in this Lease. Lessor shall not be liable to Lessee for any incidental, consequential, or indirect damages or for any act, neglect, omission, breach or default by any third party. LESSOR ASSUMES NO RESPONSIBILITY FOR AND MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE DESIGN, COMPLIANCE WITH SPECIFICATIONS, CONDITION, QUALITY, WORKMANSHIP, OR THE SUITABILITY, ADEQUACY, OPERATION, USE OR PERFORMANCE OF THE PROPERTY OR AS TO ITS MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. ANY DELAY IN DELIVERY SHALL NOT AFFECT THE VALIDITY OF THIS LEASE. LESSOR SHALL NOT BE LIABLE TO LESSEE FOR ANY REPRESENTATION, CLAIM, BREACH OF WARRANTY, EXPENSE OR LOSS DIRECTLY OR INDIRECTLY CAUSED BY ANY PERSON, INCLUDING LESSOR, OR IN ANY WAY RELATED TO THE PROPERTY.

Appears in 1 contract

Samples: Master Lease Agreement (R B Rubber Products Inc)

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LESSOR'S DISCLAIMERS. Lessor has obtained the Property based on specifications furnished by the Lessee. Lessor does not deal in Property property of this kind or otherwise hold itself or its agents out as having knowledge or skill particular peculiar to the Property. So long as Lessee is not acknowledges that it has relied on its own skill and experience in default under this Lease, Lessor hereby assigns to Lessee, without recourse, all of Lessor's rights arising under any warranties applicable selecting property suitable to the Property provided by the manufacturer or any other person. Lessee's sole remedy particular needs or purposes and has neither relied upon the skill or judgment of Lessor nor believes that Lessor or its agents possess any special skill or judgment in the selection of Property for the breach of any such warranty shall be against the manufacturer of the Property and not against Lessor. So long as Lessee shall not be in default hereunder, Lessor will not interfere with Lessee's right particular purposes. Further, Lessee has not notified Lessor of quiet enjoyment of Lessee's particular needs in using the Property. To the extent the Lease includes Financed Items: (i) ownership of any Licensed Software shall remain with the supplier thereof; (ii) Lessee's rights with respect to such Financed Items shall be governed by the separate Product Agreement between the supplier and the Lessee, which shall not be affected by the Lease; and (iii) any Products or Services shall be provided by a supplier unrelated to Lessor. IN NO EVENT SHALL LESSOR HAVE ANY OBLIGATION TO PROVIDE ANY PRODUCTS OR SERVICES, AND ANY FAILURE OF SUCHSUPPLIER TO PROVIDE ANY SUCH PRODUCTS OR SERVICES FINANCED HEREUNDER SHALL NOT EXCUSE LESSEE'S OBLIGATIONS TO LESSOR IN ANY WAY. LESSOR SHALL NOT BE LIABLE TO LESSEE, NOR SHALL THERE BE ANY ABATEMENT OR SETOFF IN LESSEE'S PAYMENTS, FOR ANY LIABILITY, CLAIM, LOSS, DAMAGE OR EXPENSE OF ANY KIND OR NATURE CAUSED BY ANY FINANCED ITEMS.LESSOR ASSUMES NO RESPONSIBILITY FOR AND MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THETITLE, DESIGN, COMPLIANCE WITH SPECIFICATIONS, CONDITION, QUALITY, WORKMANSHIP, OR THE SUITABILITY, SAFETY, ADEQUACY, OPERATION, USE OR PERFORMANCE OF THE PROPERTY, OR THEIR MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, OR AS TO PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT. LESSOR SHALL NOT BE LIABLE TO LESSEE FOR ANY REPRESENTATION, CLAIM, BREACH OF WARRANTY, EXPENSE OR LOSS DIRECTLY OR INDIRECTLY CAUSED BY ANY PERSON, INCLUDING LESSOR, OR IN ANY WAY RELATED TO THE PROPERTY. Lessee understands and agrees that neither the supplier(sSupplier(s) nor any salesperson salesman or any agent of the supplier(sSupplier(s) is an agent of Lessor. No salesperson salesman or agent of supplier is authorized to waive or alter any term or condition of this Lease, and no representation as to the Property or any other matter by the supplier Supplier shall in any way affect Lessee's duty to pay the rent and perform its obligations as set forth in this Lease. Lessor shall not be liable to Lessee for any incidental, consequential, or indirect damages or for any act, neglect, omission, breach or default by any third partyxxxxx. LESSOR ASSUMES NO RESPONSIBILITY FOR AND MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE TITLE, DESIGN, COMPLIANCE WITH SPECIFICATIONS, CONDITION, QUALITY, WORKMANSHIP, OR THE SUITABILITY, SAFETY, ADEQUACY, OPERATION, USE OR PERFORMANCE OF THE PROPERTY OR AS TO ITS MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR AS TO PATENT, TRADEMARK OR COPYRIGHT INFR]INGEMENT. ANY DELAY IN DELIVERY SHALL NOT AFFECT THE VALIDITY OF THIS LEASE. LESSOR SHALL NOT BE LIABLE TO LESSEE FOR ANY REPRESENTATION, CLAIM, BREACH OF WARRANTY, EXPENSE OR LOSS DIRECTLY OR INDIRECTLY CAUSED BY ANY PERSON, INCLUDING LESSOR, OR LN ANY WAY RELATED TO THE PROPERTY.

Appears in 1 contract

Samples: Master Lease Agreement (Tower Tech Inc)

LESSOR'S DISCLAIMERS. Lessor has obtained the Property based on specifications furnished by the Lessee. Lessor does not deal in Property property of this kind or otherwise hold itself or its agents out as having knowledge or skill particular peculiar to the Property. So long as Lessee is not acknowledges that it has relied on its own skill and experience in default under this Lease, Lessor hereby assigns to Lessee, without recourse, all of Lessor's rights arising under any warranties applicable selecting property suitable to the Property provided by the manufacturer or any other person. Lessee's sole remedy particular needs or purposes and has neither relied upon the skill or judgment of Lessor nor believes that Lessor or its agents possess any special skill or judgment in the selection of Property for the breach of any such warranty shall be against the manufacturer of the Property and not against Lessor. So long as Lessee shall not be in default hereunder, Lessor will not interfere with Lessee's right particular purposes. Further, Lessee has not notified Lessor of quiet enjoyment of Lessee's particular needs in using the Property. To the extent the Lease includes Financed Items: (i) ownership of any Licensed Software shall remain with the supplier thereof; (ii) Lessee's rights with respect to such Financed Items shall be governed by the separate Product Agreement between the supplier and the Lessee, which shall not be affected by the Lease; and (iii) any Products or Services shall be provided by a supplier unrelated to Lessor. IN NO EVENT SHALL LESSOR HAVE ANY OBLIGATION TO PROVIDE ANY PRODUCTS OR SERVICES, AND ANY FAILURE OF SUCHSUPPLIER TO PROVIDE ANY SUCH PRODUCTS OR SERVICES FINANCED HEREUNDER SHALL NOT EXCUSE LESSEE'S OBLIGATIONS TO LESSOR IN ANY WAY. LESSOR SHALL NOT BE LIABLE TO LESSEE, NOR SHALL THERE BE ANY ABATEMENT OR SETOFF IN LESSEE'S PAYMENTS, FOR ANY LIABILITY, CLAIM, LOSS, DAMAGE OR EXPENSE OF ANY KIND OR NATURE CAUSED BY ANY FINANCED ITEMS.LESSOR ASSUMES NO RESPONSIBILITY FOR AND MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THETITLE, DESIGN, COMPLIANCE WITH SPECIFICATIONS, CONDITION, QUALITY, WORKMANSHIP, OR THE SUITABILITY, SAFETY, ADEQUACY, OPERATION, USE OR PERFORMANCE OF THE PROPERTY, OR THEIR MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, OR AS TO PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT. LESSOR SHALL NOT BE LIABLE TO LESSEE FOR ANY REPRESENTATION, CLAIM, BREACH OF WARRANTY, EXPENSE OR LOSS DIRECTLY OR INDIRECTLY CAUSED BY ANY PERSON, INCLUDING LESSOR, OR IN ANY WAY RELATED TO THE PROPERTY. Lessee understands and agrees that neither the supplier(sSupplier(s) nor any salesperson salesman or any agent of the supplier(sSupplier(s) is an agent of Lessor. No salesperson salesman or agent of supplier is authorized to waive or alter any term or condition of this Lease, and no representation as to the Property or any other matter by the supplier Supplier shall in any way affect Lessee's duty to pay the rent and perform its obligations as set forth in this Lease. Lessor shall not be liable to Lessee for any incidental, consequential, or indirect damages or for any act, neglect, omission, breach or default by any third party. LESSOR ASSUMES NO RESPONSIBILITY FOR AND MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE TITLE, DESIGN, COMPLIANCE WITH SPECIFICATIONS, CONDITION, QUALITY, WORKMANSHIP, OR THE SUITABILITY, SAFETY, ADEQUACY, OPERATION, USE OR PERFORMANCE OF THE PROPERTY OR AS TO ITS MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR AS TO PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT. ANY DELAY IN DELIVERY SHALL NOT AFFECT THE VALIDITY OF THIS LEASE. LESSOR SHALL NOT BE LIABLE TO LESSEE FOR ANY REPRESENTATION, CLAIM, BREACH OF WARRANTY, EXPENSE OR LOSS DIRECTLY OR INDIRECTLY CAUSED BY ANY PERSON, INCLUDING LESSOR, IN ANY WAY RELATED TO THE PROPERTY.

Appears in 1 contract

Samples: Master Lease Agreement (PLM International Inc)

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