Common use of No Lessor Warranties Clause in Contracts

No Lessor Warranties. LESSOR HEREBY LEASES THE EQUIPMENT FOR LESSEE AS-IS WHERE-IS, WITH ALL FAULTS, IF ANY, AND IN WHATEVER CONDITION IT MAY BE IN, AND EXPRESSLY DISCLAIMS AND MAKES NO REPRESENTATION OR WARRANTY, EITHER EXPRESSED OR IMPLIED, AS TO THE DESIGN, CONDITION, QUALITY, CAPACITY, MERCHANTABILITY, DURABILITY, SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF, OR ANY OTHER MATTER CONCERNING, THE EQUIPMENT. LESSEE HEREBY WAIVES ANY CLAIM (INCLUDING ANY CLAIM BASED ON STRICT OR ABSOLUTE LIABILITY IN TORT OR INFRINGEMENT) IT MIGHT HAVE AGAINST LESSOR OR ANY CERTIFICATE HOLDER FOR ANY LOSS, DAMAGE (INCLUDING INCIDENTAL OR CONSEQUENTIAL DAMAGE) OR EXPENSE CAUSED BY THE EQUIPMENT OR BY LESSEE'S LOSS OF USE THEREOF FOR ANY REASON WHATSOEVER, INCLUDING COMPLIANCE WITH ENVIRONMENTAL LAWS (WHICH ITEMS OF EQUIPMENT, LESSEE ACKNOWLEDGES, WERE SELECTED BY LESSEE ON THE BASIS OF ITS OWN JUDGMENT WITHOUT RELIANCE ON ANY STATEMENTS, REPRESENTATIONS, GUARANTIES OR WARRANTIES MADE BY LESSOR).

No Lessor Warranties. LESSOR HEREBY LEASES THE EQUIPMENT FOR TO LESSEE AS-IS WHERE-IS, WITH ALL FAULTS, IF ANY, AND IN WHATEVER CONDITION IT MAY BE IN, AND EXPRESSLY DISCLAIMS AND MAKES NO REPRESENTATION OR WARRANTY, EITHER EXPRESSED OR IMPLIED, AS TO THE DESIGN, CONDITION, QUALITY, CAPACITY, MERCHANTABILITY, DURABILITY, SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF, OR ANY OTHER MATTER CONCERNING, THE EQUIPMENT. LESSEE HEREBY WAIVES ANY CLAIM (INCLUDING ANY CLAIM BASED ON STRICT OR ABSOLUTE LIABILITY IN TORT OR INFRINGEMENT) IT MIGHT HAVE AGAINST LESSOR, ANY PARTNER OF LESSOR OR ANY CERTIFICATE HOLDER AFFILIATE THEREOF OR ANY OF THEIR RESPECTIVE SHAREHOLDERS, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SERVANTS OR AGENT FOR ANY LOSS, DAMAGE (INCLUDING INCIDENTAL OR CONSEQUENTIAL DAMAGE) OR EXPENSE CAUSED BY THE EQUIPMENT OR BY LESSEE'S LOSS OF USE THEREOF FOR ANY REASON WHATSOEVER, INCLUDING COMPLIANCE WITH ENVIRONMENTAL LAWS (WHICH ITEMS OF EQUIPMENT, LESSEE ACKNOWLEDGES, WERE SELECTED BY LESSEE ON THE BASIS OF ITS OWN JUDGMENT WITHOUT RELIANCE ON ANY STATEMENTS, REPRESENTATIONS, GUARANTIES OR WARRANTIES MADE BY LESSOR), ANY PARTNER OF LESSOR, OR ANY AFFILIATE THEREOF OR ANY OF THEIR RESPECTIVE SHAREHOLDERS, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SERVANTS OR AGENTS.

No Lessor Warranties. LESSOR HEREBY LEASES THE EQUIPMENT FOR LESSEE ACKNOWLEDGES AND AGREES THAT IT IS LEASING EACH PROPERTY "AS-IS WHERE-IS, WHERE-IS AND WITH ALL FAULTS" WITHOUT REPRESENTATION, WARRANTY OR COVENANT (EXPRESS OR IMPLIED) BY LESSOR WHATSOEVER AND IN EACH CASE SUBJECT TO (I) THE EXISTING STATE OF TITLE,(II)THE RIGHTS OF ANY PARTIES IN POSSESSION THEREOF (IF ANY), (III) ANY STATE OF FACTS REGARDING ITS PHYSICAL CONDITION OR WHICH AN ACCURATE SURVEY MIGHT SHOW, (IV) ALL APPLICABLE LEGAL REQUIREMENTS AND IN WHATEVER CONDITION IT (V) VIOLATIONS OF LEGAL REQUIREMENTS WHICH MAY EXIST ON THE DATE HEREOF AND/OR THE DATE OF THE LEASE SUPPLEMENT. LESSOR HAS NOT MADE AND SHALL NOT BE INDEEMED TO HAVE MADE ANY REPRESENTATION, AND EXPRESSLY DISCLAIMS AND MAKES NO REPRESENTATION WARRANTY OR WARRANTY, EITHER EXPRESSED COVENANT (EXPRESS OR IMPLIED, ) WHATSOEVER AND SHALL NOT BE DEEMED TO HAVE ANY LIABILITY WHATSOEVER AS TO ANY PROPERTY, THE DESIGNTITLE, VALUE, USEFUL LIFE, HABITABILITY, USE, CONDITION, QUALITYDESIGN, CAPACITYOPERATION, MERCHANTABILITY, DURABILITY, SUITABILITY OR FITNESS FOR USE OF ANY PARTICULAR PURPOSE OFPROPERTY (OR ANY PART THEREOF), THE QUALITY OF THE MATERIALS IN OR WORKMANSHIP OF ANY PROPERTY, THE CONFORMITY OF ANY PROPERTY TO ANY PURCHASE ORDER OR PLANS AND SPECIFICATIONS, OR ANY OTHER MATTER CONCERNINGREPRESENTATION, WARRANTY OR COVENANT WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PROPERTY (OR ANY PART THEREOF), AND LESSOR SHALL NOT BE DEEMED TO HAVE ANY LIABILITY FOR ANY LATENT, HIDDEN OR PATENT DEFECT THEREON, THE EQUIPMENT. LESSEE HEREBY WAIVES FAILURE OF ANY CLAIM (INCLUDING ANY CLAIM BASED ON STRICT OR ABSOLUTE LIABILITY IN TORT OR INFRINGEMENT) IT MIGHT HAVE AGAINST LESSOR PROPERTY, OR ANY CERTIFICATE HOLDER PART THEREOF, TO COMPLY WITH ANY LEGAL REQUIREMENT OR FOR ANY LOSSDAMAGES OF ANY KIND OR TYPE TO PERSONS OR PROPERTY RESULTING THEREFROM, DAMAGE (INCLUDING INCIDENTAL OR CONSEQUENTIAL DAMAGE) OR EXPENSE CAUSED BY THE EQUIPMENT OR BY FOR LESSEE'S LOSS OF USE THEREOF OF ANY PROPERTY OR FOR ANY REASON WHATSOEVER, INCLUDING COMPLIANCE WITH ENVIRONMENTAL LAWS (WHICH ITEMS OF EQUIPMENTINTERRUPTION IN LESSEE'S BUSINESS CAUSED BY LESSEE'S INABILITY TO USE ANY PROPERTY FOR ANY REASON. PRIOR TO THE DATE HEREOF, LESSEE ACKNOWLEDGESHAS BEEN AFFORDED FULL OPPORTUNITY TO INSPECT EACH PROPERTY AND THE IMPROVEMENTS THEREON, WERE SELECTED BY LESSEE IS (INSOFAR AS LESSOR IS CONCERNED) SATISFIED WITH THE RESULTS OF ITS INSPECTIONS AND IS ENTERING INTO THIS AGREEMENT SOLELY ON THE BASIS OF THE RESULTS OF ITS OWN JUDGMENT WITHOUT RELIANCE ON ANY STATEMENTSINSPECTIONS, REPRESENTATIONSAND ALL RISKS INCIDENT TO THE MATTERS DESCRIBED IN THE PRECEDING SENTENCE, GUARANTIES OR WARRANTIES MADE AS BETWEEN LESSOR AND LESSEE, ARE TO BE BORNE BY LESSOR)LESSEE. So long and only so long as an Event of Default shall not have occurred and be continuing, and so long and only so long as all of the Properties shall be subject to this Agreement and Lessee shall be entitled to possession of the Properties hereunder, Lessor authorizes Lessee, at Lessee's sole expense, to assert for Lessor's account, all rights and powers of Lessor under any manufacturer's vendor's or dealer's warranty on any item of Properties; provided, however, that Lessee shall indemnify, protect, save, defend and hold harmless Lessor from and against any and all Claims, and all costs, expenses, damages, losses and liabilities incurred or suffered by Lessor in connection therewith, as a result of, or incident to, any action by Lessee pursuant to the foregoing authorization.