Common use of No Representations by Landlord Clause in Contracts

No Representations by Landlord. Neither Landlord nor Landlord’s agents have made any representations or promises with respect to the physical condition of the Property or the Building, the Demised Premises, permissible uses of Demised Premises, the rents, leases, expenses of operation or any other matter or thing affecting or related to the Demised Premises except as herein expressly set forth, and no rights, easements, or licenses are acquired by Tenant by implication or otherwise except as expressly set forth in the provisions of this Lease. Tenant has inspected the Building and the Demised Premises and is thoroughly acquainted with their condition, and agrees to accept the same “as is” subject to completion of Landlord’s Work, if any. All understandings and agreements heretofore made between the parties hereto are merged in this Lease, which alone fully and completely expresses the agreement between Landlord and Tenant, and any executory agreement hereafter made shall be ineffective to change, modify, discharge or effect an abandonment of it, in whole or in part, or a surrender of this Lease or of the Demised Premises or any part thereof or of any interest of Tenant therein unless such executory agreement is in writing and signed by Landlord and Tenant. Notwithstanding any provision to the contrary, Landlord represents that (i) any existing ground lease affecting the Property is subordinate to this Lease; and (ii) the Building was constructed substantially in accordance with the plans filed with the applicable governmental authorities.

Appears in 2 contracts

Samples: Lease Agreement (G Iii Apparel Group LTD /De/), Lease Agreement (G Iii Apparel Group LTD /De/)

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No Representations by Landlord. Neither Landlord nor Landlord’s agents have made any representations or promises with respect to the physical condition of the Property or the Building, the Demised Premises, permissible uses of land upon which it is erected or the Demised Premises, the rents, leases, expenses of operation or any other matter or thing affecting or related to the Demised Premises or the Building except as herein expressly set forth, forth and no rights, easements, easements or licenses are acquired by Tenant by implication or otherwise except as expressly set forth in the provisions of this Leaselease. Tenant has inspected the Building and the Demised Premises and is thoroughly acquainted with their condition, condition and agrees to accept take the same “as is” subject to completion on the date possession is tendered and acknowledges that the taking of Landlord’s Work, if anypossession of the Demised Premises by Tenant shall be conclusive evidence that the said Demised Premises and the Building of which the same form a part were in good and satisfactory condition at the time such possession was so taken. All understandings and agreements heretofore made between the parties hereto are merged in this Leasecontract, which alone fully and completely expresses the agreement between Landlord and Tenant, Tenant and any executory agreement hereafter made shall be ineffective to change, modify, discharge or effect an abandonment of it, it in whole or in part, or a surrender of this Lease or of the Demised Premises or any part thereof or of any interest of Tenant therein unless such executory agreement is in writing and signed by Landlord and Tenant. Notwithstanding any provision to the contraryparty against whom enforcement of the change, Landlord represents that (i) any existing ground lease affecting the Property modification, discharge or abandonment is subordinate to this Lease; and (ii) the Building was constructed substantially in accordance with the plans filed with the applicable governmental authoritiessought.

Appears in 2 contracts

Samples: www.sec.gov, Office Lease (Neutral Tandem Inc)

No Representations by Landlord. Neither Landlord nor ------------------------------ Landlord’s 's agents have made any representations or promises with respect to the physical condition of the Property Building or any portion thereof (including the BuildingLand), the Demised Premises, permissible uses of Demised the Leased Premises, the rents, leases, expenses of or operation or any other matter or thing affecting or related to the Demised Leased Premises except as herein expressly set forthforth in this Lease, and no rights, easements, or licenses are acquired by Tenant by implication or otherwise except as expressly set forth in the provisions of this Lease. Tenant has inspected the Building and the Demised Leased Premises and is thoroughly acquainted with their condition, and agrees to accept the same "as is" subject to completion of Landlord’s Workthe punch list items, if any, permitted in Section 2.6 of this Lease and latent defects which Tenant must notify landlord in writing within six (6) months after the Commencement Date. All understandings and agreements heretofore previously made between the parties hereto to this Lease are merged in this Leasecontract, which alone fully and completely expresses the agreement between Landlord and Tenant, and any executory agreement hereafter later made shall be ineffective to change, modify, discharge or effect an abandonment of it, in whole or in part, or a surrender of this Lease or of the Demised Premises all or any part thereof of the Leased Premises or of any interest of Tenant therein in the Leased Premises unless such executory agreement is in writing and signed by Landlord and Tenant. Notwithstanding any provision to the contrary, Landlord represents that (i) any existing ground lease affecting the Property is subordinate to this Lease; and (ii) the Building was constructed substantially in accordance with the plans filed with the applicable governmental authorities.

Appears in 1 contract

Samples: Bannock Center (Inflow Inc)

No Representations by Landlord. Neither Landlord nor Landlord’s 's agents have made any representations or promises with respect to the physical condition of the Property building, the land upon which it is erected or the Building, the Demised Premises, permissible uses of Demised Premisesdemised premises, the rents, leases, expenses of operation or any other matter mater or thing affecting or related to the Demised Premises premises except as herein expressly set forth, forth and no rights, easements, easements or licenses are acquired by Tenant by implication or otherwise except as expressly set forth in the provisions of this Lease. lease Tenant has inspected the Building building and the Demised Premises demised premises and is thoroughly acquainted with their condition, applicable zoning, permissible uses, and occupancy requirements, and agrees to accept take the same "as is” subject " and acknowledges that the taking of possession of the demised premises by Tenant shall be conclusive evidence that the said premises and the building of which the same form a part were in good and satisfactory condition at the time such possession was so taken, except as to completion of Landlord’s Work, if anylatent defects. All understandings and agreements heretofore made between the parties hereto are merged in this Leasecontract, which alone fully and completely expresses the agreement between Landlord and Tenant, Tenant and any executory agreement hereafter made shall be ineffective to change, modify, discharge or effect an abandonment of it, it in whole or in part, or a surrender of this Lease or of the Demised Premises or any part thereof or of any interest of Tenant therein unless such executory agreement is in writing and signed by Landlord and Tenant. Notwithstanding any provision to the contraryparty against whom enforcement of the change, Landlord represents that (i) any existing ground lease affecting the Property modification, discharge or abandonment is subordinate to this Lease; and (ii) the Building was constructed substantially in accordance with the plans filed with the applicable governmental authoritiessought.

Appears in 1 contract

Samples: Store Lease (Western Beef Inc /De/)

No Representations by Landlord. Neither Landlord nor Landlord’s 's agents have made any representations or promises with respect to the physical condition of the Property or the Building, the Demised Premises, permissible uses of Demised Premises, the rents, leases, expenses of operation or any other matter or thing affecting or related to the Demised Premises except as herein expressly set forth, and no rights, easements, or licenses are acquired by Tenant by implication or otherwise except as expressly set forth in the provisions of this Lease. Tenant has inspected the Building and the Demised Premises and is thoroughly acquainted with their condition, and agrees to accept the same "as is" subject to completion of Landlord’s WorkTenant Improvements, if any. All understandings and agreements heretofore made between the parties hereto are merged in this Lease, which alone fully and completely expresses the agreement between Landlord and Tenant, and any executory agreement hereafter made shall be ineffective to change, modify, discharge or effect an abandonment of it, in whole or in part, or a surrender of this Lease or of the Demised Premises or any part thereof or of any interest of Tenant therein unless such executory agreement is in writing and signed by Landlord and Tenant. Notwithstanding any provision to the contrary, Landlord represents that (i) any existing ground lease affecting the Property is subordinate to this Lease; and (ii) the Building was constructed substantially in accordance with the plans filed with the applicable governmental authorities.

Appears in 1 contract

Samples: Lease Agreement (Heelys, Inc.)

No Representations by Landlord. Neither Landlord nor Landlord’s agents have made any representations representation or promises with respect to the physical condition of the Property building, the land upon which it is erected or the Building, the Demised Premises, permissible uses of Demised Premises, the rents, leasesLeases, expenses of operation or any other matter or thing affecting or related to the Demised Premises or the building except as herein expressly set forth, forth and no rights, easements, easements or licenses are acquired by Tenant by implication or otherwise except as expressly set forth in the provisions of this Lease. Tenant has inspected the Building building and the Demised Premises and is thoroughly acquainted with their condition, condition and agrees to accept the take same “as is” subject to completion on the date possession is tendered and acknowledges that the taking of Landlord’s Work, if anypossession of the Premises by Tenant shall be conclusive evidence that the said Premises and the building of which the Premises form a part were in good and satisfactory condition at the time such possession was so taken. All understandings and agreements heretofore made between the parties hereto are merged in this Leasecontract, which alone fully and completely expresses the agreement between Landlord and Tenant, Tenant and any executory agreement hereafter made shall be ineffective to change, modify, discharge or effect an abandonment of it, it in whole or in part, or a surrender of this Lease or of the Demised Premises or any part thereof or of any interest of Tenant therein unless such executory agreement is in writing and signed by Landlord and Tenant. Notwithstanding any provision to the contraryparty against whom enforcement of the change, Landlord represents that (i) any existing ground lease affecting the Property modification, discharge or abandonment is subordinate to this Lease; and (ii) the Building was constructed substantially in accordance with the plans filed with the applicable governmental authoritiessought.

Appears in 1 contract

Samples: Roosevelt (Wilshire Bancorp Inc)

No Representations by Landlord. Neither Landlord nor Landlord’s 's agents have made any representations representation or promises with respect to the physical condition of the Property building, the land upon which it is erected or the Building, the Demised Premises, permissible uses of Demised Premises, the rents, leases, expenses of operation operation, or any other matter or thing affecting or related to the Demised Premises premises except as herein expressly set forth, forth and no rights, easements, easements or licenses are acquired by Tenant by implication or otherwise except as expressly set forth in the provisions of this Lease. Tenant has inspected the Building buildings and the Demised Premises and is thoroughly acquainted with their condition, conditions and agrees to accept take the same "as is” subject to completion " (with the exception of the performance of Landlord’s 's Warehouse Work, if anyLandlord's Initial Office and Landlord Additional Office Work) and acknowledges that the taking of possession of the Premises and the building of which the same form a part were in good and satisfactory condition at the time such possession was so taken, except as to latent defects (and except as to the performance of Landlord's Warehouse Work, Landlord's Initial Office Work and Landlord's Additional Office Work). All understandings and agreements heretofore made between the parties hereto are merged in this Leasecontract, which alone fully and completely expresses the agreement between Landlord and Tenant, Tenant and any executory agreement hereafter made shall be ineffective to change, modify, discharge or effect an abandonment of it, it in whole or in part, or a surrender of this Lease or of the Demised Premises or any part thereof or of any interest of Tenant therein unless such executory agreement is in writing and signed by Landlord and Tenant. Notwithstanding any provision to the contraryparty against whom enforcement of the change, Landlord represents that (i) any existing ground lease affecting the Property modification, discharge or abandonment is subordinate to this Lease; and (ii) the Building was constructed substantially in accordance with the plans filed with the applicable governmental authoritiessought.

Appears in 1 contract

Samples: Lease (Aerobic Creations, Inc.)

No Representations by Landlord. Neither Except as specifically provided herein, neither Landlord nor Landlord’s 's agents have made any representations or promises with respect to the physical condition of the Property or the Building, the Demised Premises, permissible uses of land upon which it is erected or the Demised Premises, the rents, leases, expenses of operation or any other matter or thing affecting or related to the Demised Premises or the Building except as herein expressly set forth, forth and no rights, easements, easements or licenses are acquired by Tenant by implication or otherwise except as expressly set forth in the provisions of this Leaselease. Tenant has inspected the Building and the Demised Premises and is thoroughly acquainted with their conditioncondition and, and except as specifically provided herein, agrees to accept take the same "as is” subject to completion " on the date possession is tendered and acknowledges that the taking of Landlord’s Work, if anypossession of the Demised Premises by Tenant shall be conclusive evidence that the said Demised Premises and the Building of which the same form a part were in good and satisfactory condition at the time such possession was so taken. All understandings and agreements heretofore made between the parties hereto are merged in this Leasecontract, which alone fully and completely expresses the agreement between Landlord and Tenant, Tenant and any executory agreement hereafter made shall be ineffective to change, modify, discharge or effect an abandonment of it, it in whole or in part, or a surrender of this Lease or of the Demised Premises or any part thereof or of any interest of Tenant therein unless such executory agreement is in writing and signed by Landlord and Tenant. Notwithstanding any provision to the contrary, Landlord represents that (i) any existing ground lease affecting the Property is subordinate to this Lease; and (ii) the Building was constructed substantially in accordance with the plans filed with the applicable governmental authorities.executory

Appears in 1 contract

Samples: Office Lease (PLD Telekom Inc)

No Representations by Landlord. Neither Landlord nor Landlord’s 's agents have made any representations or promises with respect to the physical condition of the Property building, the land upon which it is erected or the Building, the Demised Premises, permissible uses of Demised Leased Premises, the rents, leases, expenses of operation or any other matter or thing affecting or related to the Demised Leased Premises except as herein expressly set forth, forth and no rights, easements, easements or licenses are acquired by Tenant by implication or otherwise except as expressly set forth in the provisions of this Lease. Tenant has inspected the Building building and the Demised Leased Premises and is thoroughly acquainted with their condition, and agrees to accept take the same "as is” subject " and acknowledges that the taking of possession of the Leased Premises by Tenant shall be conclusive evidence that the Leased Premises and the building of which the same form a part were in good and satisfactory condition at the time such possession was so taken, except as to completion latent defects and Landlord's warranty of Landlord’s Work, if any. 's Work as set forth in Schedule C. All understandings and agreements heretofore made between the parties hereto are merged in this Leasecontract, which alone fully and completely expresses the agreement between Landlord and Tenant, Tenant and any executory agreement hereafter made shall be ineffective to change, modify, discharge or effect an abandonment of it, it in whole or in part, or a surrender of this Lease or of the Demised Premises or any part thereof or of any interest of Tenant therein unless such executory agreement is in writing and signed by Landlord and Tenant. Notwithstanding any provision to the contraryparty against whom enforcement of the change, Landlord represents that (i) any existing ground lease affecting the Property modification, discharge or abandonment is subordinate to this Lease; and (ii) the Building was constructed substantially in accordance with the plans filed with the applicable governmental authoritiessought.

Appears in 1 contract

Samples: Lease Agreement (Parlux Fragrances Inc)

No Representations by Landlord. (a) Neither Landlord nor Landlord’s 's agents have made any representations or promises with respect to the physical condition of the Property building, the land upon which it is erected or the Building, the Demised Premises, permissible uses of Demised Premises, the rents, leases, expenses of operation or any other matter or thing affecting or related to the Demised Premises except as herein expressly set forth, forth and no rights, easements, easements or licenses are acquired by Tenant by implication or otherwise except as expressly set forth in the provisions of this Lease. Tenant has inspected the Building building and the Demised Premises and is thoroughly acquainted with their condition, condition and agrees to accept take the same "as is” subject " and acknowledges that the taking of possession of the Demised Premises by Tenant shall be conclusive evidence that the same and the building of which the same form a part were in good and satisfactory condition at the time such possession was so taken, except as to completion of Landlord’s Work, if anythe latent defects. All understandings and agreements heretofore made between the parties hereto are merged in this Lease, which alone which, along with the attached Rider, fully and completely expresses the agreement between Landlord and Tenant, and any . Any executory agreement hereafter made shall be ineffective to change, modify, discharge or effect an abandonment of it, it in whole or in part, or a surrender of this Lease or of the Demised Premises or any part thereof or of any interest of Tenant therein unless such executory agreement is in writing and signed by Landlord and Tenant. Notwithstanding any provision to the contraryparty against whom enforcement of the change, Landlord represents that (i) any existing ground lease affecting the Property modification, discharge or abandonment is subordinate to this Lease; and (ii) the Building was constructed substantially in accordance with the plans filed with the applicable governmental authoritiessought.

Appears in 1 contract

Samples: Office Lease (On Site Sourcing Inc)

No Representations by Landlord. Neither Landlord nor Landlord’s agents have made any representations or promises with respect to the physical condition of the Property or the Building, the Demised Premises, permissible uses of Demised land upon which it is erected or the Premises, the rents, leases, expenses of operation or any other matter or thing affecting or related to the Demised Premises or the Building except as herein expressly set forth, forth and no rights, easements, easements or licenses are acquired by Tenant by implication or otherwise except as expressly set forth in the provisions of this Lease. Tenant Txxxxx has inspected the Building and the Demised Premises and is thoroughly acquainted with their condition, condition and agrees to accept take the same “as is” subject to completion ”, broom clean condition, on the date possession is tendered and acknowledges that the taking of Landlord’s Work, if anypossession of the Premises by Tenant shall be conclusive evidence that the said Premises and the Building of which the same form a part were in good and satisfactory condition at the time such possession was so taken. All understandings and agreements heretofore made between the parties hereto are merged in this Lease, which alone fully and completely expresses the agreement between Landlord and Tenant, Tenant and any executory agreement hereafter made shall be ineffective to change, modify, discharge or effect an abandonment of it, it in whole or in part, or a surrender of this Lease or of the Demised Premises or any part thereof or of any interest of Tenant therein unless such executory agreement is in writing and signed by Landlord and Tenant. Notwithstanding any provision to the contraryparty against whom enforcement of the change, Landlord represents that (i) any existing ground lease affecting the Property modification, discharge or abandonment is subordinate to this Lease; and (ii) the Building was constructed substantially in accordance with the plans filed with the applicable governmental authoritiessought.

Appears in 1 contract

Samples: Lease Agreement (Nano Nuclear Energy Inc.)

No Representations by Landlord. Neither Landlord nor Landlord’s agents have made any representations or promises with respect to the physical condition of the Property or the Building, the Demised Premises, permissible uses of Demised Premises, the rents, leases, expenses of operation or any other matter or thing affecting or related to the Demised Premises except as herein expressly set forth, and no rights, easements, or licenses are acquired by Tenant by implication or otherwise except as expressly set forth in the provisions of this Lease. Tenant has inspected the Building and the Demised Premises and is thoroughly acquainted with their condition, and agrees to accept the same “as is” subject to completion (provided that the foregoing shall not limit any maintenance and repair obligations of Landlord’s Work, if anyLandlord expressly set forth herein). All understandings and agreements heretofore made between the parties hereto are merged in this Lease, which alone fully and completely expresses the agreement between Landlord and Tenant, and any executory agreement hereafter made shall be ineffective to change, modify, discharge or effect an abandonment of it, in whole or in part, or a surrender of this Lease or of the Demised Premises or any part thereof or of any interest of Tenant therein unless such executory agreement is in writing and signed by Landlord and Tenant. Notwithstanding any provision to the contrary, Landlord represents that (i) any existing ground lease affecting the Property is subordinate to this Lease; and (ii) the Building was constructed substantially in accordance with the plans filed with the applicable governmental authorities.

Appears in 1 contract

Samples: Lease Agreement (SXC Health Solutions Corp.)

No Representations by Landlord. Neither Except as may otherwise be provided elsewhere in this Lease, neither Landlord nor Landlord’s 's agents have made any representations or promises with respect to the physical condition of the Property or the Building, the Demised Premises, permissible uses of Demised PremisesBuilding, the rents, leases, expenses of operation or any other matter or thing affecting or related to the Demised Premises Building except as herein expressly set forth, and no rights, easements, or licenses are acquired by Tenant by implication or otherwise except as expressly set forth in the provisions of this Lease. Tenant has inspected the Building and the Demised Premises and is thoroughly acquainted with their condition, and agrees to accept the same "as is" subject to completion of Landlord’s 's Work; provided, if anyhowever, that the foregoing is not intended to and shall not be construed as a waiver by Tenant of any obligations of the general contractor, subcontractors or design professionals with respect to Landlord's Work. All understandings and agreements heretofore made between the parties hereto are merged in this Lease, which alone fully and completely expresses the agreement between Landlord and Tenant, and any executory agreement hereafter made shall be ineffective to change, modify, discharge or effect an abandonment of it, in whole or in part, or a surrender of this Lease or of the Demised Premises Building or any part thereof or of any interest of Tenant therein unless such executory agreement is in writing and signed by Landlord and Tenant. Notwithstanding any provision to the contrary, Landlord represents that (i) any existing ground lease affecting the Property is subordinate to this Lease; and (ii) the Building was constructed substantially in accordance with the plans filed with the applicable governmental authorities.

Appears in 1 contract

Samples: Lease Agreement (United Stationers Supply Co)

No Representations by Landlord. Neither Landlord nor Landlord’s agents have made any representations or promises with respect to the physical condition of the Property or the Building, the Demised Premises, permissible uses of Demised land upon which it is erected or the Premises, the rents, leases, expenses of operation or any other matter or thing affecting or related to the Demised Premises except as herein expressly set forth, forth and no rights, easements, easements or licenses are acquired by Tenant by implication or otherwise except as expressly set forth in the provisions of this Lease. Tenant has inspected the Building and the Demised Premises and is thoroughly acquainted with their condition, condition and agrees to accept take the same “as is” subject and acknowledges that the taking of possession of the Premises by Tenant shall be conclusive evidence that the said Premises and the Building of which the same form a part were in good and satisfactory condition at the time such possession was so taken, except as to completion of Landlord’s Work, if anylatent defects. All understandings and agreements heretofore made between the parties hereto are merged in this Leasecontract, which alone fully and completely expresses the agreement between Landlord and Tenant, Tenant and any executory agreement hereafter made shall be ineffective to change, modify, discharge or effect an abandonment of it, it in whole or in part, or a surrender of this Lease or of the Demised Premises or any part thereof or of any interest of Tenant therein unless such executory agreement is in writing and signed by Landlord and Tenant. Notwithstanding any provision to the contraryparty against whom enforcement of the change, Landlord represents that (i) any existing ground lease affecting the Property modification, discharge or abandonment is subordinate to this Lease; and (ii) the Building was constructed substantially in accordance with the plans filed with the applicable governmental authoritiessought.

Appears in 1 contract

Samples: Agreement of Lease (Merisel Inc /De/)

No Representations by Landlord. Neither Landlord nor Landlord’s agents have made any representations or promises with respect to the physical condition of the Property or the Building, the Demised Premises, permissible uses of Demised land upon which it is erected or the Premises, the rents, leases, expenses of operation or any other matter or thing affecting or related to the Demised Premises except as herein expressly set forth, forth and no rights, easements, easements or licenses are acquired by Tenant by implication or otherwise except as expressly set forth in the provisions of this Lease. Subject to the performance of the Landlord’s Work, Tenant has inspected the Building and the Demised Premises and is thoroughly acquainted with their condition, condition and agrees to accept take the same “as is” subject and acknowledges that the taking of possession of the Premises by Tenant shall be conclusive evidence that the Premises and the Building of which the same form a part were in good and satisfactory condition at the time such possession was so taken, other than latent defects and any punchlist items with respect to completion of Landlord’s Work, if any. All understandings and agreements heretofore made between the parties hereto are merged in this Lease, Agreement which alone fully and completely expresses the agreement between Landlord and Tenant, Tenant and any executory agreement hereafter made shall be ineffective to change, modify, discharge or effect an abandonment of it, it in whole or in part, or a surrender of this Lease or of the Demised Premises or any part thereof or of any interest of Tenant therein unless such executory agreement is in writing and signed by Landlord and Tenant. Notwithstanding any provision to the contrary, Landlord represents that (i) any existing ground lease affecting party against whom enforcement of the Property change modification discharge or abandonment is subordinate to this Lease; and (ii) the Building was constructed substantially in accordance with the plans filed with the applicable governmental authoritiessought.

Appears in 1 contract

Samples: Agreement of Lease (Borderfree, Inc.)

No Representations by Landlord. Neither Landlord nor Landlord’s 's agents have made any representations or promises with respect to the physical condition of the Property or the Building, the Demised Premises, permissible uses of land upon which it is erected or the Demised Premises, the rents, leases, expenses of operation or any other matter or thing affecting or related to the Demised Premises or the Building except as herein expressly set forth, forth and no rights, easements, easements or licenses are acquired by Tenant by implication or otherwise except as expressly set forth in the provisions of this Leaselease. Tenant has inspected the Building and the Demised Premises and is thoroughly acquainted with their condition, condition and agrees to accept take the same "as is” subject to completion " on the date possession is tendered and acknowledges that the taking of Landlord’s Work, if anypossession of the Demised Premises by Tenant shall be conclusive evidence that the said Demised Premises and the Building of which the same form a part were in good and satisfactory condition at the time such possession was so taken. All understandings and agreements heretofore made between the parties hereto are merged in this Leasecontract, which alone fully and completely expresses the agreement between Landlord and Tenant, Tenant and any executory agreement hereafter made shall be ineffective to change, modify, discharge or effect an abandonment of it, it in whole or in part, or a surrender of this Lease or of the Demised Premises or any part thereof or of any interest of Tenant therein unless such executory agreement is in writing and signed by Landlord and Tenant. Notwithstanding any provision to the contraryparty against whom enforcement of the change, Landlord represents that (i) any existing ground lease affecting the Property modification, discharge or abandonment is subordinate to this Lease; and (ii) the Building was constructed substantially in accordance with the plans filed with the applicable governmental authoritiessought.

Appears in 1 contract

Samples: Lease Agreement (Arbinet Thexchange Inc)

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No Representations by Landlord. Neither Landlord nor Landlord’s 's agents have made any representations or promises with respect to the physical condition of the Property Building (except for the completion of Landlord's Work, as hereinafter defined), the land upon which it is erected or the Building, the Demised Premises, permissible uses of Demised Premises, the rents, leases, expenses of operation or any other matter or thing affecting or related to the Demised Premises or the Building except as herein expressly set forth, forth and no rights, easements, easements or licenses are acquired by Tenant by implication or otherwise except as expressly set forth in the provisions of this Leaselease. Tenant has inspected the Building and the Demised Premises and is thoroughly acquainted with their condition, condition and agrees to accept take the same "as is” subject to completion " on the date possession is tendered and acknowledges that the taking of Landlord’s Work, if anypossession of the Demised Premises by Tenant shall be conclusive evidence that the said Demised Premises and the Building of which the same form a part were in good and satisfactory condition at the time such possession was so taken. All understandings and agreements heretofore made between the parties hereto are merged in this Leasecontract, which alone fully and completely expresses the agreement between Landlord and Tenant, Tenant and any executory agreement hereafter made shall be ineffective to change, modify, discharge or effect an abandonment of it, it in whole or in part, or a surrender of this Lease or of the Demised Premises or any part thereof or of any interest of Tenant therein unless such executory agreement is in writing and signed by Landlord and Tenant. Notwithstanding any provision to the contraryparty against whom enforcement of the change, Landlord represents that (i) any existing ground lease affecting the Property modification, discharge or abandonment is subordinate to this Lease; and (ii) the Building was constructed substantially in accordance with the plans filed with the applicable governmental authoritiessought.

Appears in 1 contract

Samples: Office Lease (Intira Corp)

No Representations by Landlord. Neither Landlord nor Landlord’s 's agents have made any representations or promises with respect to the physical condition of the Property or the Building, the Demised Premises, permissible uses of land upon which it is erected or the Demised Premises, the rents, leases, expenses of operation operation, or any other matter or thing affecting or related to the Demised Premises except as herein expressly set forth, forth in this Lease and no rights, easements, easements or licenses are acquired by Tenant by implication or otherwise except as expressly set forth in the provisions of this Lease. Tenant has inspected the Building and the Demised Premises and is thoroughly acquainted with their condition, condition and agrees to accept take the same “as is” subject to completion of Landlord’s Work, if anywork and acknowledges that the taking of possession of the Demised Premises by Tenant shall be conclusive evidence that the Demised Premises and the Building of which the same form a part were in good and satisfactory condition at the time such possession was so taken except as to latent defects and punchlist items. All understandings and agreements heretofore made between the parties hereto are merged in this Lease, which alone fully and completely expresses the agreement between Landlord and Tenant, Tenant and any executory agreement hereafter made shall be ineffective to change, modify, discharge or effect an abandonment of it, it in whole or in part, or a surrender of this Lease or of the Demised Premises or any part thereof or of any interest of Tenant therein unless such executory agreement is in writing and signed by Landlord and Tenant. Notwithstanding any provision to the contraryparty against whom enforcement of the change, Landlord represents that (i) any existing ground lease affecting the Property modification, discharge or abandonment is subordinate to this Lease; and (ii) the Building was constructed substantially in accordance with the plans filed with the applicable governmental authoritiessought.

Appears in 1 contract

Samples: Lease Agreement (Clickable Enterprises Inc)

No Representations by Landlord. Neither Landlord nor Landlord’s 's agents have made any representations or promises with respect to the physical condition of the Property or the Building, the Demised Premises, permissible uses of land upon which it is erected or the Demised Premises, the rents, leases, expenses of operation or any other matter or thing affecting or related to the Demised Premises or the Building except as herein expressly set forth, forth and no rights, easements, easements or licenses are acquired by Tenant by implication or otherwise except as expressly set forth in the provisions of this Leaselease. Tenant has inspected the Building and the Demised Premises and is thoroughly acquainted with their conditioncondition and, and agrees to accept take the same "as is” subject to completion " on the date possession is tendered and acknowledges that the taking of Landlord’s Work, if anypossession of the Demised Premises by Tenant shall be conclusive evidence that the said Demised Premises and the Building of which the same form a part were in good and satisfactory condition at the time such possession was so taken except for latent defects. All understandings and agreements heretofore made between the parties hereto are merged in this Leasecontract, which alone fully and completely expresses the agreement between Landlord and Tenant, Tenant and any executory agreement hereafter made shall be ineffective to change, modify, discharge or effect an abandonment of it, it in whole or in part, or a surrender of this Lease or of the Demised Premises or any part thereof or of any interest of Tenant therein unless such executory agreement is in writing and signed by Landlord and Tenant. Notwithstanding any provision to the contraryparty against whom enforcement of the change, Landlord represents that (i) any existing ground lease affecting the Property modification, discharge or abandonment is subordinate to this Lease; and (ii) the Building was constructed substantially in accordance with the plans filed with the applicable governmental authoritiessought.

Appears in 1 contract

Samples: Loft Lease (Sparta Commercial Services, Inc.)

No Representations by Landlord. Neither Landlord nor Landlord’s 's agents have made any representations or promises with respect to the physical condition of the Property building, the land upon which it is erected or the Building, the Demised Premises, permissible uses of Demised Premisesdemised premises, the rents, leases, leases, expenses of operation or any other matter or thing affecting or related to the Demised Premises premises except as herein expressly set forth, se forth and no rights, easements, easements or licenses are acquired by Tenant by implication or otherwise except as expressly set forth in the provisions of this Lease. lease Tenant has inspected the Building building and the Demised Premises demised premises and is thoroughly acquainted with their condition, applicable zoning, permissible uses, and occupancy requirements, and agrees to accept take the same "as is” subject " and acknowledges that the taking of possession of the demised premises by Tenant shall be conclusive evidence that the said premises and the building of which the same form a part were in good and satisfactory condition at the time such possession was so taken, except as to completion of Landlord’s Work, if anylatent defects. All understandings understanding and agreements heretofore made between the parties hereto are merged in this Leasecontract, which alone fully and completely expresses the agreement between the Landlord and Tenant, Tenant and any executory agreement hereafter made shall be ineffective to change, modify, discharge or effect an abandonment of it, it in whole or in part, or a surrender of this Lease or of the Demised Premises or any part thereof or of any interest of Tenant therein unless such executory agreement is in writing and signed by Landlord and Tenant. Notwithstanding any provision to the contraryparty against whom enforcement of the change, Landlord represents that (i) any existing ground lease affecting the Property modification, discharge or abandonment is subordinate to this Lease; and (ii) the Building was constructed substantially in accordance with the plans filed with the applicable governmental authoritiessought.

Appears in 1 contract

Samples: Store Lease (Western Beef Inc /De/)

No Representations by Landlord. Neither Landlord nor Landlord’s 's agents have made any representations or promises with respect to the physical condition of the Property building, the land upon which it is erected or the Building, the Demised Premises, permissible uses of Demised Premisesdemised premises, the rents, leases, expenses of operation or any other matter or thing affecting or related to the Demised Premises premises except as herein expressly set forth, forth and no rights, easements, easements or licenses are acquired by Tenant by implication or otherwise except as expressly set forth in the provisions of this Lease. lease Tenant has inspected the Building building and the Demised Premises demised premises and is thoroughly acquainted with their condition, applicable zoning, permissible uses, and occupancy requirements, and agrees to accept take the same "as is” subject " and acknowledges that the taking of possession of the demised premises by Tenant shall be conclusive evidence that the said premises and the building of which the same form a part were in good and satisfactory condition at the time such possession was so taken, except as to completion of Landlord’s Work, if anylatent defects. All understandings and agreements heretofore made between the parties hereto are merged in this Leasecontract, which alone fully and completely expresses the agreement between Landlord and Tenant, Tenant and any executory agreement hereafter made shall be ineffective to change, modify, discharge or effect an abandonment of it, it in whole or in part, or a surrender of this Lease or of the Demised Premises or any part thereof or of any interest of Tenant therein unless such executory agreement is in writing and signed by Landlord and Tenant. Notwithstanding any provision to the contraryparty against whom enforcement of the change, Landlord represents that (i) any existing ground lease affecting the Property modification, discharge or abandonment is subordinate to this Lease; and (ii) the Building was constructed substantially in accordance with the plans filed with the applicable governmental authoritiessought.

Appears in 1 contract

Samples: Western Beef Inc /De/

No Representations by Landlord. Neither Landlord Lessor nor Landlord’s Lessor's agents have made any representations or promises with respect to the physical condition of the Property building, the land upon which it is erected or the Building, the Demised Premises, permissible uses of Demised demised Premises, the rents, leases, expenses of operation or any other matter or thing affecting or related to the Demised Premises except as herein expressly set forth, forth and no rights, easements, easements or licenses are acquired by Tenant the Lessee by implication or otherwise except as expressly set forth in the provisions of this Lease. Tenant Lessee has inspected the Building building and the Demised demised Premises and is thoroughly acquainted with their condition, and agrees to accept take the same "as is” subject " and acknowledges that the taking of possession of the demised Premises by Lessee shall be conclusive evidence that the said Premises and the building of which the same form a part were in good and satisfactory condition at the time such possession was so taken, except as to completion of Landlord’s Work, if anylatent defects. All understandings and agreements heretofore made between the parties hereto are merged in this Lease, and the Management Agreement to which it is annexed, which alone fully and completely expresses express the agreement between Landlord Lessor and Tenant, Lessee and any executory agreement hereafter made shall be ineffective to change, modify, discharge or effect an abandonment of it, it in whole or in part, or a surrender of this Lease or of the Demised Premises or any part thereof or of any interest of Tenant therein unless such executory agreement is in writing and signed by Landlord and Tenant. Notwithstanding any provision to the contraryparty against whom enforcement of the change, Landlord represents that (i) any existing ground lease affecting the Property modification, discharge or abandonment is subordinate to this Lease; and (ii) the Building was constructed substantially in accordance with the plans filed with the applicable governmental authoritiessought.

Appears in 1 contract

Samples: Complete Wellness Centers Inc

No Representations by Landlord. Neither Landlord nor Landlord’s 's agents have made any representations or promises with respect to the physical condition of the Property or the Building, the Demised Premises, permissible uses of land upon which it is erected or the Demised Premises, the rents, leases, expenses of operation or any other matter or thing affecting or related to the Demised Premises or the Building except as herein expressly set forth, forth and no rights, easements, easements or licenses are acquired by Tenant by implication or otherwise except as expressly set forth in the provisions of this Leaselease. Tenant has inspected the Building and the Demised Premises and is thoroughly acquainted with their condition, condition and agrees to accept take the same "as is” subject ", except for latent defects which effect the Tenant's ability to completion occupy the Demised Premises for the permitted use, on the date possession is tendered and acknowledges that the taking of Landlord’s Work, if anypossession of the Demised Premises by Tenant shall be conclusive evidence that the said Demised Premises and the Building of which the same form a part were in good and satisfactory condition at the time such possession was so taken. All understandings and agreements heretofore made between the parties hereto are merged in this Leasecontract, which alone fully and completely expresses the agreement between Landlord and Tenant, Tenant and any executory agreement hereafter made shall be ineffective to change, modify, discharge or effect an abandonment of it, it in whole or in part, or a surrender of this Lease or of the Demised Premises or any part thereof or of any interest of Tenant therein unless such executory agreement is in writing and signed by Landlord and Tenant. Notwithstanding any provision to the contraryparty against whom enforcement of the change, Landlord represents that (i) any existing ground lease affecting the Property modification, discharge or abandonment is subordinate to this Lease; and (ii) the Building was constructed substantially in accordance with the plans filed with the applicable governmental authoritiessought.

Appears in 1 contract

Samples: Office Lease (Fusion Telecommunications International Inc)

No Representations by Landlord. 19. Neither Landlord nor Landlord’s agents have made any representations or promises with respect to the physical condition of the Property building, the land upon which it is erected or the Building, the Demised Premises, permissible uses of Demised Premisesdemised premises, the rents, leases, expenses of operation or any other matter or thing affecting or related to the Demised Premises premises except as herein expressly set forth, forth and no rights, easements, easements or licenses are acquired by Tenant by implication or otherwise except as expressly set forth fort in the provisions of this Leaselease. Tenant has inspected the Building building and the Demised Premises demised premises and is thoroughly acquainted with their condition, and agrees to accept take the same “as is” subject and acknowledges that the taking or possession of the demised premises by Tenant shall be conclusive evidence that the said premises and the building of which the same form a part were in good and satisfactory condition at the time such possession was so taken, except as to completion of Landlord’s Work, if anylatent defects. All understandings and agreements heretofore made between the parties hereto are merged in this Leasecontract, which alone fully and completely expresses the agreement between Landlord and Tenant, Tenant and any executory agreement hereafter made shall be ineffective to change, modify, discharge or effect an abandonment of it, it in whole or in part, or a surrender of this Lease or of the Demised Premises or any part thereof or of any interest of Tenant therein unless such executory agreement is in writing and signed by Landlord and Tenant. Notwithstanding any provision to the contraryparty against whom enforcement of the change, Landlord represents that (i) any existing ground lease affecting the Property modification, discharge or abandonment is subordinate to this Lease; and (ii) the Building was constructed substantially in accordance with the plans filed with the applicable governmental authoritiessought.

Appears in 1 contract

Samples: Non Disturbance and Attornment Agreement (Harris Interactive Inc)

No Representations by Landlord. Neither Landlord nor Landlord’s 's agents have made any representations represen tations or promises with respect to the physical condition of the Property or Premises, the Building, the Demised Premisesland upon which the Building is erected, permissible uses of Demised Premises, or the rents, leases, expenses of operation operation, or any other matter or thing affecting or related to the Demised Premises except as herein expressly set forth, and no rights, easements, easements or licenses are acquired by Tenant by implication or otherwise except accept as expressly set forth in the provisions of this Lease. Tenant has inspected the Building and the Demised Premises and is thoroughly acquainted with their condition, and agrees to accept take the same “as is” "As Is" (subject to completion the construction of Landlord’s Work, if anyTenant Improvements to be undertaken by Landlord in accordance with the Plans and Specifications annexed hereto as EXHIBIT "B") and acknowledges that the taking of possession of the Premises by Tenant shall be conclusive evidence that the said Premises were in good and satisfactory condition at the time such possession was so taken. All understandings and agreements heretofore hereto fore made between the parties hereto are merged in this Leasecontract, which alone fully and completely expresses the agreement between Landlord and Tenant, Tenant and any executory agreement hereafter made shall be ineffective to change, modify, discharge or effect an abandonment of it, it in whole or in part, or a surrender of this Lease or of the Demised Premises or any part thereof or of any interest of Tenant therein unless such executory agreement agree ment is in writing and signed by Landlord and Tenant. Notwithstanding any provision to the contraryparty against whom enforcement of the change, Landlord represents that (i) any existing ground lease affecting the Property modification, discharge or abandonment is subordinate to this Lease; and (ii) the Building was constructed substantially in accordance with the plans filed with the applicable governmental authoritiessought.

Appears in 1 contract

Samples: Agreement of Lease (Renal Care Group Inc)

No Representations by Landlord. Neither Landlord nor Landlord’s 's agents have made any representations or promises with respect to the physical condition of the Property or the Building, the Demised Premises, permissible uses of Demised Premises, the rents, leases, expenses of operation or any other matter or thing affecting or related to the Demised Premises except as herein expressly set forth, and no rights, easements, or licenses are acquired by Tenant by implication or otherwise except as expressly set forth in the provisions of this Lease. Tenant has inspected the Building and the Demised Premises and is thoroughly acquainted with their condition, and agrees to accept the same "as is” subject to completion of Landlord’s Work, if any". All understandings and agreements heretofore made between the parties hereto are merged in this Lease, which alone fully and completely expresses the agreement between Landlord and Tenant, and any executory agreement hereafter made shall be ineffective to change, modify, discharge or effect an abandonment of it, in whole or in part, or a surrender of this Lease or of the Demised Premises or any part thereof or of any interest of Tenant therein unless such executory agreement is in writing and signed by Landlord and Tenant. Notwithstanding any provision to the contrary, Landlord represents that (i) any existing ground lease affecting the Property is subordinate to this Lease; and (ii) the Building was constructed substantially in accordance with the plans filed with the applicable governmental authorities.

Appears in 1 contract

Samples: Lease Agreement (Cti Molecular Imaging Inc)

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