Common use of No Representations by Owner Clause in Contracts

No Representations by Owner. Neither Owner nor Owner’s agents have made any representations or promises with respect to the physical condition of the building, the 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 and no rights, easements or licenses are required 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 take the same “as is” on the date possession is tendered following the substantial completion of Owner’s Work under Article 63 hereof 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 latent defects and punch list items. Within thirty (30) days after possession of the demised premises is tendered following substantial completion of Owner’s Work, Tenant shall provide a punch list to Owner of items of Owner’s Work requiring correction, and Owner shall diligently seek to correct the items appearing on Tenant’s punch list. All understandings and agreements heretofore made between the parties hereto are merged in this contract, which alone fully and completely expresses the agreement between Owner 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, unless such executory agreement is in writing and signed by the party against whom enforcement of the change, modification, discharge or abandonment is sought.

Appears in 2 contracts

Samples: Agreement of Lease (Teavana Holdings Inc), Agreement of Lease (Teavana Holdings Inc)

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No Representations by Owner. 21. Neither Owner nor Owner’s 's agents have made any representations or promises with respect to the physical condition of the building, the land upon which it is erected or the demised premises, the rents, leases, expenses of operation or any other matter manner or thing affecting or related to the demised premises or the building except as herein expressly set forth and no rights, easements or licenses are required 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 take the same "as is" on the date possession is tendered following the substantial tendered, subject to satisfactory completion of Owner’s Work "Landlord's Work"; under Article 63 hereof Art. 58, 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 and were in good and satisfactory condition at the time such possession was so taken, except as to latent defects and punch list items. Within thirty (30) days after possession of the demised premises is tendered following substantial completion of Owner’s Work, Tenant shall provide a punch list to Owner of items of Owner’s Work requiring correction, and Owner shall diligently seek to correct the items appearing on Tenant’s punch list. All understandings and agreements heretofore made between the parties hereto are merged in this contract, which alone fully and completely expresses the agreement between Owner 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, unless such executory agreement is in writing and signed by the party against whom enforcement of the change, modification, discharge or abandonment is sought.. End of Term:

Appears in 1 contract

Samples: Impath Inc

No Representations by Owner. 19. Neither Owner nor Owner’s agents have made any representations or promises with respect to the physical condition of the building, the 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 or the building except as herein expressly set forth and no rights, easements or licenses are required 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 take cake the same “as is” on the date possession is tendered following the substantial completion of Owner’s Work under Article 63 hereof 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 latent defects and punch list items. Within thirty (30) days after possession of the demised premises is tendered following substantial completion of Owner’s Work, Tenant shall provide a punch list to Owner of items of Owner’s Work requiring correction, and Owner shall diligently seek to correct the items appearing on Tenant’s punch listdefects. All understandings and agreements heretofore made between the parties hereto are merged in this contract, which alone fully and completely expresses the agreement between Owner 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, unless such executory agreement is in writing and signed by the party against whom enforcement of the change, modification, discharge or abandonment is sought. End of Term: 20. Upon the expiration or other termination of the term of this lease, Tenant shall quit and surrender to Owner the demised premises, broom clean, in good order and condition, ordinary wear excepted, and Tenant shall remove all its property. Tenant’s obligation to observe or perform this covenant shall survive the expiration or other termination of this lease. If the last day of the term of this lease or any renewal thereof, falls on Sunday, this lease shall expire at noon on the preceding Saturday unless it is a legal holiday in which case it shall expire at noon on the preceding day.

Appears in 1 contract

Samples: Agreement of Lease (Coffee Holding Co Inc)

No Representations by Owner. Neither Owner nor Owner’s agents agent have made any representations or promises with respect to the physical condition of the building, the 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 or the building except as herein expressly set forth and no rights, easements or licenses are required 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 take the same “as is” on the date possession is tendered following the substantial completion of Owner’s Work under Article 63 hereof and acknowledges that the taking of possession of the demised premises by Tenant shall be conclusive (20.1) 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 latent defects and punch list items. Within thirty (30) days after possession of the demised premises is tendered following substantial completion of Owner’s Work, Tenant shall provide a punch list to Owner of items of Owner’s Work requiring correction, and Owner shall diligently seek to correct the items appearing on Tenant’s punch listdefects. All understandings and agreements heretofore made between the parties hereto are merged in this contract, which alone fully and completely expresses the agreement between Owner 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, unless such executory agreement is in writing and signed by the party against whom enforcement of the change, modification, discharge or abandonment is sought. End of Term: Upon the expiration or other termination of the term of this lease, Tenant shall quit and surrender to Owner the demised premises, broom clean, in good order and condition, ordinary wear excepted, and Tenant shall remove all its property. Tenant’s obligation to observe or perform this covenant shall survive the expiration or other termination of this lease. If the last day of the term of this lease or any renewal thereof, falls on Sunday, this lease shall expire at noon on the preceding Saturday unless it be a legal holiday in which case it shall expire at noon on the preceding business day.

Appears in 1 contract

Samples: Lease Agreement

No Representations by Owner. Neither Owner nor Owner’s agents have made any representations or promises with respect to the physical condition of the building, the 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 and no rights, easements or licenses are required 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 take the same “as is” on the date possession is tendered following the substantial completion of Owner’s Work under Article 63 hereof 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 latent defects and punch list items. Within thirty (30) days after possession of the demised premises is tendered following substantial completion of Owner’s Work, Tenant shall provide a punch list to Owner of items of Owner’s Work requiring correction, and Owner shall diligently seek to correct the items appearing on Tenant’s punch listdefects. All understandings and agreements heretofore made between the parties hereto are merged in this contract, which alone fully and completely expresses the agreement between Owner and Tenant and any executory agreement hereafter made shall be ineffective ineffec-tive to change, modify, discharge or effect an abandonment of it in whole or in part, unless such executory agreement is in writing and signed by the party against whom enforcement of the change, modification, discharge or abandonment is sought. 22. End of Term: Upon the expiration or other termination of the term of this lease, Tenant shall quit and surrender to Owner the demised premises, broom clean, in good order and condition, ordinary wear and damages which Tenant is not required to repair as provided elsewhere in this lease excepted, and Tenant shall remove all its property. Tenant’s obligation to observe or perform this covenant shall survive the expiration or other termination of this lease. If the last day of the term of this Lease or any renewal thereof, falls on Sunday, this lease shall expire at noon on the preceding Saturday unless it is a legal holiday in which case it shall expire at noon on the preceding business day. - 9 - 23.

Appears in 1 contract

Samples: www.sec.gov

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No Representations by Owner. Neither Owner nor Owner’s agents have made any representations or promises with respect to the physical condition of the building, the 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 and no rights, easements or licenses are required by Tenant by implication or otherwise except as expressly set forth in the provisions of this lease. Tenant has inspected will inspect the building and the demised premises and is will be thoroughly acquainted with their condition and agrees agrees, subject to inspection to take the same “as is” on the date possession is tendered following the substantial completion of Owner’s Work under Article 63 hereof 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 latent defects and punch list items. Within thirty (30) days after possession of the demised premises is tendered following substantial completion of Owner’s Work, Tenant shall provide a punch list to Owner of items of Owner’s Work requiring correction, and Owner shall diligently seek to correct the items appearing on Tenant’s punch list. All understandings and agreements heretofore made between the parties hereto are merged in this contract, which alone fully and completely expresses the agreement between Owner 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, unless such executory agreement is in writing and signed by the party against whom enforcement of the change, modification, discharge or abandonment is sought.

Appears in 1 contract

Samples: Agreement of Lease (Teavana Holdings Inc)

No Representations by Owner. Neither 21. Except as otherwise provided for herein neither Owner nor Owner’s 's agents have made any representations or promises with respect to the physical condition of the building, the 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 and no rights, easements or licenses are required 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 take the same "as is” on the date possession is tendered following the substantial completion of Owner’s Work under Article 63 hereof " 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 latent defects and punch list items. Within thirty (30) days after possession of the demised premises is tendered following substantial completion of Owner’s Work, Tenant shall provide a punch list to Owner of items of Owner’s Work requiring correction, and Owner shall diligently seek to correct the items appearing on Tenant’s punch listdefects. All understandings and agreements heretofore made between the parties hereto are merged in this contract, which alone fully and completely expresses the agreement between Owner 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, unless such executory agreement is in writing and signed by the party against whom enforcement of the change, modification, discharge or abandonment is sought. End of Term 22. Upon the expiration or other termination of the term of this lease, Tenant shall quit and surrender to Owner the demised premises, broom clean, in good order and condition, ordinary wear and damages which Tenant is not required to repair as provided elsewhere in this lease excepted, and Tenant shall remove all its property. Tenant's obligation to observe or perform this covenant shall survive the expiration or other termination of this lease. If the last day of the term of this Lease or any renewal thereof, falls on Sunday, this lease shall expire at noon on the preceding Saturday unless it be a legal holiday in which case it shall expire at noon on the preceding business day.

Appears in 1 contract

Samples: Jupiter Communications Inc

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