Tenant's Release of Landlord. Tenant hereby waives, releases and ---------------------------- forever discharges Landlord and its officers, directors, employees and agents from any and all claims, actions, causes of action, demands, liabilities, damages, costs, expenses or compensation whatsoever, whether direct or indirect, known or unknown, foreseeable or unforeseeable, which Tenant may have at the Closing or which may arise in the future on account of or in any way arising out of or connected with the Property, including: (i) the physical condition, nature or quality of the Property (including the soils and groundwater on and under the Option Property); (ii) the presence or release in, under, on or about the Property (including the soils and groundwater on and under the Option Property) of any hazardous materials; and (iii) the ownership, management or operation of the Property, but excluding claims to the extent based on Landlord's fraud or intentional misrepresentation. At the Closing, upon the request of Landlord, Tenant shall deliver to Landlord a certificate of Tenant reaffirming the foregoing. Tenant hereby waives the protection of California Civil Code Paragraph 1542, which reads as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Appears in 1 contract
Samples: Build to Suit Lease (At Home Corp)
Tenant's Release of Landlord. Tenant hereby waives, releases and ---------------------------- forever discharges Landlord and its officers, directors, employees and agents from any and all claims, actions, causes of action, demands, liabilities, damages, costs, expenses or compensation whatsoever, whether direct or indirect, known or unknown, foreseeable or unforeseeable, which Tenant may have at the Closing or which may arise in the future on account of or in any way arising out of or connected with the Property, including: (i) the physical condition, nature or quality of the Property (including the soils and groundwater on and under the Option Property); (ii) the presence or release in, under, on or about the Property (including the soils and groundwater on and under the Option Property) of any hazardous materials; and (iii) the ownership, management or operation of the Property, but excluding claims to the extent based on Landlord's fraud or intentional misrepresentation. At the Closing, upon the request of Landlord, Tenant shall deliver to Landlord a certificate of Tenant reaffirming the foregoing. Tenant hereby waives the protection of California Civil Code Paragraph 1542, which reads as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Appears in 1 contract
Samples: Build to Suit Lease (At Home Corp)
Tenant's Release of Landlord. Tenant hereby waives, releases ---------------------------- and ---------------------------- forever discharges Landlord and its officers, directors, employees and agents from any and all claims, actions, causes of action, demands, liabilities, damages, costs, expenses or compensation whatsoever, whether direct or indirect, known or unknown, foreseeable or unforeseeable, which Tenant may have at the Closing or which may arise in the future on account of or in any way arising out of or connected with the Property, including: (i) the physical condition, nature or quality of the Property (including the soils and groundwater on and under the Option Property); (ii) the presence or release in, under, on or about the Property (including the soils and groundwater on and under the Option Property) of any hazardous materials; and (iii) the ownership, management or operation of the Property, but excluding claims to the extent based on Landlord's fraud or intentional misrepresentation. At the Closing, upon the request of Landlord, Tenant shall deliver to Landlord a certificate of Tenant reaffirming the foregoing. Tenant hereby waives the protection of California Civil Code Paragraph 1542, which reads as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."" Tenant's Initials: _______________________
Appears in 1 contract
Samples: Lease (At Home Corp)
Tenant's Release of Landlord. Tenant hereby waives, releases and ---------------------------- forever discharges Landlord and its officers, directors, employees and agents from any and all claims, actions, causes of action, demands, liabilities, damages, costs, expenses or compensation whatsoever, whether direct or indirect, known or unknown, foreseeable or unforeseeable, which Tenant may have at the Closing or which may arise in the future on account of or in any way arising out of or connected with the Property, including: (i) the physical condition, nature or quality of the Property (including the soils and groundwater on and under the Option Property); (ii) the presence or release in, under, on or about the Property (including the soils and groundwater on and under the Option Property) of any hazardous materials; and (iii) the ownership, management or operation of the Property, but excluding claims to the extent based on Landlord's fraud or intentional misrepresentation. At the Closing, upon the request of Landlord, Tenant shall deliver to Landlord a certificate of Tenant reaffirming the foregoing. Tenant hereby waives the protection of California Civil Code Paragraph 1542, which reads as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."" Tenant's Initials /s/ ------------
Appears in 1 contract
Samples: Build to Suit Lease (At Home Corp)
Tenant's Release of Landlord. Tenant hereby waives, releases and ---------------------------- forever discharges Landlord and its officers, directors, employees and agents from any and all claims, actions, causes of action, demands, liabilities, damages, costs, expenses or compensation whatsoever, whether direct or indirect, known or unknown, foreseeable or unforeseeable, which Tenant may have at the Closing or which may arise in the future on account of or in any way arising out of or connected with the Property, including: (i) the physical condition, nature or quality of the Property (including the soils and groundwater on and under the Option Property); (ii) the presence or release in, under, on or about the Property (including the soils and groundwater on and under the Option Property) of any hazardous materials; and (iii) the ownership, management or operation of the Property, but excluding claims to the extent based on Landlord's fraud or intentional misrepresentation. At the Closing, upon the request of Landlord, Tenant shall deliver to Landlord a certificate of Tenant reaffirming the foregoing. Tenant hereby waives the protection of California Civil Code Paragraph 1542, which reads as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."" Tenant's Initials: ________________
Appears in 1 contract
Samples: Build to Suit Lease (At Home Corp)