Common use of Vendor’s Warranties Clause in Contracts

Vendor’s Warranties. The Lessor hereby irrevocably appoints the Lessee its agent and attorney-in-fact during the Lease Term, so long as Lessee shall not be in default under this Lease, to assert from time to time whatever claims and rights including warranties of the equipment that is classified as a “fixture” under the Uniform Commercial Code as enacted under the laws of the State which the Lessor may have against the vendor of the fixture which is or becomes a part of the Project Site. The Lessee’s sole remedy for the breach of such warranty, indemnification or representation shall be against the vendor of such equipment, and not against the Lessor, nor shall such matter have any effect whatsoever on the rights and obligations of the Lessor with respect to this Lease, including the right to receive full and timely payments under this Lease. The Lessee expressly acknowledges that the Lessor has made no representation or warranties whatsoever as to the existence of availability of such warranties of the vendor of such equipment.

Vendor’s Warranties. The Lessor and the Lessee hereby irrevocably appoints appoint the Sub-Lessee its their agent and attorney-in-fact during the each Lease Term, so long as the Sub-Lessee shall not be in default under this a Lease, to assert from time to time whatever claims and rights including warranties of the equipment that is classified as a “fixture” under the Uniform Commercial Code as enacted under the laws of the State Equipment which the Lessor or the Lessee may have against the vendor of the fixture which is or becomes a part of the Project SiteVendor. The Sub-Lessee’s sole remedy for the breach of such warranty, indemnification or representation shall be against the vendor Vendor of such equipmentthe Equipment, and not against either or both of the LessorLessor and the Lessee, nor shall such matter have any effect whatsoever on the rights and obligations of the Lessor or the Lessee with respect to this Master Lease or any Lease, including the right to receive full and timely payments under this any Lease. The Sub-Lessee expressly acknowledges that the Lessor has made and the Lessee make, and have made, no representation or warranties whatsoever as to the existence of or availability of such warranties of the vendor Vendor of such equipmentthe Equipment.

Vendor’s Warranties. The Lessor hereby irrevocably appoints the Lessee its agent and attorney-in-fact during the Lease TermTerm under each Lease, so long as Lessee no Event of Default shall not have occurred and be in default continuing under this such Lease or no Non-Appropriation Event shall have occurred under such Lease, to assert from time to time whatever claims and rights including warranties of (including, without limitation, warranties) relating to the equipment Equipment that is classified as a “fixture” under the Uniform Commercial Code as enacted under the laws of the State which the Lessor may have against the vendor of the fixture which is or becomes a part of the Project SiteVendor. The Lessee’s sole remedy for the breach of such warranty, indemnification or representation shall be against the vendor applicable Vendor or Vendors of such equipment, the Equipment and not against the Lessor, nor shall . Any such matter shall not have any effect whatsoever on the rights and obligations of the Lessor with respect to this any Lease, including the right to receive full and timely Rent Payments and other payments under this each Lease. The Lessee expressly acknowledges that the Lessor makes, and has made made, no representation representations or warranties whatsoever as to the existence of or the availability of such warranties of relating to the vendor of such equipmentEquipment.