Acceptance “AS IS”. Owner has inspected the premises and accepts them as is and shall use slips and storage space at the sole risk of Owner. No representations or warranties of any kind have been made to the Owner with regard thereto, or as to the condition of the floats, tie bars, walks, gangways, equipment, roads, ramps, mooring gear, building or other property of the Marina.
Acceptance “AS IS”. Tenant acknowledges that it is presently engaged in the Business conducted at each Facility in the state where such Facility is located and has expertise in such industry and, in deciding to enter into this Lease, has not relied on any representations or warranties, express or implied, of any kind from Landlord. Tenant has examined the condition of title to and thoroughly investigated the Premises, has concluded that no improvements or modifications to them are required in order to conduct the Business and accepts them on an “AS IS” basis and assumes all responsibility and cost for the correction of any observed or unobserved deficiencies or violations. Tenant expressly understands and agrees that any inspection by or on behalf of Landlord of the business conducted at the Premises or of the Premises is for Landlord’s sole and exclusive benefit and is not directly or indirectly for the benefit of, nor should be relied in any manner upon by, Tenant, its residents, its patients or any other third party.
Acceptance “AS IS”. In undertaking the Services, the Contractor acknowledges that it has inspected the City’s site(s), agrees to accept the site(s) “as-is” and undertakes to take all precautions necessary to ensure the safety of all the Contractor’s personnel.
Acceptance “AS IS”. The Premises as furnished by Landlord will consist of the Base Building Work (as defined in Exhibit D) to be provided by Landlord pursuant to Exhibit D, and Landlord shall have no obligation for any other construction work or improvement on or to the Property. Prior to entering into this Lease, Tenant has made a thorough and independent examination of all matters related to Tenant’s decision to enter into this Lease. Except as expressly set forth in this Lease, Tenant does not rely on, and Landlord does not make, any express or implied representations or warranties as to any matters including, without limitation, (a) the physical condition of the Property, (b) the quality or adequacy of utilities serving the Property, (c) the size of the Premises, the Building or the Property (d) the use, habitability, merchantability, fitness or suitability of the Premises for the Permitted Use, (e) the likelihood of deriving business from Tenant’s location or the economic feasibility of Tenant’s business, (f) Hazardous Substances in the Premises, or on, in, under or around the Property (including those that may impact indoor air quality), (g) zoning, entitlements or any Applicable Laws which may apply to Tenant’s use of the Premises or business operations, or the Property’s compliance with Applicable Laws, or (h) any other matter. Tenant has satisfied itself as to such suitability and other pertinent matters by Tenant’s own inquiries and tests into all matters relevant in determining whether to enter into this Lease. Upon Substantial Completion of the Base Building Work (as defined in Exhibit D), Tenant shall acknowledge that the Premises is in good, condition and repair, and accept (or by occupying the Premises be deemed to have accepted) the physical condition of the Premises and the Building in their then-existing “as-is” condition, subject to any punch-list items as provided in Exhibit D, and Landlord’s delivery, maintenance and restoration obligations set forth in this Lease. Further, it is understood that the acceptance of the Premises by Tenant in its then-existing “as-is” condition shall not limit Landlord’s obligation to complete any Base Building Work and to enforce all third-party warranties pertaining to the Base Building Work as provided in Exhibit D.
Acceptance “AS IS”. Concessionaire shall accept the designated operating areas in their present condition, as is, where is, and with all faults. The Board shall not be obligated to construct additional improvements or to modify existing improvements, nor to provide services of any type, character, or nature (including any utilities or telephone service) on or to the Designated Operating Areas during the Term of this Agreement other than those stated in this Agreement to be provided by the Board.
Acceptance “AS IS”. Subject to any improvement allowances or other concessions that may be determined to be a component of the then prevailing market rent for the Expansion Space, any Expansion Space shall be accepted by Tenant in its “as is” condition.
Acceptance “AS IS”. Tenant has examined the condition of title to and thoroughly investigated the Premises, has concluded that the Premises are in good order and repair and satisfactory for its purposes hereunder, no improvements or modifications to them are required in order to conduct the Business and, subject to the representations, covenants, terms, provisions and obligations contained in the Purchase Agreement, accepts them on an “AS IS” basis and assumes all responsibility and cost for the correction of any observed or unobserved deficiencies or violations. Tenant expressly understands and agrees that any inspection by or on behalf of Landlord of the business conducted at the Premises or of the Premises is for Landlord’s sole and exclusive benefit and is not directly or indirectly for the benefit of, nor should be relied in any manner upon by, Tenant, its patients or any other third party. EXCEPT FOR REPRESENTATIONS OF “SELLER” EXPRESSLY SET FORTH IN THE PURCHASE AGREEMENT, AND SUBJECT TO THE TERMS AND PROVISIONS (INCLUDING LIMITATIONS ON LIABILITY) SET FORTH THEREIN, LANDLORD MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, IN RESPECT OF THE PREMISES OR ANY PART THEREOF, EITHER AS TO ITS FITNESS, DESIGN OR CONDITION FOR ANY PARTICULAR USE OR PURPOSE OR THE QUALITY OF THE MATERIAL OR WORKMANSHIP THEREIN, LATENT OR PATENT, OR OTHERWISE, IT BEING AGREED THAT ALL SUCH RISKS ARE TO BE BORNE BY TENANT.
