AS IS" LEASE. Notwithstanding anything to the contrary herein contained, Tenant expressly understands, acknowledges and agrees that the lease of the Premises shall be made by Landlord to Tenant on an "as is, where is" basis, and "with all faults," and Tenant acknowledges that Tenant has agreed to lease the Premises in its present condition and that Tenant is relying solely on its own examination and inspections of the Premises and not on any statements or representations made by Landlord or any agents or representatives of Landlord. Additionally, Tenant hereby acknowledges that, Landlord makes no warranty or representation, express or implied, or arising by operation of law, including, but in no way limited to, any warranty of condition, habitability, merchantability, or fitness for a particular purpose of the Project, the Premises or any portion thereof. Landlord hereby specifically disclaims any warranty, guaranty or representation, oral or written, past, present or future, of, as to, or concerning: (a) the nature and condition of the Project, the Premises or any part thereof, including but not by way of limitation, as to its water, soil or geology, or the suitability thereof, for any and all activities and uses which Tenant may elect to conduct thereon, or any improvements Tenant may elect to construct thereon, or any income to be derived therefrom or expenses to be incurred with respect thereto, or any obligations or any other matter or thing relating to or affecting the same; (b) the absence of any Hazardous Substances on, in or under the Project on, in or under any land adjacent to or abutting the Land; (c) the manner of construction or condition or state of repair or lack of repair of the Project; (d) the nature or extent of any easement, restrictive covenant, right-of-way, lease, possession, lien, encumbrance, license, reservation, condition or other similar matter pertaining to the Project, the Premises or any portion thereof; and (e) the compliance of the Project, the Premises or the operation of the Project, the Premises or portion thereof with any Legal Requirements.
AS IS" LEASE. Lessee has conducted, or will conduct from time to time with regard to Facility 2 Property that may be added hereto after the date hereof, all due diligence which it deems appropriate regarding the Facility 2 Property and agrees that no Lessor Party has any obligation to conduct any such due diligence. Lessee is leasing the Facility 2 Property "as is, with all faults" without any representation, warranty, indemnity or undertaking by any Lessor Party regarding any aspect of the Facility 2 Property, including (a) the condition of the Facility 2 Property (including any Improvements to the Facility 2 Property made prior to the Commencement Date or during the Term); (b) title to the Facility 2 Property (including possession of the Facility 2 Property by any Person or the existence of any Lien or any other right, title or interest in or to any of the Facility 2 Property in favor of any Person); (c) the value, habitability, usability, design, operation or fitness for use of the Facility 2 Property; (d) the availability or adequacy of utilities and other services to the Facility 2 Property; (e) any latent, hidden or patent defect in the Facility 2 Property; (f) the zoning or status of the Facility 2 Property or any other restrictions on the use of the Facility 2 Property; (g) the economics of the Facility 2 Property; (h) any Casualty or Condemnation; or (i) the compliance of the Facility 2 Property with any applicable Governmental Rule or Insurance Requirement; provided, however, that Lessor shall be obligated to remove Lessor Liens to the extent required in Subparagraph 5.04(b) of the Participation Agreement. Without limiting the generality of the foregoing, Lessee specifically waives any covenant of quiet enjoyment except as otherwise provided in Subparagraph 5.04(b) of the Participation Agreement.
AS IS" LEASE. Landlord makes no representations or warranties concerning the condition, suitability or any other matters relating to the Premises, and Tenant hereby acknowledges that Tenant leases the Premises from Landlord on an "as is" basis.
AS IS" LEASE. TENANT EXPRESSLY ACKNOWLEDGES AND AGREES THAT THE PREMISES ARE BEING LEASED AND ACCEPTED IN THEIR "AS IS, WITH ALL FAULTS" CONDITION, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, AND SUBJECT TO ALL APPLICABLE LAWS, RULES AND ORDINANCES, INCLUDING, WITHOUT LIMITATION, ZONING ORDINANCES AND REGULATIONS GOVERNING THE USE, OCCUPANCY OR POSSESSION OF THE PREMISES OR LICENSED AREAS. TENANT REPRESENTS AND WARRANTS TO LANDLORD THAT TENANT HAS CONDUCTED A REASONABLY DILIGENT INVESTIGATION, EITHER INDEPENDENTLY OR THROUGH AGENTS OF TENANT'S CHOOSING, OF THE CONDITION OF THE PREMISES AND OF THE SUITABILITY OF THE PREMISES FOR TENANT'S INTENDED USE, AND TENANT IS RELYING SOLELY ON ITS INDEPENDENT INVESTIGATION. TENANT FURTHER REPRESENTS AND WARRANTS THAT ITS INTENDED USE OF THE PREMISES IS THE USE DESCRIBED IN THE BASIC LEASE INFORMATION. TENANT AGREES THAT NEITHER AUTHORITY NOR ANY OF ITS AGENTS HAVE MADE, AND AUTHORITY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PHYSICAL, STRUCTURAL OR ENVIRONMENTAL CONDITION OF THE PREMISES OR THE PRESENT OR FUTURE SUITABILITY OF THE PREMISES OR LICENSED AREAS FOR THE CONDUCT OF TENANT'S BUSINESS, OR ANY OTHER MATTER WHATSOEVER RELATING TO THE PREMISES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FOR PURPOSES OF CALIFORNIA CIVIL CODE SECTION 1938, TO THE EXTENT APPLICABLE TO THIS PERMIT, THE BUILDING HAS NOT BEEN INSPECTED BY A CERTIFIED ACCESS SPECIALIST.
AS IS" LEASE. Except as otherwise specifically provided in the Lease of which this Exhibit is a part, the lease of the Premises (including, without limitation, HVAC, fire/life safety and other utility and mechanical systems within the Premises) by Lessee pursuant hereto shall be on an entirely "as is" basis.
AS IS" LEASE. The City further acknowledges and agrees that the City’s execution of this Facility Lease shall constitute the City’s representation, warranty and agreement that the Condition of the Premises has been independently verified by the City to its full satisfaction, and that, except to the extent of the express covenants of the JEPA set forth in this Facility Lease, the City will be leasing the Site based solely upon and in reliance on its own inspections, evaluations, analyses and conclusions, or those of the City’s representatives; and that THE CITY IS LEASING THE SITE IN ITS “AS-IS, WITH ALL FAULTS” CONDITION AND STATE OF REPAIR INCLUSIVE OF ALL FAULTS AND DEFECTS, WHETHER KNOWN OR UNKNOWN, AS MAY EXIST AS OF THE CITY’S EXECUTION OF THIS FACILITY LEASE, INCLUDING ANY EXISTING IMPROVEMENTS. Without limiting the scope or generality of the foregoing, the City expressly assumes the risk that the Site does not or will not comply with any Laws now or hereafter in effect.
AS IS" LEASE. The JEPA further acknowledges and agrees that the JEPA’s execution of this Site Lease shall constitute the JEPA’s representation, warranty and agreement that the Condition of the Site has been independently verified by the JEPA to its full satisfaction, and that, except to the extent of the express covenants of the Port set forth in this Site Lease, the JEPA will be leasing the Site based solely upon and in reliance on its own inspections, evaluations, analyses and conclusions, or those of the JEPA’s representatives; and that THE JEPA IS LEASING THE SITE IN ITS “AS-IS, WITH ALL FAULTS” CONDITION AND STATE OF REPAIR INCLUSIVE OF ALL FAULTS AND DEFECTS, WHETHER KNOWN OR UNKNOWN, AS MAY EXIST AS OF THE JEPA’S EXECUTION OF THIS SITE LEASE, INCLUDING ANY EXISTING IMPROVEMENTS. Without limiting the scope or generality of the foregoing, the JEPA expressly assumes the risk that the Site does not or will not comply with any Laws now or hereafter in effect.
AS IS" LEASE. Tenant acknowledges that Tenant is leasing the Premises "as is" without any warranty or representation and that Landlord has not made, and is not hereby making, any warranties or representations pertaining to the physical condition of the Premises, any part thereof or any improvements thereon. Tenant agrees that Landlord, its agents, employees or servants or any person authorized by Landlord may enter the Premises to inspect the condition of same, to cure defaults of Tenant as provided for herein, and to exhibit the same to prospective tenants, purchasers, mortgagees or others interested in the Premises. Such entry, cure or exhibition shall not constitute an eviction of Tenant, in whole or in part, Landlord agreeing to employ its reasonable efforts in attempting to minimize any interruption to the business operations of Tenant resulting from Landlord's (or its designated representatives') entry to the Premises. Nothing herein contained, however, shall be deemed or construed to impose upon Landlord any obligation or liability, whatsoever, for the inspection, care, supervision, repair, improvement, addition, change or alteration of the Premises.
AS IS" LEASE. Except as otherwise specifically provided in the Lease of which this Exhibit C is a part, the lease of the Premises (including, without limitation, HVAC, fire/life safety and other utility and mechanical systems within the Premises) by Tenant pursuant hereto shall be on an entirely "as is" basis. Tenant hereby acknowledges (a) that it has been advised to satisfy itself with respect to the condition of the Premises (including but not limited to the electrical systems, environmental aspects, seismic and earthquake requirements, and compliance with the Americans with Disabilities Act and applicable zoning, municipal, county, state and federal laws, ordinances and regulations and any covenants or restrictions of record (collectively, “Applicable Laws”) and the present and future suitability of the Premises for Tenant’s intended use; (b) that Tenant has made such investigation as it deems necessary with reference to such matters, is satisfied with reference thereto, and assumes all responsibility therefore as the same relate to Tenant's occupancy of the Premises and/or the terms of this Lease; and (c) that neither Landlord, nor any of Landlord's agents, has made any oral or written representations or warranties with respect to said matters other than as set forth in this Lease. Notwithstanding the foregoing, . Landlord warrants and represents that, as of the Commencement Date, the Premises (including but not limited to the electrical and HVAC systems) will comply with all Laws and shall systems be in proper working order.
AS IS" LEASE. Tenant acknowledges that Tenant is leasing the Premises "as is" without any warranty or representation and that Landlord has not made, and is not hereby making, any warranties or representations pertaining to the physical condition of the Premises, any part thereof or any improvements thereon.
