Common use of Condition of the Leased Properties Clause in Contracts

Condition of the Leased Properties. Lessee has been and currently is in possession of the Leased Properties and otherwise has knowledge of the condition of the Leased Properties and has found the same to be in good order and repair and satisfactory for its purposes hereunder. Lessee continues to lease the Leased Properties “as is” in their condition at the time this Master Lease is entered into. Lessee waives any claim or action against Lessor in respect of the condition of any Leased Property. LESSOR MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, TO LESSEE OR TO ANY PARTY WITH WHICH LESSEE ENTERS INTO A MANAGEMENT CONTRACT, IN RESPECT OF ANY LEASED PROPERTY OR ANY PART THEREOF, EITHER AS TO ITS FITNESS FOR USE, DESIGN OR CONDITION FOR ANY PARTICULAR USE OR PURPOSE OR OTHERWISE, AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP THEREIN, LATENT OR PATENT, IT BEING AGREED THAT ALL SUCH RISKS ARE TO BE BORNE BY LESSEE. LESSEE ACKNOWLEDGES THAT EACH LEASED PROPERTY HAS BEEN INSPECTED BY LESSEE AND IS SATISFACTORY TO LESSEE. Lessee further acknowledges that Lessee is solely responsible for the condition of the Leased Properties from and after the Commencement Date. Unless any Leased Property was acquired from Lessee, and to the extent permitted by law, Lessor hereby assigns to Lessee, all of Lessor’s rights, if any, to proceed against any predecessor in title for breaches of warranties or representations, or for latent defects in such Leased Property and Lessee agrees to fully prosecute any and all such claims. Lessor shall cooperate with Lessee in the prosecution of any such claims, in Lessor’s or Lessee’s name, all at Lessee’s sole cost and expense.

Appears in 4 contracts

Samples: Master Lease Agreement (Omega Healthcare Investors Inc), Master Lease (Sun Healthcare Group Inc), Master Lease Agreement (Sun Healthcare Group Inc)

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Condition of the Leased Properties. Lessee Tenant acknowledges that Tenant has been and currently is in possession of the Leased Properties examined and otherwise has knowledge of the condition of the Leased Properties Property leased by it prior to the execution and delivery of this Lease and has found the same to be in good order and repair and satisfactory for its purposes hereunder. Lessee continues to lease Tenant is leasing the applicable Leased Properties “Property "as is" in their its condition at on the time this Master Lease is entered intoCommencement Date. Lessee Tenant waives any claim or action against Lessor Landlord in respect of the condition of any the Leased PropertyProperty being leased by it. LESSOR LANDLORD MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, TO LESSEE OR TO ANY PARTY WITH WHICH LESSEE ENTERS INTO A MANAGEMENT CONTRACT, IN RESPECT OF ANY LEASED PROPERTY OR ANY PART THEREOF, EITHER AS TO ITS FITNESS FOR USE, DESIGN OR CONDITION FOR ANY PARTICULAR USE OR PURPOSE PURPOSE, OR OTHERWISE, OTHERWISE AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP THEREIN, LATENT OR PATENT, IT BEING AGREED THAT ALL SUCH RISKS ARE TO BE BORNE BY LESSEETENANT. LESSEE TENANT ACKNOWLEDGES THAT EACH THE LEASED PROPERTY LEASED BY IT HAS BEEN INSPECTED BY LESSEE TENANT AND IS SATISFACTORY TO LESSEETENANT. Lessee further acknowledges that Lessee is solely responsible for the condition of the Leased Properties from and after the Commencement DateTENANT FURTHER ACKNOWLEDGES THAT, ON AND AFTER THE COMMENCEMENT DATE AND THROUGHOUT THE TERM, TENANT IS SOLELY RESPONSIBLE FOR THE CONDITION OF THE LEASED PROPERTY LEASED BY IT. Unless any Leased Property was acquired from LesseeTO THE EXTENT PERMITTED BY LAW, and to the extent permitted by lawHOWEVER, Lessor hereby assigns to LesseeLANDLORD HEREBY ASSIGNS TO TENANT ALL OF LANDLORD'S RIGHTS TO PROCEED AGAINST ANY PREDECESSOR IN TITLE FOR BREACHES OF WARRANTIES OR REPRESENTATIONS OR FOR LATENT DEFECTS IN THE APPLICABLE LEASED PROPERTY. LANDLORD SHALL FULLY COOPERATE WITH TENANT IN THE PROSECUTION OF ANY SUCH CLAIMS, all of Lessor’s rightsIN LANDLORD'S OR TENANT'S NAME, if anyALL AT TENANT'S SOLE COST AND EXPENSE. TENANT SHALL INDEMNIFY, to proceed against any predecessor in title for breaches of warranties or representationsDEFEND, or for latent defects in such Leased Property and Lessee agrees to fully prosecute any and all such claims. Lessor shall cooperate with Lessee in the prosecution of any such claimsAND HOLD HARMLESS LANDLORD FROM AND AGAINST ANY LOSS, in Lessor’s or Lessee’s nameCOST, all at Lessee’s sole cost and expenseDAMAGE OR LIABILITY (INCLUDING REASONABLE ATTORNEYS' FEES, COSTS AND DISBURSEMENTS) INCURRED BY LANDLORD IN CONNECTION WITH SUCH COOPERATION.

Appears in 2 contracts

Samples: Master Lease (Integrated Health Services Inc), Master Lease (Monarch Properties Inc)

Condition of the Leased Properties. Lessee has been and currently is in possession of the Leased Properties and otherwise has knowledge of the condition of the Leased Properties and has found the same to be in good order and repair and satisfactory for its purposes hereunder. Lessee continues to lease the Leased Properties "as is" in their condition at the time this Master Lease is entered into. Lessee waives any claim or action against Lessor in respect of the condition of any Leased Property. LESSOR MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, TO LESSEE OR TO ANY PARTY WITH WHICH LESSEE ENTERS INTO A MANAGEMENT CONTRACT, IN RESPECT OF ANY LEASED PROPERTY OR ANY PART THEREOF, EITHER AS TO ITS FITNESS FOR USE, DESIGN OR CONDITION FOR ANY PARTICULAR USE OR PURPOSE OR OTHERWISE, AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP THEREIN, LATENT OR PATENT, IT BEING AGREED THAT ALL SUCH RISKS ARE TO BE BORNE BY LESSEE. LESSEE ACKNOWLEDGES THAT EACH LEASED PROPERTY HAS BEEN INSPECTED BY LESSEE AND IS SATISFACTORY TO LESSEE. Lessee further acknowledges that Lessee is solely responsible for the condition of the Leased Properties from and after the Commencement Date. Unless any Leased Property was acquired from Lessee, and to the extent permitted by law, Lessor hereby assigns to Lessee, all of Lessor’s 's rights, if any, to proceed against any predecessor in title for breaches of warranties or representations, or for latent defects in such Leased Property and Lessee agrees to fully prosecute any and all such claims. Lessor shall cooperate with Lessee in the prosecution of any such claims, in Lessor’s 's or Lessee’s 's name, all at Lessee’s 's sole cost and expense.

Appears in 1 contract

Samples: Master Lease Agreement (Sun Healthcare Group Inc)

Condition of the Leased Properties. Lessee Tenant acknowledges that Tenant has been and currently is in possession of the Leased Properties examined and otherwise has knowledge of the condition of the Leased Properties Property leased by it prior to the execution and delivery of this Lease and has found the same to be in good order and repair and satisfactory for its purposes hereunder. Lessee continues to lease Tenant is leasing the applicable Leased Properties “Property "as is" in their its condition at on the time this Master Lease is entered intoCommencement Date. Lessee Tenant waives any claim or action against Lessor Landlord in respect of the condition of any the Leased PropertyProperty being leased by it. LESSOR LANDLORD MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, TO LESSEE OR TO ANY PARTY WITH WHICH LESSEE ENTERS INTO A MANAGEMENT CONTRACT, IN RESPECT OF ANY LEASED PROPERTY OR ANY PART THEREOF, EITHER AS TO ITS FITNESS FOR USE, DESIGN OR CONDITION FOR ANY PARTICULAR USE OR PURPOSE PURPOSE, OR OTHERWISE, OTHERWISE AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP THEREIN, LATENT OR PATENT, IT BEING AGREED THAT ALL SUCH RISKS ARE TO BE BORNE BY LESSEETENANT. LESSEE TENANT ACKNOWLEDGES THAT EACH THE LEASED PROPERTY LEASED BY IT HAS BEEN INSPECTED BY LESSEE TENANT AND IS SATISFACTORY TO LESSEETENANT. Lessee further acknowledges that Lessee is solely responsible for the condition of the Leased Properties from and after the Commencement Date. Unless any Leased Property was acquired from LesseeTENANT FURTHER ACKNOWLEDGES THAT, and to the extent permitted by lawON AND AFTER THE COMMENCEMENT DATE AND THROUGHOUT THE TERM, Lessor hereby assigns to Lessee, all of Lessor’s rights, if any, to proceed against any predecessor in title for breaches of warranties or representations, or for latent defects in such Leased Property and Lessee agrees to fully prosecute any and all such claims. Lessor shall cooperate with Lessee in the prosecution of any such claims, in Lessor’s or Lessee’s name, all at Lessee’s sole cost and expenseTENANT IS SOLELY RESPONSIBLE FOR THE CONDITION OF THE LEASED PROPERTY LEASED BY IT.

Appears in 1 contract

Samples: Master Lease (Monarch Properties Inc)

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Condition of the Leased Properties. Lessee acknowledges that it has been and currently is in possession of the Leased Properties examined and otherwise has knowledge of the condition of the Leased Properties Property leased by it prior to the execution and delivery of this Lease and has found the same to be in good order and repair and satisfactory for its purposes hereunder. Lessee continues to lease is leasing the applicable Leased Properties “Property "as is" in their its condition at on the time this Master Lease is entered intoCommencement Date. Lessee waives any claim or action against Lessor in respect of the condition of any the Leased PropertyProperty being leased by it. LESSOR MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, TO LESSEE OR TO ANY PARTY WITH WHICH LESSEE ENTERS INTO A MANAGEMENT CONTRACT, IN RESPECT OF ANY LEASED PROPERTY OR ANY PART THEREOF, EITHER AS TO ITS FITNESS FOR USE, DESIGN OR CONDITION FOR ANY PARTICULAR USE OR PURPOSE PURPOSE, OR OTHERWISE, OTHERWISE AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP THEREIN, LATENT OR PATENT, IT BEING AGREED THAT ALL SUCH RISKS ARE TO BE BORNE BY LESSEE. LESSEE ACKNOWLEDGES THAT EACH THE LEASED PROPERTY LEASED BY IT HAS BEEN INSPECTED BY LESSEE AND IS SATISFACTORY TO LESSEE. Lessee further acknowledges that that, on and after the Commencement Date and throughout the Term, Lessee is solely responsible for the condition of the Leased Properties from and after the Commencement DateProperty leased by it. Unless any Leased Property was acquired from Lessee, and to To the extent permitted by law, Lessor hereby assigns to Lessee, Lessee all of Lessor’s 's rights, if any, to proceed against any predecessor in title to Lessor for breaches of warranties or representations, representations or for latent defects in such the respective Leased Property Properties, and Lessee agrees agree to fully prosecute any and all such claims. Lessor shall cooperate with Lessee in the prosecution of any such claims, in Lessor’s 's or Lessee’s 's name, all at Lessee’s ' sole cost and expense.

Appears in 1 contract

Samples: Master Lease (Integrated Health Services Inc)

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