Common use of Condition of the Leased Property Clause in Contracts

Condition of the Leased Property. The Lessee acknowledges and agrees that although the Lessor will own and hold title to the Leased Property, the Lessee, acting as agent, is solely responsible under the terms of the Project Supervisory Agreement (i) subject to the terms of the Equipment Contracts, for the design, development, budgeting and manufacture of the Equipment, (ii) for the design, development, budgeting and construction of the financed improvements, and (iii) any alterations or modifications and all activities conducted in connection therewith. the Lessee further acknowledges and agrees that it is leasing the property "as is" without representation, warranty or covenant (express or implied) by the Lessor, the Administrative Agent or the Participants and in each case subject to (a) the existing state of title (excluding lessor liens), (b) the rights of any parties in possession thereof, (c) any state of facts which an accurate survey or a physical inspection might show, and (d) violations of requirements of law with respect to the leased Property, Lessee or its operations on or with respect to the Leased Property which may exist on the date hereof or on the acquisition date for the Leased Property. None of the Lessor, any Agent or any of the Participants has made or shall be deemed to have made any representation, warranty or covenant (express or implied except as expressly provided in the Operative Documents) or shall be deemed to have any liability whatsoever as to the title (other than for lessor liens), value, habitability, use, condition, design, operation, or fitness for use of the Leased Property (or any part thereof), or any other representation, warranty or covenant whatsoever, express or implied, with respect to the Leased Property (or any part thereof) and none of the Lessor, the Administrative Agent or the Participants shall be liable for any latent, hidden, or patent defect therein (other than for Lessor Liens) or the failure of the Leased Property, or any part thereof, to comply with any applicable laws. All risks incident to the matters discussed in the preceding sentence, as between Lessor, the Administrative Agent and the Participants, on the one hand, and Lessee, on the other, are to be borne by Lessee. The provisions of this Section 7.1 have been negotiated, and, except to the extent otherwise expressly stated, the foregoing provisions are intended to be a complete exclusion and negation of any representations or warranties by any of Lessor, the Administrative Agent or the Participants, express or implied, with respect to the Leased Property (or any interest therein), that may arise pursuant to any law now or hereafter in effect or otherwise.

Condition of the Leased Property. The Lessee acknowledges On and agrees that although the Lessor will own and hold title to the Leased Property, the Lessee, acting as agent, is solely responsible under the terms of the Project Supervisory Agreement (i) subject to the terms Commencement Date, Xxxxxx acknowledges receipt and delivery of the Equipment Contracts, for the design, development, budgeting and manufacture of the Equipment, (ii) for the design, development, budgeting and construction of the financed improvements, and (iii) any alterations or modifications and all activities conducted in connection therewith. the Lessee further acknowledges and agrees that it is leasing the property "as is" without representation, warranty or covenant (express or implied) by the Lessor, the Administrative Agent or the Participants and in each case subject to (a) the existing state of title (excluding lessor liens), (b) the rights of any parties in possession thereof, (c) any state of facts which an accurate survey or a physical inspection might show, and (d) violations of requirements of law with respect to the leased Property, Lessee or its operations on or with respect to the Leased Property which may exist on the date hereof or on the acquisition date for the Leased Property. None of the Lessor, any Agent or any of the Participants has made or shall be deemed to have made any representation, warranty or covenant (express or implied except as expressly provided in the Operative Documents) or shall be deemed to have any liability whatsoever as to the title (other than for lessor liens), value, habitability, use, condition, design, operation, or fitness for use of the Leased Property (or any part thereof), or any other representation, warranty or covenant whatsoever, express or implied, with respect and Xxxxxx hereby confirms that Xxxxxx has had the opportunity to examine and inspect the Leased Property (or any part thereof) and none otherwise has knowledge of the Lessor, the Administrative Agent or the Participants shall be liable for any latent, hidden, or patent defect therein (other than for Lessor Liens) or the failure condition of the Leased Property, or any part thereof, to comply with any applicable laws. All risks incident Property prior to the matters discussed Commencement Date and has found the same to be in the preceding sentencegood order and repair, as between Lessor, the Administrative Agent and the Participants, on the one handfree from Hazardous Substances not in compliance with Legal Requirements, and Lesseesatisfactory for its purposes hereunder. Regardless, on the otherhowever, are to be borne by Lessee. The provisions of this Section 7.1 have been negotiated, and, except to the extent otherwise expressly stated, the foregoing provisions are intended to be a complete exclusion and negation of any representations examination or warranties inspection made by Xxxxxx and whether or not any of Lessorpatent or latent defect or condition was revealed or discovered thereby, the Administrative Agent or the Participants, express or implied, with respect to Lessee is leasing the Leased Property (“AS IS” in its present condition. Lessee waives any claim or action against Lessor in respect of the condition of the Leased Property of each Facility including any interest therein)defects or adverse conditions not discovered or otherwise known by Xxxxxx either as of the Effective Date or as of the Commencement Date. XXXXXX MAKES NO WARRANTY OR REPRESENTATION, that may arise pursuant EXPRESS OR IMPLIED, IN RESPECT OF THE LEASED PROPERTY OR ANY PART THEREOF, EITHER AS TO ITS FITNESS FOR USE, DESIGN OR CONDITION FOR ANY PARTICULAR USE OR PURPOSE OR OTHERWISE, OR AS TO THE NATURE OR QUALITY OF THE MATERIAL OR WORKMANSHIP THEREIN, OR THE EXISTENCE OF ANY HAZARDOUS SUBSTANCE, IT BEING AGREED THAT ALL SUCH RISKS, LATENT OR PATENT, ARE TO BE BORNE SOLELY BY LESSEE INCLUDING ALL RESPONSIBILITY AND LIABILITY FOR ANY ENVIRONMENTAL REMEDIATION AND COMPLIANCE WITH ALL ENVIRONMENTAL LAWS. Notwithstanding the foregoing, Lessor hereby acknowledges its obligation to any law now or hereafter fund a portion of the Planned Capital Refurbishment Project(s) in effect or otherwiseaccordance with, and subject to, the provisions of Section 9.5 below.

Condition of the Leased Property. The Lessee acknowledges and agrees that although the Lessor will own and hold record title to the Leased Property, the Lessee, acting as agentAgent pursuant to the power of attorney granted to the Lessee by Lessor hereunder, is solely responsible under the terms of the Project Supervisory Agreement (i) subject to the terms of the Equipment Contracts, for the design, development, budgeting and manufacture of the Equipment, (ii) for the design, development, budgeting and construction of the financed improvements, and (iii) any alterations or modifications and all activities conducted in connection therewiththerewith including the obtaining of all permits required in accordance with Applicable Law. the The Lessee further acknowledges and agrees that it is leasing the property "Leased Property “as is" ” without representation, warranty or covenant (express or implied) by the Lessor, the Administrative Agent or the Participants and in each case subject to (a) the existing state of title (excluding lessor liensLessor Liens), (b) the rights of any parties in possession thereof, (c) any state of facts which an accurate survey or a physical inspection might show, show and (d) violations of requirements of law Applicable Law with respect to the leased Leased Property, Lessee or its operations on or with respect to the Leased Property which may exist on the date hereof or on the acquisition date for the Leased Propertyhereafter. None of the Lessor, any the Administrative Agent or any of the Participants has made or shall be deemed to have made any representation, warranty or covenant (express or implied except as expressly provided in the Operative Documents) or shall be deemed to have any liability whatsoever as to the title (other than for lessor liensLessor Liens), value, habitability, use, condition (including environmental condition), design, operation, or fitness for use of the Leased Property (or any part thereof), or any other representation, warranty or covenant whatsoever, express or implied, with respect to the Leased Property (or any part thereof) and none of the Lessor, the Administrative Agent or any of the Participants shall be liable for any latent, hidden, or patent defect therein (other than for Lessor Liens) or the failure of the Leased Property, or any part thereof, to comply with any applicable lawsApplicable Laws. All risks incident to the matters discussed in the preceding sentence, as between Lessor, the Administrative Agent and the Participants, on the one hand, and Lessee, on the other, are to be borne by Lessee. The provisions of this Section 7.1 have been negotiated, and, except to the extent otherwise expressly stated, the foregoing provisions are intended to be a complete exclusion and negation of any representations or warranties by any of Lessor, the Administrative Agent or the Participants, express or implied, with respect to the Leased Property (or any interest therein), other than the obligation to remove Lessor Liens attributable to it, that may arise pursuant to any law now or hereafter in effect or otherwise.

Condition of the Leased Property. The Lessee acknowledges and agrees that although the Lessor will own and hold record title to the Leased Property, the Lessee, acting as agentAgent pursuant to the power of attorney granted to the Lessee by Lessor hereunder, is solely responsible under the terms of the Project Supervisory Agreement (i) subject to the terms of the Equipment Contracts, for the design, development, budgeting and manufacture of the Equipment, (ii) for the design, development, budgeting and construction of the financed improvements, and (iii) any alterations or modifications and all activities conducted in connection therewiththerewith including the obtaining of all permits required in accordance with Applicable Law. the The Lessee further acknowledges and agrees that it is leasing the property "Leased Property “as is" ” without representation, warranty or covenant (express or implied) by the Lessor, the Administrative Agent or the Participants and in each case subject to (a) the existing state of title (excluding lessor liensLessor Liens), (b) the rights of any parties in possession thereof, (c) any state of facts which an accurate survey or a physical inspection might show, show and (d) violations of requirements of law Applicable Law with respect to the leased Leased Property, Lessee or its operations on or with respect to the Leased Property which may exist on the date hereof Restatement Date or on the acquisition date for the Leased Propertythereafter. None of the Lessor, any the Administrative Agent or any of the Participants has made or shall be deemed to have made any representation, warranty or covenant (express or implied except as expressly provided in the Operative Documents) or shall be deemed to have any liability whatsoever as to the title (other than for lessor liensLessor Liens), value, habitability, use, condition (including environmental condition), design, operation, or fitness for use of the Leased Property (or any part thereof), or any other representation, warranty or covenant whatsoever, express or implied, with respect to the Leased Property (or any part thereof) and none of the Lessor, the Administrative Agent or any of the Participants shall be liable for any latent, hidden, or patent defect therein (other than for Lessor Liens) or the failure of the Leased Property, or any part thereof, to comply with any applicable lawsApplicable Laws. All risks incident to the matters discussed in the preceding sentence, as between Lessor, the Administrative Agent and the Participants, on the one hand, and Lessee, on the other, are to be borne by Lessee. The provisions of this Section 7.1 have been negotiated, and, except to the extent otherwise expressly statedstated (including, without limitation, as expressly provided in Section 15.15 or 15.16 of the Participation Agreement, as applicable), the foregoing provisions are intended to be a complete exclusion and negation of any representations or warranties by any of Lessor, the Administrative Agent or the Participants, express or implied, with respect to the Leased Property (or any interest therein), other than the obligation to remove Lessor Liens attributable to it, that may arise pursuant to any law now or hereafter in effect as of the Restatement Date or thereafter or otherwise.

Condition of the Leased Property. The Lessee Xxxxxx acknowledges and agrees that although the Lessor Xxxxxx will own and hold record title to the Leased Property, the Lessee, acting as agentConstruction Agent for and on behalf of Lessor, is solely responsible under the terms of the Project Supervisory Construction Agency Agreement (i) subject to the terms of the Equipment Contracts, for the design, development, budgeting and manufacture of the Equipment, (ii) for the design, development, budgeting and construction Construction of the financed improvementsFacility, and (iiiii) for any alterations or modifications and all activities conducted in connection therewith. the Lessee further acknowledges and agrees that it is leasing the property "Leased Property “as is" ” without representation, warranty or covenant (express or implied) by the Lessor, the Administrative Agent or the Participants and in each case subject to (a) the existing state of title (excluding lessor liensLessor Liens), (b) the rights of any parties in possession thereof, (c) any state of facts which an accurate survey or a physical inspection might show, and (d) violations of requirements of law Applicable Law with respect to the leased Leased Property, Lessee or its operations on or with respect to the Leased Property which may exist on the date hereof or on hereafter and (E) the acquisition date for rights of the Leased PropertyGround Lessor and Ground Lessee under the Ground Lease. None of the Lessor, any the Administrative Agent or any of and the Participants has made or shall be deemed to have made any representation, warranty or covenant (express or implied except as expressly provided in the Operative Documents) or shall be deemed to have any liability whatsoever as to the title (other than for lessor liensLessor Liens), value, habitability, use, condition (including environmental condition), design, operation, or fitness for use of the Leased Property (or any part thereof), or any other representation, warranty or covenant whatsoever, express or implied, with respect to the Leased Property (or any part thereof) except as expressly provided in the Operative Documents, and none of the Lessor, the Administrative Agent or any of the Participants shall be liable for any latent, hidden, or patent defect therein (other than for Lessor Liens) or the failure of the Leased Property, or any part thereof, to comply with any applicable lawsApplicable Laws. All risks incident to the matters discussed in the preceding sentence, as between LessorXxxxxx, the Administrative Agent and the Participants, on the one hand, and LesseeXxxxxx, on the other, are to be borne by LesseeXxxxxx. The provisions of this Section 7.1 have been negotiated, and, except to the extent otherwise expressly stated, the foregoing provisions are intended to be a complete exclusion and negation of any representations or warranties by any of Lessor, the Administrative Agent or the Participants, express or implied, with respect to the Leased Property (or any interest therein), that may arise pursuant to any law now or hereafter in effect or otherwise.

Condition of the Leased Property. The Lessee acknowledges and agrees that although the Lessor Lxxxxx will own and hold record title to the Leased Property, the Lessee, acting as agentAgent pursuant to the power of attorney granted to the Lessee by Lessor hereunder, is solely responsible under the terms of the Project Supervisory Agreement (i) subject to the terms of the Equipment Contracts, for the design, development, budgeting and manufacture of the Equipment, (ii) for the design, development, budgeting and construction of the financed improvements, and (iii) any alterations or modifications and all activities conducted in connection therewiththerewith including the obtaining of all permits required in accordance with Applicable Law. the The Lessee further acknowledges and agrees that it is leasing the property "Leased Property “as is" ” without representation, warranty or covenant (express or implied) by the Lessor, the Administrative Agent or the Participants and in each case subject to (a) the existing state of title (excluding lessor liensLessor Liens), (b) the rights of any parties in possession thereof, (c) any state of facts which an accurate survey or a physical inspection might show, show and (d) violations of requirements of law Applicable Law with respect to the leased Leased Property, Lessee or its operations on or with respect to the Leased Property which may exist on the date hereof Restatement Date or on the acquisition date for the Leased Propertythereafter. None of the Lessor, any the Administrative Agent or any of the Participants has made or shall be deemed to have made any representation, warranty or covenant (express or implied except as expressly provided in the Operative Documents) or shall be deemed to have any liability whatsoever as to the title (other than for lessor liensLessor Liens), value, habitability, use, condition (including environmental condition), design, operation, or fitness for use of the Leased Property (or any part thereof), or any other representation, warranty or covenant whatsoever, express or implied, with respect to the Leased Property (or any part thereof) and none of the Lessor, the Administrative Agent or any of the Participants shall be liable for any latent, hidden, or patent defect therein (other than for Lessor Liens) or the failure of the Leased Property, or any part thereof, to comply with any applicable lawsApplicable Laws. All risks incident to the matters discussed in the preceding sentence, as between LessorLxxxxx, the Administrative Agent and the Participants, on the one hand, and LesseeLxxxxx, on the other, are to be borne by LesseeLxxxxx. The provisions of this Section 7.1 have been negotiated, and, except to the extent otherwise expressly statedstated (including, without limitation, as expressly provided in Section 15.15 or 15.16 of the Participation Agreement, as applicable), the foregoing provisions are intended to be a complete exclusion and negation of any representations or warranties by any of Lessor, the Administrative Agent or the Participants, express or implied, with respect to the Leased Property (or any interest therein), other than the obligation to remove Lessor Liens attributable to it, that may arise pursuant to any law now or hereafter in effect as of the Restatement Date or thereafter or otherwise.