Common use of Existing Equipment Clause in Contracts

Existing Equipment. During the term of this Lease, Tenant shall be entitled to use any existing laboratory equipment, case work, or fume hoods left in the Premises by the prior tenants (collectively, the “Existing Equipment”) so long as Existing Equipment complies with current governmental regulations. Tenant hereby accepts the Existing Equipment in its as-is, where is condition. Tenant acknowledges that it has been afforded a full opportunity to inspect the Existing Equipment and that its use of the Existing Equipment is at its own risk and expense. Tenant further acknowledges that, notwithstanding any prior or contemporaneous oral or written representations, statements, documents or understandings, Landlord has not made and does not make any representations or warranties of any kind whatsoever, either express or implied, including but not limited to any implied warranties of merchantability or fitness for a particular purpose, with respect to the Existing Equipment. Tenant shall be solely responsible at its cost for maintaining, repairing and/or replacing the Existing Equipment during the term of this Lease. Tenant hereby releases and agrees to indemnify and defend Landlord from and against any claims or damages related to the Existing Equipment arising out of Tenant’s use of the Existing Equipment.

Existing Equipment. During the term of this Lease, Tenant shall be entitled to use any existing laboratory equipment, equipment (such as case work, or fume hoods hoods, deionized water systems, freezers, voice/data lines and cabling, if any) left in the Premises by the prior tenants (collectively, the “"Existing Equipment”) so long as Existing Equipment complies with current governmental regulations"). Tenant hereby accepts the Existing Equipment in its as-is, where is condition. Tenant acknowledges that it has been afforded a full opportunity to inspect the Existing Equipment and that its use of the Existing Equipment is at its own risk and expense. Tenant further acknowledges that, notwithstanding any prior or contemporaneous oral or written representations, statements, documents or understandings, Landlord has not made and does not make any representations or warranties of any kind whatsoever, either express or implied, including but not limited to any implied warranties of merchantability or fitness for a particular purpose, with respect to the Existing Equipment. Tenant shall be solely responsible at its cost for maintaining, repairing and/or replacing the Existing Equipment during the term of this Lease, provided that Tenant shall have no obligation to do anything other than maintain the Existing Equipment in its present condition, normal wear, tear and obsolescence excepted. Tenant hereby releases and agrees to indemnify and defend Landlord from and against any claims or damages related to the Existing Equipment arising out from events occurring during the term of Tenant’s use of the Existing Equipmentthis Lease.