Common use of Initial Condition Clause in Contracts

Initial Condition. Except as set forth in Section 7.4 below, Tenant agrees to accept the Premises in an absolutely “as-is” condition, and Tenant acknowledges that Landlord, its agents, attorneys, representatives and employees have not and do not make any representations or warranties, express or implied, to Tenant regarding the Premises, including, but not limited to: (i) the zoning of the Premises; (ii) the condition of any underground, above ground or surface improvements; (iii) the size, area, use or type of the Premises or the fitness of the Premises for any intended or particular use; (iv) the nature of the soil on and underlying the Premises or its suitability for development or any other use thereof; (v) any financial information pertaining to the operation of the Premises; (vi) the status of any Requirements or obligations imposed, implied or to be undertaken by the owner or developer of the Premises pursuant to any zoning, subdivision, development laws or agreements with any governmental entities; (vii) the presence or absence of any toxic wastes, hazardous materials or structural defects in, on or under the Premises or any improvements thereon; or (viii) the presence or absence of any rights of any governmental authority, or of owners of property in the vicinity of the Premises, to obtain reimbursement, recapture or special assessments from any owner of the Premises for all or a portion of the cost of any utilities, roads or other improvements heretofore or hereafter located on or in the vicinity of the Premises (and if such rights exist, Tenant agrees to pay all sums due pursuant thereto, it being expressly acknowledged and agreed that, Tenant hereby waives any claim Tenant may have or may hereafter acquire against Landlord, its agents, attorneys, representatives or employees for said costs), any and all such representations and warranties, express or implied, being hereby expressly waived by Tenant and disclaimed by Landlord.

Initial Condition. Except as set forth for the completion and performance of Punchlist items remaining in Section 7.4 belowLandlord’s Work under the Design-Build Agreement (which shall not in any manner alter or extend the Rent Commencement Date) and subject to warranties of design, workmanship and materials undertaken and/or granted by contractors and/or suppliers in connection therewith (breach of which will not affect Tenant’s obligations hereunder), at the Delivery Date, and without assuming or accepting any obligation or liability to any third party in respect of any latent defect, Tenant agrees to accept possession of the Premises in an absolutely its “as-is”, “where-is” and “with-all-faults” condition, and Tenant acknowledges that Landlord, its agents, attorneys, representatives and employees have not and do not make any representations or warranties, express or implied, to Tenant regarding the Premises, including, but not limited to: to:‌ (i) the zoning of the Premises; (ii) the condition of any underground, above ground or surface improvements; (iii) the size, area, use or type of the Premises or the fitness of the Premises for any intended or particular use; (iv) the nature of the soil on and underlying the Premises or its suitability for development or any other use thereof; (vii) any financial information pertaining to the operation of the Premises; (vi) the status of any Requirements or obligations imposed, implied or to be undertaken by the owner or developer of the Premises pursuant to any zoning, subdivision, development laws or agreements with any governmental entities; (viiiii) the presence or absence of any toxic wastes, hazardous materials or structural defects in, on or under environmental contamination except with respect to the Premises or any improvements thereonrelease of Hazardous Materials during the period from the Effective Date to the Delivery Date; or and (viiiiv) the presence or absence of any rights of any governmental authority, or of owners of property in the vicinity of the Premises, to obtain reimbursement, recapture or special assessments from any owner of the Premises for all or a portion of the cost of any utilities, roads or other improvements heretofore or hereafter located on or in the vicinity of the Premises (and if such rights exist, Tenant agrees to pay all sums due pursuant thereto, it being expressly acknowledged and agreed that, Tenant hereby waives any claim Tenant may have or may hereafter acquire against Landlord, its agents, attorneys, representatives or employees for said costs)Premises, any and all such representations and warranties, express or implied, being hereby expressly waived by Tenant and disclaimed by Landlord.