Common use of Limitations of Warranties Clause in Contracts

Limitations of Warranties. District acknowledges and agrees that, other than as may be specifically set forth herein, County has not made, does not make and specifically disclaims any representations, warranties, promises, covenants, agreements or guaranties of any kind or character whatsoever, whether express or implied, oral or written, past, present or future, of, as to, concerning or with respect to (a) the nature, quality or condition of the Facilities, including, without limitation, the water, soil and geology, (b) the income to be derived from the Facilities, (c) the suitability of the Facilities for any and all activities and uses which District may conduct thereon, (d) the compliance of or by the Facilities or its operation with any laws, rules, ordinances or regulations of any applicable governmental authority or body, including, without limitation, The Americans with Disabilities Act and any rules and regulations promulgated thereunder or in connection therewith, and The Texas Architectural Barriers Act and any rules and regulations promulgated thereunder or in connection therewith, (e) the habitability, merchantability or fitness for a particular purpose of the Facilities, or (f) any other matter with respect to the Facilities, and specifically that County has not made, does not make and specifically disclaims any representations regarding solid waste, as defined by the U.S. Environmental Protection Agency Regulations at 40 C.F.R., Part 261, or the disposal or existence, in or on the Facilities, of any hazardous substance, as defined by The Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended, and applicable state laws, and regulations promulgated thereunder. District further acknowledges and agrees that having been given the opportunity to inspect the Facilities, District is relying solely on its own investigation of the Facilities and not on any information provided or to be provided by County. District further acknowledges and agrees that any information provided or to be provided with respect to the Facilities was obtained from a variety of sources and that County has not made any independent investigation or verification of such information. District further acknowledges and agrees that the Lease Agreement of the Facilities as provided for herein is made on an “AS IS, WHERE IS” condition and basis “WITH ALL FAULTS”. District acknowledges and agrees that the provisions of this paragraph were a material factor in the determination to permit District to use the Facilities. The terms of this paragraph will survive any termination of this Lease Agreement.

Limitations of Warranties. District Lessee acknowledges and agrees that, other than as may be specifically set forth herein, County Lessor has not made, does not make and specifically disclaims any representations, warranties, promises, covenants, agreements or guaranties of any kind or character whatsoever, whether express or implied, oral or written, past, present or future, of, as to, concerning or with respect to (a) the nature, quality or condition of the FacilitiesLeased Premises, including, without limitation, the water, soil and geology, (b) the income to be derived from the FacilitiesLeased Premises, (c) the suitability of the Facilities Leased Premises for any and all activities and uses which District Lessee may conduct thereon, (d) the compliance of or by the Facilities Leased Premises or its operation with any laws, rules, ordinances or regulations of any applicable governmental authority or body, including, without limitation, The Americans with Disabilities Act and any rules and regulations promulgated thereunder or in connection therewith, and The Texas Architectural Barriers Act and any rules and regulations promulgated thereunder or in connection therewith, (e) the habitability, merchantability or fitness for a particular purpose of the FacilitiesLeased Premises, or (f) any other matter with respect to the FacilitiesLeased Premises, and specifically that County Lessor has not made, does not make and specifically disclaims any representations regarding solid waste, as defined by the U.S. Environmental Protection Agency Regulations at 40 C.F.R., Part 261, or the disposal or existence, in or on the FacilitiesLeased Premises, of any hazardous substance, as defined by The Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended, and applicable state laws, and regulations promulgated thereunder. District Xxxxxx further acknowledges and agrees that having been given the opportunity to inspect the FacilitiesLeased Premises, District Xxxxxx is relying solely on its own investigation of the Facilities Leased Premises and not on any information provided or to be provided by CountyXxxxxx. District Xxxxxx further acknowledges and agrees that any information provided or to be provided with respect to the Facilities Leased Premises was obtained from a variety of sources and that County Lessor has not made any independent investigation or verification of such information. District Xxxxxx further acknowledges and agrees that the Lease Agreement of the Facilities Leased Premises as provided for herein is made on an “AS IS, WHERE IS” condition and basis “WITH ALL FAULTS”. District Xxxxxx acknowledges and agrees that the provisions of this paragraph were a material factor in the determination to permit District to use of the Facilitiesamount of the rent of the Leased Premises. The terms of this paragraph will survive any termination of this Lease AgreementLease.

Limitations of Warranties. District acknowledges and agrees that, other than as may be specifically set forth herein, County has not made, does not make and specifically disclaims any representations, warranties, promises, covenants, agreements or guaranties of any kind or character whatsoever, whether express or implied, oral or written, past, present or future, of, as to, concerning or with respect to (a) the nature, quality or condition of the Facilities, including, without limitation, the water, soil and geology, (b) the income to be derived from the Facilities, (c) the suitability of the Facilities for any and all activities and uses which District may conduct thereon, (d) the compliance of or by the Facilities or its operation with any laws, rules, ordinances or regulations of any applicable governmental authority or body, including, without limitation, The Americans with Disabilities Act and any rules and regulations promulgated thereunder or in connection therewith, and The Texas Architectural Barriers Act and any rules and regulations promulgated thereunder or in connection therewith, (e) the habitability, merchantability or fitness for a particular purpose of the Facilities, or (f) any other matter with respect to the Facilities, and specifically that County has not made, does not make and specifically disclaims any representations regarding solid waste, as defined by the U.S. Environmental Protection Agency Regulations at 40 C.F.R., Part 261, or the disposal or existence, in or on the Facilities, of any hazardous substance, as defined by The Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended, and applicable state laws, and regulations promulgated thereunder. District further acknowledges and agrees that having been given the opportunity to inspect the Facilities, District is relying solely on its own investigation of the Facilities and not on any information provided or to be provided by County. District further acknowledges and agrees that any information provided or to be provided with respect to the Facilities was obtained from a variety of sources and that County has not made any independent investigation or verification of such informationINVESTIGATION OR VERIFICATION OF SUCH INFORMATION. District further acknowledges and agrees that the Lease License Agreement of the Facilities as provided for herein is made on an “AS IS, WHERE IS” condition and basis “WITH ALL FAULTS”. District acknowledges and agrees that the provisions of this paragraph were a material factor in the determination to permit District to use the Facilities. The terms of this paragraph will survive any termination of this Lease License Agreement.

Limitations of Warranties. District BTCS acknowledges and agrees that, other than as may be specifically set forth herein, County has not made, does not make and specifically disclaims any representations, warranties, promises, covenants, agreements or guaranties of any kind or character whatsoever, whether express or implied, oral or written, past, present or future, of, as to, concerning or with respect to (a) the nature, quality or condition of the Facilities, including, without limitation, the water, soil and geology, (b) the income to be derived from the Facilities, (c) the suitability of the Facilities for any and all activities and uses which District BTCS may conduct thereon, (d) the compliance of or by the Facilities or its operation with any laws, rules, ordinances or regulations of any applicable governmental authority or body, including, without limitation, The Americans with Disabilities Act and any rules and regulations promulgated thereunder or in connection therewith, and The Texas Architectural Barriers Act and any rules and regulations promulgated thereunder or in connection therewith, (e) the habitability, merchantability or fitness for a particular purpose of the Facilities, or (f) any other matter with respect to the Facilities, and specifically that County has not made, does not make and specifically disclaims any representations regarding solid waste, as defined by the U.S. Environmental Protection Agency Regulations at 40 C.F.R., Part 261, or the disposal or existence, in or on the Facilities, of any hazardous substance, as defined by The Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended, and applicable state laws, and regulations promulgated thereunder. District BTCS further acknowledges and agrees that having been given the opportunity to inspect the Facilities, District BTCS is relying solely on its own investigation of the Facilities and not on any information provided or to be provided by County. District BTCS further acknowledges and agrees that any information provided or to be provided with respect to the Facilities was obtained from a variety of sources and that County has not made any independent investigation or verification of such information. District BTCS further acknowledges and agrees that the Lease License Agreement of the Facilities as provided for herein is made on an “AS IS, WHERE IS” condition and basis “WITH ALL FAULTS”. District BTCS acknowledges and agrees that the provisions of this paragraph were a material factor in the determination to permit District BTCS to use the Facilities. The terms of this paragraph will survive any termination of this Lease License Agreement.

Limitations of Warranties. District Lessee acknowledges and agrees that, other than as may be specifically set forth herein, County Lessor has not made, does not make and specifically disclaims any representations, warranties, promises, covenants, agreements or guaranties of any kind or character whatsoever, whether express or implied, oral or written, past, present or future, of, as to, concerning or with respect to (a) the nature, quality or condition of the FacilitiesLeased Premises, including, without limitation, the water, soil and geology, (b) the income to be derived from the FacilitiesLeased Premises, (c) the suitability of the Facilities Leased Premises for any and all activities and uses which District Lessee may conduct thereon, (d) the compliance of or by the Facilities Leased Premises or its operation with any laws, rules, ordinances or regulations of any applicable governmental authority or body, including, without limitation, The Americans with Disabilities Act and any rules and regulations promulgated thereunder or in connection therewith, and The Texas Architectural Barriers Act and any rules and regulations promulgated thereunder or in connection therewith, (e) the habitability, merchantability or fitness for a particular purpose of the FacilitiesLeased Premises, or (f) any other matter with respect to the FacilitiesLeased Premises, and specifically that County Lessor has not made, does not make and specifically disclaims any representations regarding solid waste, as defined by the U.S. Environmental Protection Agency Regulations at 40 C.F.R., Part 261, or the disposal or existence, in or on the FacilitiesLeased Premises, of any hazardous substance, as defined by The Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended, and applicable state laws, and regulations promulgated thereunder. District Lessee further acknowledges and agrees that having been given the opportunity to inspect the FacilitiesLeased Premises, District Lessee is relying solely on its own investigation of the Facilities Leased Premises and not on any information provided or to be provided by CountyLessor. District Lessee further acknowledges and agrees that any information provided or to be provided with respect to the Facilities Leased Premises was obtained from a variety of sources and that County Lessor has not made any independent investigation or verification of such information. District Lessee further acknowledges and agrees that the Lease Agreement of the Facilities Leased Premises as provided for herein is made on an “AS IS, WHERE IS” condition and basis “WITH ALL FAULTS”. District Lessee acknowledges and agrees that the provisions of this paragraph were a material factor in the determination to permit District to use of the Facilitiesamount of the rent of the Leased Premises. The terms of this paragraph will survive any termination of this Lease AgreementLease.