Common use of NO REPRESENTATIONS BY LANDLORD Clause in Contracts

NO REPRESENTATIONS BY LANDLORD. Neither Landlord nor Landlord’s agents have made any representations or promises with respect to the physical condition of the Property or the Building, the Demised Premises, permissible uses of Demised Premises, the rents, leases, expenses of operation or any other matter or thing affecting or related to the Demised Premises except as herein expressly set forth, and no rights, easements, or licenses are acquired by Tenant by implication or otherwise except as expressly set forth in the provisions of this Lease. Tenant has inspected the Building and the Demised Premises and is thoroughly acquainted with their condition, and agrees to accept the same “as is” subject to completion of Landlord’s Work, if any. All understandings and agreements heretofore made between the parties hereto are merged in this Lease, which alone fully and completely expresses the agreement between Landlord and Tenant, and any executory agreement hereafter made shall be ineffective to change, modify, discharge or effect an abandonment of it, in whole or in part, or a surrender of this Lease or of the Demised Premises or any part thereof or of any interest of Tenant therein unless such executory agreement is in writing and signed by Landlord and Tenant. Notwithstanding any provision to the contrary, Landlord represents that (i) any existing ground lease affecting the Property is subordinate to this Lease; and (ii) the Building was constructed substantially in accordance with the plans filed with the applicable governmental authorities.

NO REPRESENTATIONS BY LANDLORD. Neither Except as specifically provided herein, neither Landlord nor Landlord’s 's agents have made any representations or promises with respect to the physical condition of the Property or the Building, the Demised Premises, permissible uses of land upon which it is erected or the Demised Premises, the rents, leases, expenses of operation or any other matter or thing affecting or related to the Demised Premises or the Building except as herein expressly set forth, forth and no rights, easements, easements or licenses are acquired by Tenant by implication or otherwise except as expressly set forth in the provisions of this Leaselease. Tenant has inspected the Building and the Demised Premises and is thoroughly acquainted with their conditioncondition and, and except as specifically provided herein, agrees to accept take the same “"as is” subject to completion " on the date possession is tendered and acknowledges that the taking of Landlord’s Work, if anypossession of the Demised Premises by Tenant shall be conclusive evidence that the said Demised Premises and the Building of which the same form a part were in good and satisfactory condition at the time such possession was so taken. All understandings and agreements heretofore made between the parties hereto are merged in this Leasecontract, which alone fully and completely expresses the agreement between Landlord and Tenant, Tenant and any executory agreement hereafter made shall be ineffective to change, modify, discharge or effect an abandonment of it, it in whole or in part, or a surrender of this Lease or of the Demised Premises or any part thereof or of any interest of Tenant therein unless such executory agreement is in writing and signed by Landlord and Tenant. Notwithstanding any provision to the contrary, Landlord represents that (i) any existing ground lease affecting the Property is subordinate to this Lease; and (ii) the Building was constructed substantially in accordance with the plans filed with the applicable governmental authorities.executory

NO REPRESENTATIONS BY LANDLORD. Neither Except as may otherwise be provided elsewhere in this Lease, neither Landlord nor Landlord’s 's agents have made any representations or promises with respect to the physical condition of the Property or the Building, the Demised Premises, permissible uses of Demised PremisesBuilding, the rents, leases, expenses of operation or any other matter or thing affecting or related to the Demised Premises Building except as herein expressly set forth, and no rights, easements, or licenses are acquired by Tenant by implication or otherwise except as expressly set forth in the provisions of this Lease. Tenant has inspected the Building and the Demised Premises and is thoroughly acquainted with their condition, and agrees to accept the same “"as is” " subject to completion of Landlord’s 's Work; provided, if anyhowever, that the foregoing is not intended to and shall not be construed as a waiver by Tenant of any obligations of the general contractor, subcontractors or design professionals with respect to Landlord's Work. All understandings and agreements heretofore made between the parties hereto are merged in this Lease, which alone fully and completely expresses the agreement between Landlord and Tenant, and any executory agreement hereafter made shall be ineffective to change, modify, discharge or effect an abandonment of it, in whole or in part, or a surrender of this Lease or of the Demised Premises Building or any part thereof or of any interest of Tenant therein unless such executory agreement is in writing and signed by Landlord and Tenant. Notwithstanding any provision to the contrary, Landlord represents that (i) any existing ground lease affecting the Property is subordinate to this Lease; and (ii) the Building was constructed substantially in accordance with the plans filed with the applicable governmental authorities.

NO REPRESENTATIONS BY LANDLORD. Neither Landlord nor Landlord’s 's agents have made any representations or promises with respect to the physical condition of the Property building, the land upon which it is erected or the Building, the Demised Premises, permissible uses of Demised Premisesdemised premises, the rents, leases, expenses of operation or any other matter or thing affecting or related to the Demised Premises premises except as herein expressly set forth, forth and no rights, easements, easements or licenses are acquired by Tenant by implication or otherwise except as expressly set forth in the provisions of this Lease. lease Tenant has inspected the Building building and the Demised Premises demised premises and is thoroughly acquainted with their condition, applicable zoning, permissible uses, and occupancy requirements, and agrees to accept take the same “"as is” subject " and acknowledges that the taking of possession of the demised premises by Tenant shall be conclusive evidence that the said premises and the building of which the same form a part were in good and satisfactory condition at the time such possession was so taken, except as to completion of Landlord’s Work, if anylatent defects. All understandings and agreements heretofore made between the parties hereto are merged in this Leasecontract, which alone fully and completely expresses the agreement between Landlord and Tenant, Tenant and any executory agreement hereafter made shall be ineffective to change, modify, discharge or effect an abandonment of it, it in whole or in part, or a surrender of this Lease or of the Demised Premises or any part thereof or of any interest of Tenant therein unless such executory agreement is in writing and signed by Landlord and Tenant. Notwithstanding any provision to the contraryparty against whom enforcement of the change, Landlord represents that (i) any existing ground lease affecting the Property modification, discharge or abandonment is subordinate to this Lease; and (ii) the Building was constructed substantially in accordance with the plans filed with the applicable governmental authoritiessought.

NO REPRESENTATIONS BY LANDLORD. (a) Neither Landlord nor Landlord’s 's agents have made any representations or promises with respect to the physical condition of the Property building, the land upon which it is erected or the Building, the Demised Premises, permissible uses of Demised Premises, the rents, leases, expenses of operation or any other matter or thing affecting or related to the Demised Premises except as herein expressly set forth, forth and no rights, easements, easements or licenses are acquired by Tenant by implication or otherwise except as expressly set forth in the provisions of this Lease. Tenant has inspected the Building building and the Demised Premises and is thoroughly acquainted with their condition, condition and agrees to accept take the same “"as is” subject " and acknowledges that the taking of possession of the Demised Premises by Tenant shall be conclusive evidence that the same and the building of which the same form a part were in good and satisfactory condition at the time such possession was so taken, except as to completion of Landlord’s Work, if anythe latent defects. All understandings and agreements heretofore made between the parties hereto are merged in this Lease, which alone which, along with the attached Rider, fully and completely expresses the agreement between Landlord and Tenant, and any . Any executory agreement hereafter made shall be ineffective to change, modify, discharge or effect an abandonment of it, it in whole or in part, or a surrender of this Lease or of the Demised Premises or any part thereof or of any interest of Tenant therein unless such executory agreement is in writing and signed by Landlord and Tenant. Notwithstanding any provision to the contraryparty against whom enforcement of the change, Landlord represents that (i) any existing ground lease affecting the Property modification, discharge or abandonment is subordinate to this Lease; and (ii) the Building was constructed substantially in accordance with the plans filed with the applicable governmental authoritiessought.

NO REPRESENTATIONS BY LANDLORD. Neither Except as otherwise expressly provided for herein, neither Landlord nor Landlord’s 's agents have made any representations or promises with respect to the physical condition of the Property or the Building, the land upon which it is erected or the Demised Premises, permissible uses of Demised Premises, Premises the rents, leases, expenses of operation or any other matter or thing affecting or related to the Demised Premises or the Building except as herein expressly set forth, forth and no rights, easements, easements or licenses are acquired by Tenant by implication or otherwise except as expressly set forth in the provisions of this Leaselease. Tenant has inspected the Building and the Demised Premises and is thoroughly acquainted with their condition, condition and agrees to accept take the same “"as is” " subject to completion Landlord's Work (as provided in Article 52 herein) on the date possession is tendered and acknowledges that the taking of Landlord’s Work, if anypossession of the Demised Premises by Tenant shall be conclusive evidence that the said Demised Premises and the Building of which the same form a part were in good and satisfactory condition at the time such possession was so taken. All understandings and agreements heretofore made between the parties hereto are merged in this Leasecontract, which alone fully and completely expresses the agreement between Landlord and Tenant, Tenant and any executory agreement hereafter made shall be ineffective to change, modify, discharge or effect an abandonment of it, it in whole or in part, or a surrender of this Lease or of the Demised Premises or any part thereof or of any interest of Tenant therein unless such executory agreement is in writing and signed by Landlord and Tenantthe party against whom enforcement of the change, modification, discharge or abandonment is sought. Notwithstanding any provision to the contraryforegoing Landlord represents, Landlord represents covenants and warrants that (i) any existing ground lease affecting on the Property is subordinate to this Lease; and (ii) Commencement Date, all the Building was constructed substantially systems, i.e., plumbing, electrical and mechanical systems servicing the Demised Premises will be in accordance with the plans filed with the applicable governmental authoritiesgood working order, repair and condition.

NO REPRESENTATIONS BY LANDLORD. Neither Landlord nor Landlord’s 's agents have made any representations or promises with respect to the physical condition of the Property building, the land upon which it is erected or the Building, the Demised Premises, permissible uses of Demised Premisesdemised premises, the rents, leases, leases, expenses of operation or any other matter or thing affecting or related to the Demised Premises premises except as herein expressly set forth, se forth and no rights, easements, easements or licenses are acquired by Tenant by implication or otherwise except as expressly set forth in the provisions of this Lease. lease Tenant has inspected the Building building and the Demised Premises demised premises and is thoroughly acquainted with their condition, applicable zoning, permissible uses, and occupancy requirements, and agrees to accept take the same “"as is” subject " and acknowledges that the taking of possession of the demised premises by Tenant shall be conclusive evidence that the said premises and the building of which the same form a part were in good and satisfactory condition at the time such possession was so taken, except as to completion of Landlord’s Work, if anylatent defects. All understandings understanding and agreements heretofore made between the parties hereto are merged in this Leasecontract, which alone fully and completely expresses the agreement between the Landlord and Tenant, Tenant and any executory agreement hereafter made shall be ineffective to change, modify, discharge or effect an abandonment of it, it in whole or in part, or a surrender of this Lease or of the Demised Premises or any part thereof or of any interest of Tenant therein unless such executory agreement is in writing and signed by Landlord and Tenant. Notwithstanding any provision to the contraryparty against whom enforcement of the change, Landlord represents that (i) any existing ground lease affecting the Property modification, discharge or abandonment is subordinate to this Lease; and (ii) the Building was constructed substantially in accordance with the plans filed with the applicable governmental authoritiessought.

NO REPRESENTATIONS BY LANDLORD. Neither Landlord nor Landlord’s agents have made any representations or promises with respect to the physical condition of the Property or the Building, the Demised Premises, permissible uses of Demised land upon which it is erected or the Premises, the rents, leases, expenses of operation or any other matter or thing affecting or related to the Demised Premises except as herein expressly set forth, forth and no rights, easements, easements or licenses are acquired by Tenant by implication or otherwise except as expressly set forth in the provisions of this Lease. Tenant has inspected the Building and the Demised Premises and is thoroughly acquainted with their condition, condition and agrees to accept take the same “as is” ”, subject to the completion of Landlord’s Initial Work, if anyand acknowledges that the taking of possession of the Premises by Tenant shall be conclusive evidence that the said Premises and the Building of which the same form a part were in good and satisfactory condition at the time such possession was so taken, except as to latent defects and the completion of work related to Landlord’s Initial Work. All understandings and agreements heretofore made between the parties hereto are merged in this Leasecontract, which alone fully and completely expresses the agreement between Landlord and Tenant, Tenant and any executory agreement hereafter made shall be ineffective to change, modify, discharge or effect an abandonment of it, it in whole or in part, or a surrender of this Lease or of the Demised Premises or any part thereof or of any interest of Tenant therein unless such executory agreement is in writing and signed by the party against whom enforcement of the change, modification, discharge or abandonment is sought. Landlord warrants that, as of the Possession Date, no hazardous materials shall be located at the Premises. Landlord shall at its sole cost and Tenant. Notwithstanding expense be responsible for removing any provision to hazardous materials which are located at the contrary, Landlord represents that (i) any existing ground lease affecting Premises as of the Property is subordinate to this Lease; and (ii) the Building was constructed substantially Possession Date in accordance with the plans filed with the applicable governmental authoritiesviolation of legal requirements.

NO REPRESENTATIONS BY LANDLORD. Neither Landlord nor Landlord’s 's advisors or agents have made any representations or promises with respect to the physical condition of the Property or the Building, the Demised Premises, permissible uses of Demised Premises, the rents, leases, expenses of operation or any other matter or thing affecting or related to the Demised Premises except as herein expressly set forth, and no rights, easements, or licenses are acquired by Tenant by implication or otherwise except as expressly set forth in the provisions of this Lease. Tenant has inspected the Building and the Demised Premises and is thoroughly acquainted with their condition, and agrees to accept the same “"as is” " subject to completion of Landlord’s Work's Work and the items on Tenant's punchlist, if any. All understandings and agreements heretofore made between the parties hereto are merged in this Lease, which alone fully and completely expresses the agreement between Landlord and Tenant, and any executory agreement hereafter made shall be ineffective to change, modify, discharge or effect an abandonment of it, in whole or in part, or a surrender of this Lease or of the Demised Premises or any part thereof or of any interest of Tenant therein unless such executory agreement is in writing and signed by Landlord and Tenant. Notwithstanding any provision to the contrary, Landlord represents that (i) any existing ground lease affecting the Property is subordinate to this Lease; and (ii) the Building was constructed substantially in accordance with the plans filed with the applicable governmental authorities.

NO REPRESENTATIONS BY LANDLORD. Neither Landlord nor Landlord’s agents have made any representations or promises with respect to the physical condition of the Property or the Building, the Demised Premises, permissible uses of Demised land upon which it is erected or the Premises, the rents, leases, expenses of operation or any other matter or thing affecting or related to the Demised Premises or the Building except as herein expressly set forth, forth and no rights, easements, easements or licenses are acquired by Tenant by implication or otherwise except as expressly set forth in the provisions of this Lease. Tenant Txxxxx has inspected the Building and the Demised Premises and is thoroughly acquainted with their condition, condition and agrees to accept take the same “as is” subject to completion ”, broom clean condition, on the date possession is tendered and acknowledges that the taking of Landlord’s Work, if anypossession of the Premises by Tenant shall be conclusive evidence that the said Premises and the Building of which the same form a part were in good and satisfactory condition at the time such possession was so taken. All understandings and agreements heretofore made between the parties hereto are merged in this Lease, which alone fully and completely expresses the agreement between Landlord and Tenant, Tenant and any executory agreement hereafter made shall be ineffective to change, modify, discharge or effect an abandonment of it, it in whole or in part, or a surrender of this Lease or of the Demised Premises or any part thereof or of any interest of Tenant therein unless such executory agreement is in writing and signed by Landlord and Tenant. Notwithstanding any provision to the contraryparty against whom enforcement of the change, Landlord represents that (i) any existing ground lease affecting the Property modification, discharge or abandonment is subordinate to this Lease; and (ii) the Building was constructed substantially in accordance with the plans filed with the applicable governmental authoritiessought.

NO REPRESENTATIONS BY LANDLORD. Neither Landlord nor Landlord’s 's agents have made any representations or promises with respect to the physical condition of the Property or the Building, the Demised Premises, permissible uses of Demised Premises, the rents, leases, expenses of operation or any other matter or thing affecting or related to the Demised Premises except as herein expressly set forth, and no rights, easements, or licenses are acquired by Tenant by implication or otherwise except as expressly set forth in the provisions of this Lease. Tenant has inspected the Building and the Demised Premises and is thoroughly acquainted with their condition, and agrees to accept the same “"as is” " subject to completion of Landlord’s WorkTenant Improvements, if any. All understandings and agreements heretofore made between the parties hereto are merged in this Lease, which alone fully and completely expresses the agreement between Landlord and Tenant, and any executory agreement hereafter made shall be ineffective to change, modify, discharge or effect an abandonment of it, in whole or in part, or a surrender of this Lease or of the Demised Premises or any part thereof or of any interest of Tenant therein unless such executory agreement is in writing and signed by Landlord and Tenant. Notwithstanding any provision to the contrary, Landlord represents that (i) any existing ground lease affecting the Property is subordinate to this Lease; and (ii) the Building was constructed substantially in accordance with the plans filed with the applicable governmental authorities.

NO REPRESENTATIONS BY LANDLORD. Neither Landlord nor Landlord’s 's agents have made any representations representation or promises with respect to the physical condition of the Property building, the land upon which it is erected or the Building, the Demised Premises, permissible uses of Demised Premises, the rents, leases, expenses of operation operation, or any other matter or thing affecting or related to the Demised Premises premises except as herein expressly set forth, forth and no rights, easements, easements or licenses are acquired by Tenant by implication or otherwise except as expressly set forth in the provisions of this Lease. Tenant has inspected the Building buildings and the Demised Premises and is thoroughly acquainted with their condition, conditions and agrees to accept take the same “"as is” subject to completion " (with the exception of the performance of Landlord’s 's Warehouse Work, if anyLandlord's Initial Office and Landlord Additional Office Work) and acknowledges that the taking of possession of the Premises and the building of which the same form a part were in good and satisfactory condition at the time such possession was so taken, except as to latent defects (and except as to the performance of Landlord's Warehouse Work, Landlord's Initial Office Work and Landlord's Additional Office Work). All understandings and agreements heretofore made between the parties hereto are merged in this Leasecontract, which alone fully and completely expresses the agreement between Landlord and Tenant, Tenant and any executory agreement hereafter made shall be ineffective to change, modify, discharge or effect an abandonment of it, it in whole or in part, or a surrender of this Lease or of the Demised Premises or any part thereof or of any interest of Tenant therein unless such executory agreement is in writing and signed by Landlord and Tenant. Notwithstanding any provision to the contraryparty against whom enforcement of the change, Landlord represents that (i) any existing ground lease affecting the Property modification, discharge or abandonment is subordinate to this Lease; and (ii) the Building was constructed substantially in accordance with the plans filed with the applicable governmental authoritiessought.

NO REPRESENTATIONS BY LANDLORD. 19. Neither Landlord nor Landlord’s agents have made any representations or promises with respect to the physical condition of the Property building, the land upon which it is erected or the Building, the Demised Premises, permissible uses of Demised Premisesdemised premises, the rents, leases, expenses of operation or any other matter or thing affecting or related to the Demised Premises premises except as herein expressly set forth, forth and no rights, easements, easements or licenses are acquired by Tenant by implication or otherwise except as expressly set forth fort in the provisions of this Leaselease. Tenant has inspected the Building building and the Demised Premises demised premises and is thoroughly acquainted with their condition, and agrees to accept take the same “as is” subject and acknowledges that the taking or possession of the demised premises by Tenant shall be conclusive evidence that the said premises and the building of which the same form a part were in good and satisfactory condition at the time such possession was so taken, except as to completion of Landlord’s Work, if anylatent defects. All understandings and agreements heretofore made between the parties hereto are merged in this Leasecontract, which alone fully and completely expresses the agreement between Landlord and Tenant, Tenant and any executory agreement hereafter made shall be ineffective to change, modify, discharge or effect an abandonment of it, it in whole or in part, or a surrender of this Lease or of the Demised Premises or any part thereof or of any interest of Tenant therein unless such executory agreement is in writing and signed by Landlord and Tenant. Notwithstanding any provision to the contraryparty against whom enforcement of the change, Landlord represents that (i) any existing ground lease affecting the Property modification, discharge or abandonment is subordinate to this Lease; and (ii) the Building was constructed substantially in accordance with the plans filed with the applicable governmental authoritiessought.

NO REPRESENTATIONS BY LANDLORD. Neither Landlord nor Landlord’s 's agents have made any representations or promises with respect to the physical condition of the Property building, the land upon which it is erected or the Building, the Demised Premises, permissible uses of Demised Leased Premises, the rents, leases, expenses of operation or any other matter or thing affecting or related to the Demised Leased Premises except as herein expressly set forth, forth and no rights, easements, easements or licenses are acquired by Tenant by implication or otherwise except as expressly set forth in the provisions of this Lease. Tenant has inspected the Building building and the Demised Leased Premises and is thoroughly acquainted with their condition, and agrees to accept take the same “"as is” subject " and acknowledges that the taking of possession of the Leased Premises by Tenant shall be conclusive evidence that the Leased Premises and the building of which the same form a part were in good and satisfactory condition at the time such possession was so taken, except as to completion latent defects and Landlord's warranty of Landlord’s Work, if any. 's Work as set forth in Schedule C. All understandings and agreements heretofore made between the parties hereto are merged in this Leasecontract, which alone fully and completely expresses the agreement between Landlord and Tenant, Tenant and any executory agreement hereafter made shall be ineffective to change, modify, discharge or effect an abandonment of it, it in whole or in part, or a surrender of this Lease or of the Demised Premises or any part thereof or of any interest of Tenant therein unless such executory agreement is in writing and signed by Landlord and Tenant. Notwithstanding any provision to the contraryparty against whom enforcement of the change, Landlord represents that (i) any existing ground lease affecting the Property modification, discharge or abandonment is subordinate to this Lease; and (ii) the Building was constructed substantially in accordance with the plans filed with the applicable governmental authoritiessought.

NO REPRESENTATIONS BY LANDLORD. Neither Landlord nor Landlord’s agents have made any representations representation or promises with respect to the physical condition of the Property building, the land upon which it is erected or the Building, the Demised Premises, permissible uses of Demised Premises, the rents, leasesLeases, expenses of operation or any other matter or thing affecting or related to the Demised Premises or the building except as herein expressly set forth, forth and no rights, easements, easements or licenses are acquired by Tenant by implication or otherwise except as expressly set forth in the provisions of this Lease. Tenant has inspected the Building building and the Demised Premises and is thoroughly acquainted with their condition, condition and agrees to accept the take same “as is” subject to completion on the date possession is tendered and acknowledges that the taking of Landlord’s Work, if anypossession of the Premises by Tenant shall be conclusive evidence that the said Premises and the building of which the Premises form a part were in good and satisfactory condition at the time such possession was so taken. All understandings and agreements heretofore made between the parties hereto are merged in this Leasecontract, which alone fully and completely expresses the agreement between Landlord and Tenant, Tenant and any executory agreement hereafter made shall be ineffective to change, modify, discharge or effect an abandonment of it, it in whole or in part, or a surrender of this Lease or of the Demised Premises or any part thereof or of any interest of Tenant therein unless such executory agreement is in writing and signed by Landlord and Tenant. Notwithstanding any provision to the contraryparty against whom enforcement of the change, Landlord represents that (i) any existing ground lease affecting the Property modification, discharge or abandonment is subordinate to this Lease; and (ii) the Building was constructed substantially in accordance with the plans filed with the applicable governmental authoritiessought.

NO REPRESENTATIONS BY LANDLORD. Neither Landlord nor Landlord’s 's agents have made any representations or promises with respect to the physical condition of the Property or the Building, the Demised Premises, permissible uses of land upon which it is erected or the Demised Premises, the rents, leases, expenses of operation or any other matter or thing affecting or related to the Demised Premises or the Building except as herein expressly set forth, forth and no rights, easements, easements or licenses are acquired by Tenant by implication or otherwise except as expressly set forth in the provisions of this Leaselease. Tenant has inspected the Building and the Demised Premises and is thoroughly acquainted with their condition, condition and agrees to accept take the same “"as is” subject to completion " on the date possession is tendered and acknowledges that the taking of Landlord’s Work, if anypossession of the Demised Premises by Tenant shall be conclusive evidence that the said Demised Premises and the Building of which the same form a part were in good and satisfactory condition at the time such possession was so taken. All understandings and agreements heretofore made between the parties hereto are merged in this Leasecontract, which alone fully and completely expresses the agreement between Landlord and Tenant, Tenant and any executory agreement hereafter made shall be ineffective to change, modify, discharge or effect an abandonment of it, it in whole or in part, or a surrender of this Lease or of the Demised Premises or any part thereof or of any interest of Tenant therein unless such executory agreement is in writing and signed by Landlord and Tenant. Notwithstanding any provision to the contraryparty against whom enforcement of the change, Landlord represents that (i) any existing ground lease affecting the Property modification, discharge or abandonment is subordinate to this Lease; and (ii) the Building was constructed substantially in accordance with the plans filed with the applicable governmental authoritiessought.

NO REPRESENTATIONS BY LANDLORD. Neither Landlord nor Landlord’s 's agents have made any representations or promises with respect to the physical condition of the Property or the Building, the Demised Premises, permissible uses of land upon which it is erected or the Demised Premises, the rents, leases, expenses of operation or any other matter or thing affecting or related to the Demised Premises or the Building except as herein expressly set forth, forth and no rights, easements, easements or licenses are acquired by Tenant by implication or otherwise except as expressly set forth in the provisions of this Leaselease. Tenant has inspected the Building and the Demised Premises and is thoroughly acquainted with their conditioncondition and, and agrees to accept take the same “"as is” subject to completion " on the date possession is tendered and acknowledges that the taking of Landlord’s Work, if anypossession of the Demised Premises by Tenant shall be conclusive evidence that the said Demised Premises and the Building of which the same form a part were in good and satisfactory condition at the time such possession was so taken except for latent defects. All understandings and agreements heretofore made between the parties hereto are merged in this Leasecontract, which alone fully and completely expresses the agreement between Landlord and Tenant, Tenant and any executory agreement hereafter made shall be ineffective to change, modify, discharge or effect an abandonment of it, it in whole or in part, or a surrender of this Lease or of the Demised Premises or any part thereof or of any interest of Tenant therein unless such executory agreement is in writing and signed by Landlord and Tenant. Notwithstanding any provision to the contraryparty against whom enforcement of the change, Landlord represents that (i) any existing ground lease affecting the Property modification, discharge or abandonment is subordinate to this Lease; and (ii) the Building was constructed substantially in accordance with the plans filed with the applicable governmental authoritiessought.

NO REPRESENTATIONS BY LANDLORD. Neither Landlord nor Landlord’s 's agents have made any representations or promises with respect to the physical condition of the Property Building (except for the completion of Landlord's Work, as hereinafter defined), the land upon which it is erected or the Building, the Demised Premises, permissible uses of Demised Premises, the rents, leases, expenses of operation or any other matter or thing affecting or related to the Demised Premises or the Building except as herein expressly set forth, forth and no rights, easements, easements or licenses are acquired by Tenant by implication or otherwise except as expressly set forth in the provisions of this Leaselease. Tenant has inspected the Building and the Demised Premises and is thoroughly acquainted with their condition, condition and agrees to accept take the same “"as is” subject to completion " on the date possession is tendered and acknowledges that the taking of Landlord’s Work, if anypossession of the Demised Premises by Tenant shall be conclusive evidence that the said Demised Premises and the Building of which the same form a part were in good and satisfactory condition at the time such possession was so taken. All understandings and agreements heretofore made between the parties hereto are merged in this Leasecontract, which alone fully and completely expresses the agreement between Landlord and Tenant, Tenant and any executory agreement hereafter made shall be ineffective to change, modify, discharge or effect an abandonment of it, it in whole or in part, or a surrender of this Lease or of the Demised Premises or any part thereof or of any interest of Tenant therein unless such executory agreement is in writing and signed by Landlord and Tenant. Notwithstanding any provision to the contraryparty against whom enforcement of the change, Landlord represents that (i) any existing ground lease affecting the Property modification, discharge or abandonment is subordinate to this Lease; and (ii) the Building was constructed substantially in accordance with the plans filed with the applicable governmental authoritiessought.

NO REPRESENTATIONS BY LANDLORD. Neither Landlord nor Landlord’s agents have made any representations or promises with respect to the physical condition of the Property or the Building, the Demised Premises, permissible uses of Demised Premises, the rents, leases, expenses of operation or any other matter or thing affecting or related to the Demised Premises except as herein expressly set forth, and no rights, easements, or licenses are acquired by Tenant by implication or otherwise except as expressly set forth in the provisions of this Lease. Tenant has inspected the Building and the Demised Premises and is thoroughly acquainted with their condition, and agrees to accept the same “as is” subject to completion (provided that the foregoing shall not limit any maintenance and repair obligations of Landlord’s Work, if anyLandlord expressly set forth herein). All understandings and agreements heretofore made between the parties hereto are merged in this Lease, which alone fully and completely expresses the agreement between Landlord and Tenant, and any executory agreement hereafter made shall be ineffective to change, modify, discharge or effect an abandonment of it, in whole or in part, or a surrender of this Lease or of the Demised Premises or any part thereof or of any interest of Tenant therein unless such executory agreement is in writing and signed by Landlord and Tenant. Notwithstanding any provision to the contrary, Landlord represents that (i) any existing ground lease affecting the Property is subordinate to this Lease; and (ii) the Building was constructed substantially in accordance with the plans filed with the applicable governmental authorities.

NO REPRESENTATIONS BY LANDLORD. Neither Landlord nor Landlord’s agents have made any representations or promises with respect to the physical condition of the Property or the Building, the Demised Premises, permissible uses of Demised land upon which it is erected or the Premises, the rents, leases, expenses of operation or any other matter or thing affecting or related to the Demised Premises except as herein expressly set forth, forth and no rights, easements, easements or licenses are acquired by Tenant by implication or otherwise except as expressly set forth in the provisions of this Lease. Tenant has inspected the Building and the Demised Premises and is thoroughly acquainted with their condition, condition and agrees to accept take the same “as is” subject and acknowledges that the taking of possession of the Premises by Tenant shall be conclusive evidence that the said Premises and the Building of which the same form a part were in good and satisfactory condition at the time such possession was so taken, except as to completion of Landlord’s Work, if anylatent defects. All understandings and agreements heretofore made between the parties hereto are merged in this Leasecontract, which alone fully and completely expresses the agreement between Landlord and Tenant, Tenant and any executory agreement hereafter made shall be ineffective to change, modify, discharge or effect an abandonment of it, it in whole or in part, or a surrender of this Lease or of the Demised Premises or any part thereof or of any interest of Tenant therein unless such executory agreement is in writing and signed by Landlord and Tenant. Notwithstanding any provision to the contraryparty against whom enforcement of the change, Landlord represents that (i) any existing ground lease affecting the Property modification, discharge or abandonment is subordinate to this Lease; and (ii) the Building was constructed substantially in accordance with the plans filed with the applicable governmental authoritiessought.

NO REPRESENTATIONS BY LANDLORD. Neither Landlord nor Landlord’s 's agents have made any representations or promises with respect to the physical condition of the Property or the Building, the Demised Premises, permissible uses of land upon which it is erected or the Demised Premises, the rents, leases, expenses of operation or any other matter or thing affecting or related to the Demised Premises or the Building except as herein expressly set forth, forth and no rights, easements, easements or licenses are acquired by Tenant by implication or otherwise except as expressly set forth in the provisions of this Leaselease. Tenant has inspected the Building and the Demised Premises and is thoroughly acquainted with their condition, condition and agrees to accept take the same “"as is” subject ", except for latent defects which effect the Tenant's ability to completion occupy the Demised Premises for the permitted use, on the date possession is tendered and acknowledges that the taking of Landlord’s Work, if anypossession of the Demised Premises by Tenant shall be conclusive evidence that the said Demised Premises and the Building of which the same form a part were in good and satisfactory condition at the time such possession was so taken. All understandings and agreements heretofore made between the parties hereto are merged in this Leasecontract, which alone fully and completely expresses the agreement between Landlord and Tenant, Tenant and any executory agreement hereafter made shall be ineffective to change, modify, discharge or effect an abandonment of it, it in whole or in part, or a surrender of this Lease or of the Demised Premises or any part thereof or of any interest of Tenant therein unless such executory agreement is in writing and signed by Landlord and Tenant. Notwithstanding any provision to the contraryparty against whom enforcement of the change, Landlord represents that (i) any existing ground lease affecting the Property modification, discharge or abandonment is subordinate to this Lease; and (ii) the Building was constructed substantially in accordance with the plans filed with the applicable governmental authoritiessought.

NO REPRESENTATIONS BY LANDLORD. Neither Landlord nor Landlord’s agents have made any representations or promises with respect to the physical condition of the Property or the Building, the Demised Premises, permissible uses of Demised Premises, the rents, leases, expenses of operation or any other matter or thing affecting or related to the Demised Premises except as herein expressly set forth, and no rights, easements, or licenses are acquired by Tenant by implication or otherwise except as expressly set forth in the provisions of this Lease. Tenant has inspected the Building and the Demised Premises and is thoroughly acquainted with their condition, and agrees to accept the same “as is,” subject to completion of Landlord’s Work, if anyrepresentations and warranties expressly set forth herein. All understandings and agreements heretofore made between the parties hereto are merged in this Lease, which alone fully and completely expresses the agreement between Landlord and Tenant, and any executory agreement hereafter made shall be ineffective to change, modify, discharge or effect an abandonment of it, in whole or in part, or a surrender of this Lease or of the Demised Premises or any part thereof or of any interest of Tenant therein unless such executory agreement is in writing and signed by Landlord and Tenant. Notwithstanding any provision to the contrary, Landlord represents that (i) any existing ground lease affecting the Property is subordinate to this Lease; and (ii) the Building was constructed substantially in accordance with the plans filed with the applicable governmental authorities.

NO REPRESENTATIONS BY LANDLORD. Neither Landlord nor Landlord’s agents have made any representations or promises with respect to the physical condition of the Property or the Building, the Demised Premises, permissible uses of land upon which it is erected or the Demised Premises, the rents, leases, expenses of operation or any other matter or thing affecting or related to the Demised Premises or the Building except as herein expressly set forth, forth and no rights, easements, easements or licenses are acquired by Tenant by implication or otherwise except as expressly set forth in the provisions of this Leaselease. Tenant has inspected the Building and the Demised Premises and is thoroughly acquainted with their condition, condition and agrees to accept take the same “as is” subject to completion on the date possession is tendered and acknowledges that the taking of Landlord’s Work, if anypossession of the Demised Premises by Tenant shall be conclusive evidence that the said Demised Premises and the Building of which the same form a part were in good and satisfactory condition at the time such possession was so taken. All understandings and agreements heretofore made between the parties hereto are merged in this Leasecontract, which alone fully and completely expresses the agreement between Landlord and Tenant, Tenant and any executory agreement hereafter made shall be ineffective to change, modify, discharge or effect an abandonment of it, it in whole or in part, or a surrender of this Lease or of the Demised Premises or any part thereof or of any interest of Tenant therein unless such executory agreement is in writing and signed by Landlord and Tenant. Notwithstanding any provision to the contraryparty against whom enforcement of the change, Landlord represents that (i) any existing ground lease affecting the Property modification, discharge or abandonment is subordinate to this Lease; and (ii) the Building was constructed substantially in accordance with the plans filed with the applicable governmental authoritiessought.

NO REPRESENTATIONS BY LANDLORD. Neither Landlord nor Landlord’s 's agents have made any representations represen tations or promises with respect to the physical condition of the Property or Premises, the Building, the Demised Premisesland upon which the Building is erected, permissible uses of Demised Premises, or the rents, leases, expenses of operation operation, or any other matter or thing affecting or related to the Demised Premises except as herein expressly set forth, and no rights, easements, easements or licenses are acquired by Tenant by implication or otherwise except accept as expressly set forth in the provisions of this Lease. Tenant has inspected the Building and the Demised Premises and is thoroughly acquainted with their condition, and agrees to accept take the same “as is” "As Is" (subject to completion the construction of Landlord’s Work, if anyTenant Improvements to be undertaken by Landlord in accordance with the Plans and Specifications annexed hereto as EXHIBIT "B") and acknowledges that the taking of possession of the Premises by Tenant shall be conclusive evidence that the said Premises were in good and satisfactory condition at the time such possession was so taken. All understandings and agreements heretofore hereto fore made between the parties hereto are merged in this Leasecontract, which alone fully and completely expresses the agreement between Landlord and Tenant, Tenant and any executory agreement hereafter made shall be ineffective to change, modify, discharge or effect an abandonment of it, it in whole or in part, or a surrender of this Lease or of the Demised Premises or any part thereof or of any interest of Tenant therein unless such executory agreement agree ment is in writing and signed by Landlord and Tenant. Notwithstanding any provision to the contraryparty against whom enforcement of the change, Landlord represents that (i) any existing ground lease affecting the Property modification, discharge or abandonment is subordinate to this Lease; and (ii) the Building was constructed substantially in accordance with the plans filed with the applicable governmental authoritiessought.

NO REPRESENTATIONS BY LANDLORD. Neither Landlord nor Landlord’s agents have any agent or employee of Landlord has made any representations or promises with respect to the physical condition of the Property Premises or the Building, the Demised Premises, permissible uses of Demised Premises, the rents, leases, expenses of operation or any other matter or thing affecting or related to the Demised Premises Project except as herein expressly set forth, and no rightsright, easementsprivileges, easements or licenses are acquired by Tenant except as herein expressly set forth. No exhibit attached to this Lease nor any other materials provided by implication Landlord shall constitute a warranty or otherwise agreement as to the configuration of the Project or the occupants thereof. Landlord reserves the right from time to time to modify the Project, including common areas, appurtenances and rentable areas, without in any case reducing the obligations of Tenant hereunder; provided, however, that such modifications doe not materially interfere with Tenant's ability to conduct its business in the Premises or on the Project, materially increase Tenant's obligations under this Lease, or materially decrease any of Tenant's rights hereunder. Tenant has no right to light or air over any premises adjoining the Project. Tenant, by taking possession of the Premises, subject to Landlord's obligations to complete check-list items and prepare defective work as set forth in Section 3, accept the same "as is" except as expressly provided in this Lease and such taking of possession shall be conclusive evidence that the Premises and the Project are in good and satisfactory condition at the time of such taking of possession. For the purposes of this paragraph, Landlord and Developer Lexmark Development Company. LLC, shall be deemed to be one and the same. Notwithstanding the foregoing, the Landlord warrants to the Tenant that the Premises are fit for the use set forth in the provisions of this Lease. Tenant has inspected the Building and the Demised Premises and is thoroughly acquainted with their condition, and agrees to accept the same “as is” subject to completion of Landlord’s Work, if any. All understandings and agreements heretofore made between the parties hereto are merged in this Lease, which alone fully and completely expresses the agreement between Landlord and Tenant, and any executory agreement hereafter made shall be ineffective to change, modify, discharge or effect an abandonment of it, in whole or in part, or a surrender of this Lease or Item 7 of the Demised Premises or any part thereof or of any interest of Tenant therein unless such executory agreement is in writing and signed by Landlord and Tenant. Notwithstanding any provision to the contrary, Landlord represents that (i) any existing ground lease affecting the Property is subordinate to this Lease; and (ii) the Building was constructed substantially in accordance with the plans filed with the applicable governmental authoritiesData Sheet.

NO REPRESENTATIONS BY LANDLORD. Neither Landlord nor Landlord’s advisors or agents have made any representations or promises with respect to the physical condition of the Property or the Building, the Demised Premises, permissible uses of Demised Premises, the rents, leases, expenses of operation or any other matter or thing affecting or related to the Demised Premises except as herein expressly set forth, and no rights, easements, or licenses are acquired by Tenant by implication or otherwise except as expressly set forth in the provisions of this Lease. Upon acceptance of delivery of possession of the Demised Premises, Tenant has inspected the Building and shall be deemed to have accepted the Demised Premises and is thoroughly acquainted with their condition, and agrees to accept the same Building in “as is” condition subject to completion of Landlord’s Work, if any, and subject to Landlord’s obligations hereunder and the representations set forth below. All understandings and agreements heretofore made between the parties hereto are merged in this Lease, which alone fully and completely expresses the agreement between Landlord and Tenant, and any executory agreement hereafter made shall be ineffective to change, modify, discharge or effect an abandonment of it, in whole or in part, or a surrender of this Lease or of the Demised Premises or any part thereof or of any interest of Tenant therein unless such executory agreement is in writing and signed by Landlord and Tenant. Notwithstanding any provision to the contrary, Landlord represents to Tenant that (i) any existing ground lease affecting to Landlord’s knowledge, as of the Property is subordinate to this Lease; date hereof, the common Building mechanical, electrical, plumbing and (ii) the Building was constructed substantially elevator systems are in accordance with the plans filed with the applicable governmental authoritiesgood working order.

NO REPRESENTATIONS BY LANDLORD. Neither Landlord nor Landlord’s 's agents have made any representations or promises with respect to the physical condition of the Property building, the land upon which it is erected or the Building, the Demised Premises, permissible uses of Demised Premisesdemised premises, the rents, leases, expenses of operation or any other matter mater or thing affecting or related to the Demised Premises premises except as herein expressly set forth, forth and no rights, easements, easements or licenses are acquired by Tenant by implication or otherwise except as expressly set forth in the provisions of this Lease. lease Tenant has inspected the Building building and the Demised Premises demised premises and is thoroughly acquainted with their condition, applicable zoning, permissible uses, and occupancy requirements, and agrees to accept take the same “"as is” subject " and acknowledges that the taking of possession of the demised premises by Tenant shall be conclusive evidence that the said premises and the building of which the same form a part were in good and satisfactory condition at the time such possession was so taken, except as to completion of Landlord’s Work, if anylatent defects. All understandings and agreements heretofore made between the parties hereto are merged in this Leasecontract, which alone fully and completely expresses the agreement between Landlord and Tenant, Tenant and any executory agreement hereafter made shall be ineffective to change, modify, discharge or effect an abandonment of it, it in whole or in part, or a surrender of this Lease or of the Demised Premises or any part thereof or of any interest of Tenant therein unless such executory agreement is in writing and signed by Landlord and Tenant. Notwithstanding any provision to the contraryparty against whom enforcement of the change, Landlord represents that (i) any existing ground lease affecting the Property modification, discharge or abandonment is subordinate to this Lease; and (ii) the Building was constructed substantially in accordance with the plans filed with the applicable governmental authoritiessought.

NO REPRESENTATIONS BY LANDLORD. Neither Landlord nor Landlord’s 's agents have made any representations or promises with respect to the physical condition of the Property or the Building, the Demised Premises, permissible uses of land upon which it is erected or the Demised Premises, the rents, leases, expenses of operation operation, or any other matter or thing affecting or related to the Demised Premises except as herein expressly set forth, forth in this Lease and no rights, easements, easements or licenses are acquired by Tenant by implication or otherwise except as expressly set forth in the provisions of this Lease. Tenant has inspected the Building and the Demised Premises and is thoroughly acquainted with their condition, condition and agrees to accept take the same “as is” subject to completion of Landlord’s Work, if anywork and acknowledges that the taking of possession of the Demised Premises by Tenant shall be conclusive evidence that the Demised Premises and the Building of which the same form a part were in good and satisfactory condition at the time such possession was so taken except as to latent defects and punchlist items. All understandings and agreements heretofore made between the parties hereto are merged in this Lease, which alone fully and completely expresses the agreement between Landlord and Tenant, Tenant and any executory agreement hereafter made shall be ineffective to change, modify, discharge or effect an abandonment of it, it in whole or in part, or a surrender of this Lease or of the Demised Premises or any part thereof or of any interest of Tenant therein unless such executory agreement is in writing and signed by Landlord and Tenant. Notwithstanding any provision to the contraryparty against whom enforcement of the change, Landlord represents that (i) any existing ground lease affecting the Property modification, discharge or abandonment is subordinate to this Lease; and (ii) the Building was constructed substantially in accordance with the plans filed with the applicable governmental authoritiessought.