Common use of Premises in Clause in Contracts

Premises in. “As Is, Where Is” Condition. It is expressly understood and agreed that Lessor has not made any representation or warranty, express or implied, regarding any aspect of the Premises including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, suitability, habitability, quality, physical condition, value or profitability, and Lessor hereby disclaims any and all liability for any and all such representations and warranties. Lessee agrees that it has examined and investigated the Premises prior to the execution of this Lease and that Lessee has relied solely upon such examinations and investigations in leasing the Premises. Without limiting the generality of the foregoing, Lessee acknowledges that (x) it has made all inspections, investigations and analyses deemed necessary or appropriate to determine compliance by the Premises with all Hazardous Materials Laws that may apply to the Premises, and (y) Lessor has made no representation or warranty, express or implied, concerning the Premises’ compliance with Hazardous Materials Laws. Lessee acknowledges and agrees that it is leasing the Premises in its “as is, where is” condition, with all faults, if any, and subject to termination rights described herein, that Lessee has assumed all risks regarding all aspects of the Premises, and the condition thereof, including, without limitation: (i) the risk of any physical condition affecting the Premises including, without limitation, the existence of any Hazardous Materials, the existence of any soils conditions, or the existence of archeological or historical conditions on the Premises; (ii) the risk of any damage or loss to the Premises caused by any means including, without limitations, tsunami, flood, earthquake or volcanic eruption; and (iii) the risk of use, zoning, habitability, merchantability or quality of the Premises or the suitability of the Premises for its use. Except as otherwise described herein, Lessee expressly releases Lessor from any and all liability and claims that it may have against Lessor, its successors and assigns with regard to Hazardous Materials presently existing or hereafter placed on the Premises, and Lessee hereby agrees to indemnify, defend and hold Lessor harmless from and against any and all claims and demands for loss or damage, including claims for personal injury, property damage or wrongful death, arising out of or in connection with a release by Lessee during the Term of Hazardous Materials in violation of Hazardous Materials Laws (collectively, “Lessee Hazmat Liability”). Lessee shall not be responsible for any Hazardous Materials released in, on, under and about the Premises by Lessor (collectively “Lessor Hazmat Liability”). Lessor shall be and remain liable for all, Lessor Hazmat Liability, on, under or about the Premises, and for all clean-up and remediation thereof. Lessor shall and does hereby indemnify, defend and hold harmless Lessee and Lessee’s members, officers, directors, agents, employees and invitees from and against any and all claims, lawsuits, liabilities, costs, fees (including reasonable attorney’s fees) and expenses of every kind and nature relating to or rising from a Lessor Hazmat Liability. The provisions of this paragraph 7 shall survive the termination of this Lease.

Premises in. “As Is, Where where Is” Condition. It is expressly understood and agreed that Lessor Landlord has not made any representation or warranty, express or implied, regarding any aspect of the Premises including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, suitability, habitability, quality, physical condition, value or profitabilitycondition and value, and Lessor Landlord hereby disclaims any and all liability for any and all such representations and warranties. Lessee Tenant agrees that it has examined and investigated the Premises prior to the execution of this Lease and that Lessee Tenant has relied solely upon such examinations and investigations in leasing the Premises. Without limiting the generality of the foregoing, Lessee Tenant acknowledges that (xi) it has made all inspections, investigations and analyses deemed necessary or appropriate to determine compliance by the Premises with all Hazardous Materials Laws that may apply to the Premises, and (yii) Lessor Landlord has made no representation or warranty, express or implied, concerning the Premises’ compliance with Hazardous Materials Laws, and (iii) Electrical Facilities are located over, on, under and in close proximity to the Premises. Lessee Tenant acknowledges and agrees that it is leasing the Premises in its “as is, where is” condition, with all faults, if any, and subject to termination rights described herein, that Lessee Tenant has assumed all risks regarding all aspects of the Premises, and the condition thereof, including, without limitation: (i) the risk of any physical condition affecting the Premises including, without limitation, the existence of any Hazardous Materials, the existence of any soils conditions, or the existence of archeological or historical conditions on the Premises; (ii) the risk of any damage or loss to the Premises caused by any means including, without limitationslimitation, tsunamiflood or earthquake; (iii) the risk of any adverse health or environmental consequences caused by the Electrical Facilities, flood, earthquake including without limitation any electromagnetic field or volcanic eruptionpulse energy; and (iiiiv) the risk of use, zoning, habitability, merchantability or quality of the Premises or the suitability of the Premises for its usepresent use or future development. Except as otherwise described herein, Lessee Tenant expressly releases Lessor Landlord from any and all liability and claims that it may have against LessorLandlord, its successors in trust and assigns with regard to Hazardous Electrical Facilities or Hasardous Materials presently existing or hereafter placed on the Premises, and Lessee Tenant hereby agrees to indemnify, defend and hold Lessor Landlord harmless from and against any and all claims and demands for loss or damage, including claims for personal injury, property damage or wrongful death, arising out of or in connection with a release by Lessee the existence of Electrical Facilities or Hazardous Materials located on the Premises as of the date of the execution of this Lease or subsequently placed on or near the Premises at any time during the Term of Hazardous Materials in violation of Hazardous Materials Laws (collectively, “Lessee Hazmat Liability”). Lessee shall not be responsible for any Hazardous Materials released in, on, under and about the Premises by Lessor (collectively “Lessor Hazmat Liability”). Lessor shall be and remain liable for all, Lessor Hazmat Liability, on, under or about the PremisesTerm, and Tenant shall reimburse Landlord for all clean-up costs and remediation thereof. Lessor shall and does hereby indemnifyexpenses, defend and hold harmless Lessee and Lessee’s members, officers, directors, agents, employees and invitees from and against any and all claims, lawsuits, liabilities, costs, fees (including reasonable attorney’s fees) and expenses , paid or incurred by Landlord in connection with the defense of every kind and nature relating such claims including, but not limited to all costs of Landlord’s defense to any such claim or rising from a Lessor Hazmat Liabilityin any such action as well as costs for research regarding settlement or other preventative measures which Landlord may take prior to the filing of such action or to attempt to prevent the filing of such action. The provisions of this paragraph 7 Section XIII.C.1 shall survive the termination of this Lease.