Common use of Tenant’s Acceptance Clause in Contracts

Tenant’s Acceptance. (a) Tenant conclusively accepts the Premises in its present "as is", "where is" condition, without any representation or warranty of any kind by Landlord concerning the physical or environmental condition thereof, or the compliance or non-compliance of the Premises with any applicable laws, codes or ordinances, including, without limitation, any Environmental Laws and the Americans With Disabilities Act of 1990 (42 U.S.C. (S) 12101 et seq.) and ------ regulations and guidelines promulgated thereunder, as all of the same may be amended and supplemented from time to time (collectively referred to herein as the "ADA"). (b) NEITHER LANDLORD, NOR ANY AGENT OR REPRESENTATIVE OF LANDLORD, HAS MADE, NOR WILL THEY MAKE, ANY INSPECTION OF ANY OF THE PREMISES. LANDLORD LEASES AND WILL LEASE AND, AS DESCRIBED ABOVE, TENANT TAKES AND WILL TAKE, THE PREMISES AS IS, WHERE IS, AND WITH ALL FAULTS, AND TENANT ACKNOWLEDGES THAT NEITHER LANDLORD (WHETHER ACTING AS LANDLORD HEREUNDER OR IN ANY OTHER CAPACITY) NOR ANY AGENT OR REPRESENTATIVE OF LANDLORD HAS MADE AND WILL NOT MAKE, NOR SHALL LANDLORD NOR ANY AGENT OR REPRESENTATIVE OF LANDLORD BE DEEMED TO HAVE MADE, ANY WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, WITH RESPECT TO ANY OF THE PREMISES, INCLUDING ANY WARRANTY OR REPRESENTATION AS TO ITS FITNESS FOR USE OR PURPOSE, DESIGN OR CONDITION FOR ANY PARTICULAR USE OR PURPOSE, AS TO LANDLORD'S TITLE THERETO, OR AS TO VALUE, COMPLIANCE WITH SPECIFICATIONS, LOCATION, USE, CONDITION, MERCHANTABILITY, QUALITY, DESCRIPTION OR OPERATION, IT BEING AGREED THAT ALL RISKS INCIDENT THERETO ARE TO BE BORNE BY TENANT. TENANT ACKNOWLEDGES THAT THE PREMISES ARE OF ITS SELECTION AND TO ITS SPECIFICATIONS, AND THAT THE PREMISES HAVE BEEN INSPECTED BY TENANT AND ARE SATISFACTORY TO IT. IN THE EVENT OF ANY DEFECT OR DEFICIENCY IN ANY OF THE PREMISES OF ANY NATURE, NEITHER LANDLORD NOR ANY AGENT OR REPRESENTATIVE OF LANDLORD SHALL HAVE ANY RESPONSIBILITY OR LIABILITY WITH RESPECT THERETO OR FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING STRICT LIABILITY IN TORT). THE PROVISIONS OF THIS SECTION HAVE BEEN NEGOTIATED, AND THE FOREGOING PROVISIONS ARE INTENDED TO BE A COMPLETE EXCLUSION AND NEGATION OF ANY WARRANTIES BY LANDLORD OR ANY AGENT OR REPRESENTATIVE OF LANDLORD, EXPRESS OR IMPLIED, WITH RESPECT TO ANY OF THE PREMISES, ARISING PURSUANT TO ANY LAW NOW OR HEREAFTER IN EFFECT OR OTHERWISE.

Tenant’s Acceptance. (a) Concurrently with the execution of this Lease, Tenant conclusively accepts has conveyed fee title to the Premises in to Landlord. Tenant is fully knowledgeable of the state of title and physical condition of the Premises because of its present "prior ownership and continuing occupancy. In addition, Landlord has made the Premises available for Tenant’s inspection and testing, and Tenant has heretofore inspected and tested same to the extent and as often as Tenant deemed necessary. Tenant hereby leases the Premises, and accepts them, “as is",” in their present title and condition with all faults, "where is" conditionas a result of Tenant’s prior knowledge and whatever inspecting and testing Tenant deemed necessary, without and not as a result of or in reliance upon any representation or warranty of any kind nature whatsoever by Landlord concerning the physical or environmental condition thereofLandlord, or the compliance any employee or non-compliance agent of the Premises with any applicable laws, codes or ordinances, including, without limitation, any Environmental Laws and the Americans With Disabilities Act of 1990 (42 U.S.C. (S) 12101 et seq.) and ------ regulations and guidelines promulgated thereunder, as all of the same may be amended and supplemented from time to time (collectively referred to herein as the "ADA"). (b) NEITHER LANDLORD, NOR ANY AGENT OR REPRESENTATIVE OF LANDLORD, Landlord. Landlord HAS MADE, NOR WILL THEY MAKE, ANY INSPECTION OF ANY OF THE PREMISES. LANDLORD LEASES AND WILL LEASE AND, AS DESCRIBED ABOVE, TENANT TAKES AND WILL TAKE, THE PREMISES AS IS, WHERE IS, AND WITH ALL FAULTS, AND TENANT ACKNOWLEDGES THAT NEITHER LANDLORD (WHETHER ACTING AS LANDLORD HEREUNDER OR IN ANY OTHER CAPACITY) NOR ANY AGENT OR REPRESENTATIVE OF LANDLORD HAS NOT MADE AND WILL SHALL NOT MAKE, NOR SHALL LANDLORD NOR ANY AGENT OR REPRESENTATIVE OF LANDLORD BE DEEMED TO HAVE MADEMADE ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AND SHALL NOT BE DEEMED TO HAVE ANY LIABILITY WHATSOEVER AS TO THE VALUE, HABITABILITY, CONDITION, DESIGN, OPERATION OR FITNESS FOR USE OF THE PREMISES (OR ANY PART THEREOF), OR ANY OTHER REPRESENTATION OR WARRANTY OR REPRESENTATIONWHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THE PREMISES (OR ANY PART THEREOF) AND LANDLORD SHALL NOT BE LIABLE FOR ANY LATENT, HIDDEN OR PATENT DEFECT THEREIN OR THE FAILURE OF THE PREMISES, INCLUDING ANY WARRANTY OR REPRESENTATION AS TO ITS FITNESS FOR USE OR PURPOSE, DESIGN OR CONDITION FOR ANY PARTICULAR USE OR PURPOSE, AS TO LANDLORD'S TITLE THERETO, OR AS TO VALUE, COMPLIANCE WITH SPECIFICATIONS, LOCATION, USE, CONDITION, MERCHANTABILITY, QUALITY, DESCRIPTION OR OPERATION, IT BEING AGREED THAT ALL RISKS INCIDENT THERETO ARE TO BE BORNE BY TENANT. TENANT ACKNOWLEDGES THAT THE PREMISES ARE OF ITS SELECTION AND TO ITS SPECIFICATIONS, AND THAT THE PREMISES HAVE BEEN INSPECTED BY TENANT AND ARE SATISFACTORY TO IT. IN THE EVENT OF ANY DEFECT OR DEFICIENCY IN ANY OF THE PREMISES OF ANY NATURE, NEITHER LANDLORD NOR ANY AGENT OR REPRESENTATIVE OF LANDLORD SHALL HAVE ANY RESPONSIBILITY OR LIABILITY WITH RESPECT THERETO OR FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING STRICT LIABILITY IN TORT). THE PROVISIONS OF THIS SECTION HAVE BEEN NEGOTIATED, AND THE FOREGOING PROVISIONS ARE INTENDED TO BE A COMPLETE EXCLUSION AND NEGATION OF ANY WARRANTIES BY LANDLORD OR ANY AGENT OR REPRESENTATIVE OF LANDLORDPART THEREOF, EXPRESS OR IMPLIEDTO COMPLY WITH ANY APPLICABLE LAWS AND REGULATIONS. The provisions of this Section 2.3 have been negotiated and, WITH RESPECT TO ANY OF THE PREMISESexcept to the extent otherwise expressly stated, ARISING PURSUANT TO ANY LAW NOW OR HEREAFTER IN EFFECT OR OTHERWISEthe foregoing provisions are intended to be a complete exclusion and negation of any representations or warranties by Landlord, express or implied, with respect to the Premises, that may arise pursuant to any law now or hereafter in effect, or otherwise.