Common use of Tenant’s Acknowledgement Clause in Contracts

Tenant’s Acknowledgement. (a) The Tenant acknowledges that it is leasing the Demised Premises hereunder on an “as is, where is” basis and without any representation or warranty by the Landlord of any kind whatsoever. Without limiting the generality of the foregoing, there is no condition, representation or warranty of any kind whatsoever with respect to title, description, encumbrances, physical or environmental condition, size, marketability, zoning, compliance with law, fitness for any particular purpose or any other matter whatsoever concerning the Demised Premises. (b) The Tenant shall promptly pay and discharge all payments required under any encumbrance or instrument affecting title or otherwise affecting the Demised Premises and perform all obligations thereunder, in each case as such payments or obligations relate to the Term (or any period prior to the Term). The Tenant shall comply with any outstanding work orders in respect of the Demised Premises. The foregoing covenants shall not relate to any Mortgage or other financing of the Landlord or any other encumbrance or instrument registered or affecting title as a result of any act or omission of the Landlord or anyone for whom it is in law responsible (other than Tenant or another Tenant Party). Without limiting the foregoing, the Tenant shall be responsible for and shall pay and perform all obligations required to be paid or performed by the Landlord under all Permitted Encumbrances at the Tenant’s expense. If Tenant fails to timely pay or perform its obligations under this Section 6.2(b), Landlord may, but shall be under no obligation to, do so, in which event Tenant shall reimburse Landlord for such payment (or Landlord’s expense in performing such obligation, as applicable), plus an administrative fee equal to fifteen percent (15%) thereof, upon demand by Notice as Additional Rent. (c) Save and except as expressly set out herein and save and except to the extent of the Gross Negligence or willful misconduct of the Landlord, the Landlord shall not be responsible for any maintenance, repairs, replacements, alterations or improvements in respect of the Demised Premises.