Common use of Condition of the Leased Property Clause in Contracts

Condition of the Leased Property. Tenant acknowledges receipt and delivery of possession of the Leased Property prior to the Commencement Date and confirms that Xxxxxx has examined and has knowledge of the condition of the Leased Property prior to the execution and delivery of this Master Lease and has found the same (except as included in the disclosures on Schedule 1A) to be in good order and repair and, to the best of Tenant’s knowledge, free from Hazardous Substances not in compliance with Legal Requirements and satisfactory for its purposes hereunder. Regardless, however, of any examination or inspection made by Tenant and whether or not any patent or latent defect or condition was revealed or discovered thereby, Tenant is leasing the Leased Property “as is” in its present condition and Tenant shall be solely responsible for all costs and expenses relating thereto, including, but not limited to, Xxxxxx’s the obligation, to repair any condition in existence on the Effective Date. Tenant waives any claim or action against Landlord in respect of the condition of the Leased Property including any defects or adverse conditions not discovered or otherwise known by Tenant as of the Commencement Date. LANDLORD MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, IN RESPECT OF THE LEASED PROPERTY OR ANY PART THEREOF, EITHER AS TO ITS FITNESS FOR USE, DESIGN OR CONDITION FOR ANY PARTICULAR USE OR PURPOSE OR OTHERWISE, OR AS TO THE NATURE OR QUALITY OF THE MATERIAL OR WORKMANSHIP THEREIN, OR THE EXISTENCE OF ANY HAZARDOUS SUBSTANCE, IT BEING AGREED THAT ALL ACTIVE/119768607.18 SUCH RISKS, LATENT OR PATENT, ARE TO BE BORNE SOLELY BY TENANT INCLUDING ALL RESPONSIBILITY AND LIABILITY FOR ANY ENVIRONMENTAL REMEDIATION AND COMPLIANCE WITH ALL ENVIRONMENTAL LAWS.

Condition of the Leased Property. Tenant On and as of the Commencement Date, Xxxxxx acknowledges receipt and delivery of possession of the Leased Property prior to the Commencement Date and Xxxxxx hereby confirms that Xxxxxx has examined had the opportunity to examine and inspect the Leased Property and otherwise has knowledge of the condition of the Leased Property prior to the execution and delivery of this Master Lease Commencement Date and has found the same (except as included in the disclosures on Schedule 1A) to be in good order and repair and, to the best of Tenant’s knowledgerepair, free from Hazardous Substances not in compliance with Legal Requirements Requirements, and satisfactory for its purposes hereunder. Regardless, however, of any examination or inspection made by Tenant Xxxxxx and whether or not any patent or latent defect or condition was revealed or discovered thereby, Tenant Lessee is leasing the Leased Property “as isAS IS” in its present condition and Tenant shall be solely responsible for all costs and expenses relating thereto, including, but not limited to, Xxxxxx’s the obligation, to repair any condition in existence on the Effective Datecondition. Tenant Lessee waives any claim or action against Landlord Lessor in respect of the condition of the Leased Property of each Facility including any defects or adverse conditions not discovered or otherwise known by Tenant Xxxxxx either as of the Effective Date or as of the Commencement Date. LANDLORD XXXXXX MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, IN RESPECT OF THE LEASED PROPERTY OR ANY PART THEREOF, EITHER AS TO ITS FITNESS FOR USE, DESIGN OR CONDITION FOR ANY PARTICULAR USE OR PURPOSE OR OTHERWISE, OR AS TO THE NATURE OR QUALITY OF THE MATERIAL OR WORKMANSHIP THEREIN, OR THE EXISTENCE OF ANY HAZARDOUS SUBSTANCE, IT BEING AGREED THAT ALL ACTIVE/119768607.18 SUCH RISKS, LATENT OR PATENT, ARE TO BE BORNE SOLELY BY TENANT LESSEE INCLUDING ALL RESPONSIBILITY AND LIABILITY FOR ANY ENVIRONMENTAL REMEDIATION AND COMPLIANCE WITH ALL ENVIRONMENTAL LAWS. Notwithstanding the foregoing, Lessor hereby acknowledges its obligation to fund a portion of the Planned Capital Refurbishment Project(s) in accordance with, and subject to, the provisions of Section 9.5 below.

Condition of the Leased Property. Tenant acknowledges receipt and delivery of possession of the Leased Property prior to the Commencement Date and confirms that Xxxxxx has examined and has knowledge of the condition of the Leased Property prior to the execution and delivery of this Master Lease and has found the same (except as included in the disclosures on Schedule 1A) to be in good order and repair and, to the best of Tenant’s knowledge, free from Hazardous Substances not in compliance with Legal Requirements and satisfactory for its purposes hereunder. Regardless, however, of any examination or inspection made by Tenant and whether or not any patent or latent defect or condition was revealed or discovered thereby, Tenant is leasing the Leased Property “as is” in its present condition and Tenant shall be solely responsible for all costs and expenses relating thereto, including, but not limited to, Xxxxxx’s the obligation, to repair any condition in existence on the Effective Date. Tenant waives any claim or action against Landlord in respect of the condition of the Leased Property including any defects or adverse conditions not discovered or otherwise known by Tenant as of the Commencement Date. LANDLORD MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, IN RESPECT OF THE LEASED PROPERTY OR ANY PART THEREOF, EITHER AS TO ITS FITNESS FOR USE, DESIGN OR CONDITION FOR ANY PARTICULAR USE OR PURPOSE OR OTHERWISE, OR AS TO THE NATURE OR QUALITY OF THE MATERIAL OR WORKMANSHIP THEREIN, OR THE EXISTENCE OF ANY HAZARDOUS SUBSTANCE, IT BEING AGREED THAT ALL ACTIVE/119768607.18 SUCH RISKS, LATENT OR PATENT, ARE TO BE BORNE SOLELY BY TENANT INCLUDING ALL RESPONSIBILITY AND LIABILITY FOR ANY ENVIRONMENTAL REMEDIATION AND COMPLIANCE WITH ALL ENVIRONMENTAL LAWS.

Condition of the Leased Property. Tenant acknowledges receipt and delivery of possession of Inasmuch as Landlord acquired -------------------------------- fee title to the Leased Property from Tenant immediately prior to the Commencement Date and confirms Tenant owned and operated the Leased Property prior thereto, Tenant acknowledges that Xxxxxx Tenant has examined and or otherwise has knowledge of the condition of the Leased Property prior to the execution and delivery of this Master Lease Lease. Tenant further acknowledges receipt and has found delivery of the same (except as included in the disclosures on Schedule 1A) to be in good order and repair and, to the best of Tenant’s knowledge, free from Hazardous Substances not in compliance with Legal Requirements and satisfactory for its purposes hereunderLeased Property. Regardless, however, of any examination or inspection made by Tenant of the Leased Property and whether or not any patent or latent defect or condition was revealed or discovered thereby, Tenant is leasing the Leased Property “"as is” " in its present condition and Tenant shall be solely responsible for all costs and expenses relating thereto, including, but not limited to, Xxxxxx’s the obligation, to repair any condition in existence on the Effective Datecondition. Tenant waives and releases any claim or action against Landlord in respect of the condition of the Leased Property including any defects or adverse conditions not discovered latent or otherwise patent, matured or unmatured, known or unknown by Tenant or Landlord as of the Commencement Datedate hereof. TENANT ACKNOWLEDGES THAT LANDLORD MAKES NO (WHETHER ACTING AS LANDLORD HEREUNDER OR IN ANY OTHER CAPACITY) HAS NOT MADE AND WILL NOT MAKE, NOR SHALL LANDLORD BE DEEMED TO HAVE MADE, ANY WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, IN WITH RESPECT OF TO THE LEASED PROPERTY PROPERTY, INCLUDING ANY WARRANTY OR ANY PART THEREOF, EITHER REPRESENTATION AS TO (i) ITS FITNESS FOR USEFITNESS, DESIGN OR CONDITION FOR ANY PARTICULAR USE OR PURPOSE OR OTHERWISEPURPOSE, OR AS TO (ii) THE NATURE OR QUALITY OF THE MATERIAL OR WORKMANSHIP THEREIN, (iii) THE EXISTENCE OF ANY DEFECT, LATENT OR PATENT, (iv) VALUE, (v) COMPLIANCE WITH SPECIFICATIONS, (vi) LOCATION, (vii) USE, (viii) CONDITION, (ix) MERCHANTABILITY, (xii) QUALITY, (xiii) DESCRIPTION, (xiv) DURABILITY, (XV) OPERATION, (xvi) THE EXISTENCE OF ANY HAZARDOUS SUBSTANCEMATERIAL OR (xvii) COMPLIANCE OF THE LEASED PROPERTY WITH ANY LAW (INCLUDING ENVIRONMENTAL LAWS) OR LEGAL REQUIREMENTS. TENANT ACKNOWLEDGES THAT THE LEASED PROPERTY HAS BEEN INSPECTED BY TENANT AND IS SATISFACTORY TO IT. IN THE EVENT OF ANY DEFECT OR DEFICIENCY IN THE LEASED PROPERTY OF ANY NATURE, IT BEING AGREED THAT ALL ACTIVE/119768607.18 SUCH RISKS, WHETHER LATENT OR PATENT, AS BETWEEN LANDLORD AND TENANT, LANDLORD SHALL NOT 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 5.2 HAVE ----------- BEEN NEGOTIATED AND ARE INTENDED TO BE BORNE SOLELY A COMPLETE EXCLUSION AND NEGATION OF ANY WARRANTIES BY TENANT INCLUDING ALL RESPONSIBILITY AND LIABILITY FOR LANDLORD, EXPRESS OR IMPLIED, WITH RESPECT TO THE LEASED PROPERTY, ARISING PURSUANT TO THE UNIFORM COMMERCIAL CODE OR ANY ENVIRONMENTAL REMEDIATION AND COMPLIANCE WITH ALL ENVIRONMENTAL LAWSOTHER LAW NOW OR HEREAFTER IN EFFECT OR ARISING OTHERWISE.

Condition of the Leased Property. Tenant Lessee acknowledges receipt and delivery of possession of the portions of the Leased Property prior to upon which the Commencement Date Facilities are or shall be situated and confirms 27 that Xxxxxx Lessee has examined and otherwise has acquired knowledge of the condition of the Leased Property prior to the execution and delivery of this Master Lease and has found the same (except as included in the disclosures on Schedule 1A) to be in good order and repair and, to the best of Tenant’s knowledge, free from Hazardous Substances not in compliance with Legal Requirements and satisfactory for its purposes purpose hereunder. Regardless, however, of any examination or inspection made by Tenant and whether or not any patent or latent defect or condition was revealed or discovered thereby, Tenant Lessee is leasing the Leased Property “"as is” " and "where is" in its present condition Lessee has not relied on any representation or warranty by Lessor and Tenant shall be solely responsible for all costs and expenses relating thereto, including, but not limited to, Xxxxxx’s the obligation, to repair any condition in existence on the Effective Date. Tenant hereby waives any claim or action against Landlord Lessor in respect of the condition of the Leased Property including any defects or adverse conditions not discovered or otherwise known by Tenant as of the Commencement DateProperty. LANDLORD LESSOR MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, IN RESPECT OF THE LEASED PROPERTY OR ANY PART THEREOF, EITHER AS TO ITS FITNESS FOR USE, SUITABILITY, DESIGN OR CONDITION FOR ANY PARTICULAR USE OR PURPOSE OR OTHERWISE, OR AS TO THE NATURE OR QUALITY OF THE MATERIAL OR WORKMANSHIP THEREIN, LATENT OR THE EXISTENCE OF ANY HAZARDOUS SUBSTANCEPATENT, IT BEING AGREED THAT ALL ACTIVE/119768607.18 SUCH RISKS, LATENT OR PATENT, RISKS ARE TO BE BORNE SOLELY BY TENANT LESSEE. LESSEE ACKNOWLEDGES THAT THE LEASED PROPERTY HAS BEEN INSPECTED BY LESSEE AND IS SATISFACTORY TO LESSEE. ACCORDINGLY, LESSEE HEREBY ACKNOWLEDGES THAT LESSOR HAS NOT MADE AND WILL NOT MAKE, NOR SHALL LESSOR BE DEEMED TO HAVE MADE ANY WARRANTY OR REPRESENTATION, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ALL RESPONSIBILITY WARRANTIES THAT THE LEASED PROPERTY IS FREE FROM VICES, DEFECTS AND LIABILITY DEFICIENCIES, WHETHER HIDDEN OR APPARENT OR ANY WARRANTY AS TO THE FITNESS, DESIGN OR CONDITION OF THE LEASED PROPERTY FOR ANY ENVIRONMENTAL REMEDIATION PARTICULAR USE OR PURPOSE OF SUCH LEASED PROPERTY. THE PROVISIONS OF THIS SECTION 7.1 HAVE BEEN NEGOTIATED, AND COMPLIANCE ARE INTENDED TO BE A COMPLETE EXCLUSION AND NEGATION OF ANY WARRANTIES BY LESSOR, EXPRESS, IMPLIED OR CREATED BY APPLICABLE LAW, WITH ALL ENVIRONMENTAL LAWSRESPECT TO THE CONDITION OF THE LEASED PROPERTY.

Condition of the Leased Property. Tenant acknowledges receipt and delivery of possession of the Leased Property prior to the Commencement Date and confirms that Xxxxxx Tenant has examined and otherwise has acquired knowledge of the condition of the Leased Property prior to the execution and delivery of this Master Lease and has found the same (except as included in the disclosures on Schedule 1A) to be in good order and repair and, to the best of Tenant’s knowledge, free from Hazardous Substances not in compliance with Legal Requirements and satisfactory for its purposes purpose hereunder. Regardless, however, of any examination or inspection made by Tenant and whether or not any patent or latent defect or condition was revealed or discovered thereby, Tenant is leasing the Leased Property “as is” in its present condition condition, subject to the rights of parties in possession, the existing state of title (as evidenced by title insurance policies and Tenant shall be solely responsible for all costs and expenses relating thereto, including, but not limited to, Xxxxxx’s the obligation, endorsements issued to repair any condition in existence Landlord on the Effective Date. Tenant waives any claim date of execution of this Lease, copies which have been made available to Tenant), including all covenants, conditions, restrictions, reservations, easements and other matters of record or action against Landlord in respect of the condition of that are visible or apparent on the Leased Property including Property, all applicable Legal Requirements, the lien of any defects or adverse conditions not discovered or otherwise known by Tenant financing instruments, mortgages, deeds to secure debt, and deeds of trust existing as of the Commencement DateDate or permitted by the terms of this Agreement, and such other matters which would be disclosed by an inspection of the Leased Property. TENANT REPRESENTS THAT IT HAS INSPECTED THE LEASED PROPERTY AND ALL OF THE FOREGOING AND HAS FOUND THE CONDITION THEREOF SATISFACTORY AND IS NOT RELYING ON ANY REPRESENTATION OR WARRANTY OF LANDLORD OR LANDLORD’S AGENTS OR EMPLOYEES WITH RESPECT THERETO AND TENANT WAIVES ANY CLAIM OR ACTION AGAINST LANDLORD IN RESPECT OF THE CONDITION OF THE LEASED PROPERTY. LANDLORD MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, IN RESPECT OF THE LEASED PROPERTY OR ANY PART THEREOF, EITHER AS TO ITS FITNESS FOR USE, SUITABILITY, DESIGN OR CONDITION FOR ANY PARTICULAR USE OR PURPOSE OR OTHERWISE, OR AS TO THE NATURE OR QUALITY OF THE MATERIAL OR WORKMANSHIP THEREIN, LATENT OR THE EXISTENCE OF ANY HAZARDOUS SUBSTANCEPATENT, IT BEING AGREED THAT ALL ACTIVE/119768607.18 SUCH RISKS, LATENT OR PATENT, RISKS ARE TO BE BORNE SOLELY BY TENANT INCLUDING ALL RESPONSIBILITY AND LIABILITY FOR ANY ENVIRONMENTAL REMEDIATION AND COMPLIANCE WITH ALL ENVIRONMENTAL LAWSTENANT.

Condition of the Leased Property. Tenant acknowledges receipt and delivery of possession of the Leased Property prior to the Commencement Date and confirms that Xxxxxx Tenant has examined and otherwise has knowledge of the condition of the Leased Property prior to the execution and delivery of this Master Lease and has found the same (except as included in the disclosures on Schedule 1A) to be in good order and repair and, to the best of Tenant’s knowledge, free from Hazardous Substances not in compliance with Legal Requirements and satisfactory for its purposes hereunder. Regardless, however, Regardless of any examination or inspection made by Tenant of the Leased Property and whether or not any patent or latent defect or condition was revealed or discovered thereby, Tenant is leasing the Leased Property “"as is” " in its present condition and Tenant shall be solely responsible for all costs and expenses relating thereto, including, but not limited to, Xxxxxx’s the obligation, to repair any condition in existence on the Effective Datecondition. Tenant waives and releases any claim or action against Landlord in respect of the condition of the Leased Property including any defects or adverse conditions not discovered conditions, latent or otherwise patent, matured or unmatured, known or unknown by Tenant or Landlord as of the Commencement Datedate hereof. TENANT ACKNOWLEDGES THAT LANDLORD MAKES NO (WHETHER ACTING AS LANDLORD HEREUNDER OR IN ANY OTHER CAPACITY) HAS NOT MADE AND WILL NOT MAKE, NOR SHALL LANDLORD BE DEEMED TO HAVE MADE, ANY WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, IN WITH RESPECT OF TO THE LEASED PROPERTY PROPERTY, INCLUDING ANY WARRANTY OR ANY PART THEREOF, EITHER REPRESENTATION AS TO (i) ITS FITNESS FOR USEFITNESS, DESIGN OR CONDITION FOR ANY PARTICULAR USE OR PURPOSE OR OTHERWISEPURPOSE, OR AS TO (ii) THE NATURE OR QUALITY OF THE MATERIAL OR WORKMANSHIP THEREIN, (iii) THE EXISTENCE OF ANY DEFECT, LATENT OR PATENT, (iv) LANDLORD'S TITLE THERETO, (v) VALUE, (vi) COMPLIANCE WITH SPECIFICATION, (vii) LOCATION, (viii) USE, (ix) CONDITION, (x) MERCHANTABILITY, (xi) QUALITY, (xii) DESCRIPTION, (xiii) DURABILITY, (xiv) OPERATION, (xv) THE EXISTENCE OF ANY HAZARDOUS SUBSTANCEMATERIAL OR (xvi) COMPLIANCE OF THE LEASED PROPERTY WITH ANY LAW (INCLUDING ENVIRONMENTAL LAWS) OR LEGAL REQUIREMENTS. TENANT ACKNOWLEDGES THAT THE LEASED PROPERTY IS OF ITS SELECTION AND TO ITS SPECIFICATIONS AND THAT THE LEASED PROPERTY HAS BEEN INSPECTED BY TENANT AND IS SATISFACTORY TO IT. IN THE EVENT OF ANY DEFECT OR DEFICIENCY IN THE LEASED PROPERTY OF ANY NATURE, IT BEING AGREED THAT ALL ACTIVE/119768607.18 SUCH RISKS, WHETHER LATENT OR PATENT, AS BETWEEN LANDLORD AND TENANT, LANDLORD SHALL NOT 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 5.2 HAVE BEEN NEGOTIATED, AND ARE INTENDED TO BE BORNE SOLELY A COMPLETE EXCLUSION AND NEGATION OF ANY WARRANTIES BY TENANT INCLUDING ALL RESPONSIBILITY AND LIABILITY FOR LANDLORD, EXPRESS OR IMPLIED, WITH RESPECT TO THE LEASED PROPERTY, ARISING PURSUANT TO THE UNIFORM COMMERCIAL CODE OR ANY ENVIRONMENTAL REMEDIATION AND COMPLIANCE WITH ALL ENVIRONMENTAL LAWSOTHER LAW NOW OR HEREAFTER IN EFFECT OR ARISING OTHERWISE.

Condition of the Leased Property. Tenant acknowledges receipt and -------------------------------- delivery of possession of the Leased Property prior to the Commencement Date and confirms that Xxxxxx Tenant has examined and or otherwise has knowledge of the condition of the Leased Property prior to the execution and delivery of this Master Lease and has found the same (except as included in the disclosures on Schedule 1A) to be in good order and repair and, to the best of Tenant’s knowledge, free from Hazardous Substances not in compliance with Legal Requirements and satisfactory for its purposes hereunderLease. Regardless, however, of any examination or inspection made by Tenant of the Leased Property and whether or not any patent or latent defect or condition was revealed or discovered thereby, Tenant is leasing the Leased Property “"as is” " in its present condition except during the time and Tenant shall be solely responsible for all costs to the extent of Landlord's Representations and expenses relating thereto, including, but not limited to, Xxxxxx’s the obligation, to repair any condition in existence on the Effective DateWarranties. Tenant waives and releases any claim or action against Landlord in respect of the condition of the Leased Property including any defects or adverse conditions not discovered latent or otherwise patent, matured or unmatured, known or unknown by Tenant or Landlord as of the Commencement Datedate hereof; provided that such waiver shall not apply to any claims Tenant may have with respect to Landlord's Representations and Warranties. TENANT ACKNOWLEDGES THAT EXCEPT DURING THE TIME AND TO THE EXTENT OF LANDLORD'S REPRESENTATIONS AND WARRANTIES LANDLORD MAKES NO (WHETHER ACTING AS LANDLORD HEREUNDER OR IN ANY OTHER CAPACITY) HAS NOT MADE AND WILL NOT MAKE, NOR SHALL LANDLORD BE DEEMED TO HAVE MADE, ANY WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, IN WITH RESPECT OF TO THE LEASED PROPERTY PROPERTY, INCLUDING ANY WARRANTY OR ANY PART THEREOF, EITHER REPRESENTATION AS TO (i) ITS FITNESS FOR USEFITNESS, DESIGN OR CONDITION FOR ANY PARTICULAR USE OR PURPOSE OR OTHERWISEPURPOSE, OR AS TO (ii) THE NATURE OR QUALITY OF THE MATERIAL OR WORKMANSHIP THEREIN, (iii) THE EXISTENCE OF ANY DEFECT, LATENT OR PATENT, (iv) VALUE, (v) COMPLIANCE WITH SPECIFICATIONS, (vi) LOCATION, (vii) USE, (viii) CONDITION, (ix) MERCHANTABILITY, (xii) QUALITY, (xiii) DESCRIPTION (xiv) DURABILITY, (xv) OPERATION (xvi) THE EXISTENCE OF ANY HAZARDOUS SUBSTANCEMATERIAL OR (xvii) COMPLIANCE OF THE LEASED PROPERTY WITH ANY LAW (INCLUDING ENVIRONMENTAL LAWS) OR LEGAL REQUIREMENTS. TENANT ACKNOWLEDGES THAT THE LEASED PROPERTY HAS BEEN INSPECTED BY TENANT AND IS SATISFACTORY TO IT. IN THE EVENT OF ANY DEFECT OR DEFICIENCY IN THE LEASED PROPERTY OF ANY NATURE, IT BEING AGREED THAT ALL ACTIVE/119768607.18 SUCH RISKS, WHETHER LATENT OR PATENT, AS BETWEEN LANDLORD AND TENANT, LANDLORD SHALL NOT 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 5.2 HAVE BEEN NEGOTIATED AND ARE INTENDED TO BE BORNE SOLELY A COMPLETE ----------- EXCLUSION AND NEGATION OF ANY WARRANTIES BY TENANT INCLUDING ALL RESPONSIBILITY LANDLORD, EXPRESS OR IMPLIED, WITH RESPECT TO THE LEASED PROPERTY, ARISING PURSUANT TO THE UNIFORM COMMERCIAL CODE OR ANY OTHER LAW NOW OR HEREAFTER IN EFFECT OR ARISING OTHERWISE. THE PROVISIONS OF THIS SECTION 5.2 SHALL NOT VITIATE, LIMIT OR OTHERWISE AFFECT ------- --- TENANT'S RIGHTS WITH RESPECT TO LANDLORD'S REPRESENTATIONS AND LIABILITY FOR ANY ENVIRONMENTAL REMEDIATION AND COMPLIANCE WITH ALL ENVIRONMENTAL LAWSWARRANTIES.

Condition of the Leased Property. Tenant acknowledges (i) that immediately prior to the Effective Date it was in possession, pursuant to the Prior Lease, of all of the Leased Property, (ii) that immediately prior to the date the New Joliet Land is added to this Master Lease, it was in possession of the New Joliet Land pursuant to the Joliet Development Lease (as defined in the Development Agreement), (iii) receipt and delivery of possession of the Leased Property prior to the Commencement Date Property, and (iv) confirms that Xxxxxx Tenant has examined and otherwise has knowledge of the condition of the Leased Property prior to the execution and delivery of this Master Lease and has found the same (except as included in the disclosures on Schedule 1A) to be in good order and repair and, to the best of TenantXxxxxx’s knowledge, free from Hazardous Substances not in compliance with Legal Requirements and satisfactory for its purposes hereunder. Regardless, however, of any examination or inspection made by Tenant and whether or not any patent or latent defect or condition was revealed or discovered thereby, Tenant is leasing the Leased Property “as is” in its present condition condition, and Tenant shall be solely responsible for all costs the repair and expenses relating thereto, including, but not limited to, Xxxxxx’s the obligation, to repair maintenance of any condition of the Leased Property in existence on the Effective DateDate unless otherwise expressly set forth in this Master Lease. Tenant waives any claim or action against Landlord in respect of the condition of the Leased Property including any defects or adverse conditions not discovered or otherwise known by Tenant as of the Commencement Date. LANDLORD MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, IN RESPECT OF THE LEASED PROPERTY OR ANY PART THEREOF, EITHER AS TO ITS FITNESS FOR USE, DESIGN OR CONDITION FOR ANY PARTICULAR USE OR PURPOSE OR OTHERWISE, OR AS TO THE NATURE OR QUALITY OF THE MATERIAL OR WORKMANSHIP THEREIN, OR THE EXISTENCE OF ANY HAZARDOUS SUBSTANCE, IT BEING AGREED THAT ALL ACTIVE/119768607.18 SUCH RISKS, LATENT OR PATENT, ARE TO BE BORNE SOLELY BY TENANT INCLUDING ALL RESPONSIBILITY AND LIABILITY FOR ANY ENVIRONMENTAL REMEDIATION AND COMPLIANCE WITH ALL ENVIRONMENTAL LAWS.

Condition of the Leased Property. Tenant The Lessee acknowledges receipt and delivery of possession of the Leased Property prior to and that the Commencement Date and confirms that Xxxxxx Lessee has examined and otherwise has acquired knowledge of the condition of the Leased Property prior to the execution and delivery of this Master Lease and has found the same (except as included in the disclosures on Schedule 1A) to be in good order and repair and, to the best of Tenant’s knowledge, free from Hazardous Substances not in compliance with Legal Requirements and satisfactory for its purposes hereunder. Regardless, however, of any examination or inspection made by Tenant and whether or not any patent or latent defect or condition was revealed or discovered thereby, Tenant The Lessee is leasing the Leased Property “as is” "AS-IS" in its present condition and Tenant shall be solely responsible for all costs and expenses relating thereto, including, but not limited to, Xxxxxx’s the obligation, to repair any condition in existence on the Effective Datecondition. Tenant The Lessee waives any claim or action against Landlord the Lessor in respect of the condition of the Leased Property including any defects or adverse conditions not discovered or otherwise known by Tenant as of the Commencement DateProperty. LANDLORD THE LESSOR MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, IN WITH RESPECT OF TO THE LEASED PROPERTY OR ANY PART THEREOFPROPERTY, EITHER AS TO ITS FITNESS FOR ANY PARTICULAR PURPOSE OR USE, ITS DESIGN OR CONDITION FOR ANY PARTICULAR USE OR PURPOSE OR OTHERWISE, OR AS TO DEFECTS IN THE NATURE OR QUALITY OF THE MATERIAL OR WORKMANSHIP THEREIN, LATENT OR THE EXISTENCE OF ANY HAZARDOUS SUBSTANCE, PATENT; IT BEING AGREED THAT ALL ACTIVE/119768607.18 SUCH RISKSRISKS RELATING TO THE DESIGN, LATENT CONDITION AND/OR PATENT, USE OF THE LEASED PROPERTY ARE TO BE BORNE SOLELY BY TENANT INCLUDING THE LESSEE. THE LESSEE HEREBY ASSUMES ALL RESPONSIBILITY RISK OF THE PHYSICAL CONDITION OF THE LEASED PROPERTY, THE SUITABILITY OF THE LEASED PROPERTY FOR THE LESSEE'S PURPOSES, AND LIABILITY FOR ANY ENVIRONMENTAL REMEDIATION AND THE COMPLIANCE OR NONCOMPLIANCE OF THE LEASED PROPERTY WITH ALL APPLICABLE REQUIREMENTS OF LAW, INCLUDING BUT NOT LIMITED TO ENVIRONMENTAL LAWS AND ZONING OR LAND USE LAWS. Upon the request of the Lessor, at any time and from time to time during the Term, the Lessee shall engage one (1) or more independent professional consultants, engineers and inspectors, qualified to do business in the State and acceptable to the Lessor to perform any environmental and/or structural investigations and/or other inspections of the Leased Property and the Facility as the Lessor may reasonably request in order to detect (a) any structural deficiencies in the Leased Improvements or the utilities servicing the Leased Property or (b) the presence of any condition that (i) may be harmful or present a health hazard to the patients and/or residents and other occupants of the Leased Property or (ii) constitutes a breach or violation of any of the Lease Documents. In the event that the Lessor reasonably determines that the results of such testing or inspections are unsatisfactory, within thirty (30) days of notice from the Lessor, the Lessee shall commence such appropriate remedial actions as may be reasonably requested by the Lessor to correct such unsatisfactory conditions and, thereafter, shall diligently and continuously prosecute such remedial actions to completion within the time limits prescribed in this Lease or the other Lease Documents.

Condition of the Leased Property. Tenant acknowledges receipt and delivery of possession of the Leased Property prior to the Commencement Date and confirms that Xxxxxx has examined and otherwise has knowledge of the condition of the Leased Property prior to the execution and delivery of this Master Lease and has found the same (except as included in the disclosures on Schedule 1AA) to be in good order and repair and, to the best of Tenant’s knowledge, free from Hazardous Substances not in compliance with Legal Requirements and satisfactory for its purposes hereunder. Regardless, however, of any examination or inspection made by Tenant and whether or not any patent or latent defect or condition was revealed or discovered thereby, Tenant is leasing the Leased Property “as is” in its present condition and Tenant shall be solely responsible for all costs and expenses relating theretocondition. Subject to Section 32.6, including, but not limited to, Xxxxxx’s the obligation, to repair any condition in existence on the Effective Date. Tenant waives any claim or action against Landlord in respect of the condition of the Leased Property including any defects or adverse conditions not discovered or otherwise known by Tenant as of the Commencement Date. LANDLORD MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, IN RESPECT OF THE LEASED PROPERTY OR ANY PART THEREOF, EITHER AS TO ITS FITNESS FOR USE, DESIGN OR CONDITION FOR ANY PARTICULAR USE OR PURPOSE OR OTHERWISE, OR AS TO THE NATURE OR QUALITY OF THE MATERIAL OR WORKMANSHIP THEREIN, OR THE EXISTENCE OF ANY HAZARDOUS SUBSTANCESUBSTANCE ON THE LEASED PROPERTY OR ANY PART THEREOF, IT BEING AGREED THAT ALL ACTIVE/119768607.18 SUCH RISKS, LATENT OR PATENT, ARE TO BE BORNE SOLELY BY TENANT INCLUDING ALL RESPONSIBILITY AND LIABILITY FOR ANY ENVIRONMENTAL REMEDIATION AND COMPLIANCE WITH ALL ENVIRONMENTAL LAWS., EXCEPT AS SET FORTH IN SECTION 32.6

Condition of the Leased Property. Tenant Lessee acknowledges receipt and delivery of possession of the Leased Property prior to the Commencement Date and confirms that Xxxxxx Lessee has examined and otherwise has acquired knowledge of the condition of the Leased Property prior to the execution and delivery of this Master Lease and has found the same (except as included in the disclosures on Schedule 1A) to be in good order and repair and, to the best of Tenant’s knowledge, free from Hazardous Substances not in compliance with Legal Requirements and satisfactory for its purposes purpose hereunder. Regardless, however, of any examination or inspection made by Tenant and whether or not any patent or latent defect or condition was revealed or discovered thereby, Tenant Lessee is leasing the Leased Property “as is” and “where is” in its present condition condition. Lessee has not relied on any representation or warranty by Lessor and Tenant shall be solely responsible for all costs and expenses relating thereto, including, but not limited to, Xxxxxx’s the obligation, to repair any condition in existence on the Effective Date. Tenant hereby waives any claim or action against Landlord Lessor in respect of the condition of the Leased Property including any defects or adverse conditions not discovered or otherwise known by Tenant as of the Commencement DateProperty. LANDLORD LESSOR MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, IN RESPECT OF THE LEASED PROPERTY OR ANY PART THEREOF, EITHER AS TO ITS FITNESS FOR USE, SUITABILITY, DESIGN OR CONDITION FOR ANY PARTICULAR USE OR PURPOSE OR OTHERWISE, OR AS TO THE NATURE OR QUALITY OF THE MATERIAL OR WORKMANSHIP THEREIN, LATENT OR THE EXISTENCE OF ANY HAZARDOUS SUBSTANCEPATENT, IT BEING AGREED THAT ALL ACTIVE/119768607.18 SUCH RISKS, LATENT OR PATENT, RISKS ARE TO BE BORNE SOLELY BY TENANT LESSEE. LESSEE ACKNOWLEDGES THAT THE LEASED PROPERTY HAS BEEN INSPECTED BY LESSEE AND IS SATISFACTORY TO IT. ACCORDINGLY, LESSEE HEREBY ACKNOWLEDGES THAT LESSOR HAS NOT MADE AND WILL NOT MAKE, NOR SHALL LESSOR BE DEEMED TO HAVE MADE ANY WARRANTY OR REPRESENTATION, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ALL RESPONSIBILITY WARRANTIES THAT THE LEASED PROPERTY IS FREE FROM VICES, DEFECTS AND LIABILITY DEFICIENCIES, WHETHER HIDDEN OR APPARENT OR ANY WARRANTY AS TO THE FITNESS, DESIGN OR CONDITION OF THE LEASED PROPERTY FOR ANY ENVIRONMENTAL REMEDIATION PARTICULAR USE OR PURPOSE OF SUCH LEASED PROPERTY. THE PROVISIONS OF THIS SECTION 7.1 HAVE BEEN NEGOTIATED, AND COMPLIANCE ARE INTENDED TO BE A COMPLETE EXCLUSION AND NEGATION OF ANY WARRANTIES BY LESSOR, EXPRESS, IMPLIED OR CREATED BY APPLICABLE LAW, WITH ALL ENVIRONMENTAL LAWSRESPECT TO THE CONDITION OF THE LEASED PROPERTY.

Condition of the Leased Property. Tenant acknowledges receipt and delivery of possession of the Leased Property prior to the Commencement Date and confirms that Xxxxxx Tenant has examined and otherwise has knowledge of the condition of the Leased Property prior to the execution and delivery of this Master Lease and has found the same (except as included in the disclosures on Schedule 1AA) to be in good order and repair and, to the best of Tenant’s knowledge, free from Hazardous Substances not in compliance with Legal Requirements and satisfactory for its purposes hereunder, it being understood and acknowledged by Tenant that, immediately prior to Landlord’s Parent acquisition of the ownership interest in Xxxxxxx Landlord and contemporaneous entry into this Lease, Tenant (or its Affiliates) was the owner of all of Landlord’s interest in and to the Leased Property and, accordingly, Tenant is charged with, and deemed to have, full and complete knowledge of all aspects of the condition and state of the Leased Property as of the Commencement Date. Regardless, however, of any examination or inspection made by Tenant and whether or not any patent or latent defect or condition was revealed or discovered thereby, Tenant is leasing the Leased Property “as is” in its present condition and Tenant shall be solely responsible for all costs and expenses relating thereto, including, but not limited to, Xxxxxx’s the obligation, to repair any condition in existence on the Effective Datecondition. Tenant waives any claim or action against Landlord in respect of the condition of the Leased Property including any defects or adverse conditions not discovered or otherwise known by Tenant as of the Commencement Date. LANDLORD MAKES NO WARRANTY OR REPRESENTATIONREPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, IN RESPECT OF THE LEASED PROPERTY OR ANY PART THEREOF, EITHER INCLUDING AS TO ITS FITNESS FOR USE, DESIGN OR CONDITION FOR ANY PARTICULAR USE OR PURPOSE OR OTHERWISE, OR AS TO THE NATURE OR QUALITY OF THE MATERIAL OR WORKMANSHIP THEREIN, OR THE STATUS OF TITLE TO THE LEASED PROPERTY OR THE PHYSICAL CONDITION OR STATE OF REPAIR THEREOF, OR THE ZONING OR OTHER LAWS, ORDINANCES, BUILDING CODES, REGULATIONS, RULES AND ORDERS APPLICABLE THERETO OR TO ANY CAPITAL IMPROVEMENTS WHICH MAY BE NOW OR HEREAFTER CONTEMPLATED, THE IMPOSITIONS LEVIED IN RESPECT OF THE LEASED PROPERTY OR ANY PART THEREOF, OR THE USE THAT MAY BE MADE OF THE LEASED PROPERTY OR ANY PART THEREOF, THE INCOME TO BE DERIVED FROM THE FACILITY OR THE EXPENSE OF OPERATING THE SAME, OR THE EXISTENCE OF ANY HAZARDOUS SUBSTANCESUBSTANCE ON THE LEASED PROPERTY OR ANY PART THEREOF, IT BEING AGREED THAT ALL ACTIVE/119768607.18 SUCH RISKS, LATENT OR PATENT, ARE TO BE BORNE SOLELY BY TENANT INCLUDING ALL RESPONSIBILITY AND LIABILITY FOR ANY ENVIRONMENTAL REMEDIATION AND COMPLIANCE WITH ALL ENVIRONMENTAL LAWS.

Condition of the Leased Property. Tenant acknowledges receipt and delivery of possession of the Leased Property prior to the Commencement Date and confirms that Xxxxxx Tenant has examined and otherwise has knowledge of the condition of the Leased Property prior to the execution and delivery of this Master Lease and has found the same (except as included in the disclosures on Schedule 1A) to be in good order and repair and, to the best of Tenant’s knowledge, free from Hazardous Substances not in compliance with Legal Requirements and satisfactory for its purposes hereunder. Regardless, however, Regardless of any examination or inspection made by Tenant of the Leased Property and whether or not any patent or latent defect or condition was revealed or discovered thereby, Tenant is leasing the Leased Property “"as is” " in its present condition and Tenant shall be solely responsible for all costs and expenses relating thereto, including, but not limited to, Xxxxxx’s the obligation, to repair any condition in existence on the Effective Datecondition. Tenant waives and releases any claim or action against Landlord in respect of the condition of the Leased Property including any defects or adverse conditions not discovered conditions, latent or otherwise patent, matured or unmatured, known or unknown by Tenant or Landlord as of the Commencement Datedate hereof. TENANT ACKNOWLEDGES THAT LANDLORD MAKES NO (WHETHER ACTING AS LANDLORD HEREUNDER OR IN ANY OTHER CAPACITY) HAS NOT MADE AND WILL NOT MAKE, NOR SHALL LANDLORD BE DEEMED TO HAVE MADE, ANY WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, IN WITH RESPECT OF TO THE LEASED PROPERTY PROPERTY, INCLUDING ANY WARRANTY OR ANY PART THEREOF, EITHER REPRESENTATION AS TO (i) ITS FITNESS FOR USEFITNESS, DESIGN OR CONDITION FOR ANY PARTICULAR USE OR PURPOSE OR OTHERWISEPURPOSE, OR AS TO (ii) THE NATURE OR QUALITY OF THE MATERIAL OR WORKMANSHIP THEREIN, (iii) THE EXISTENCE OF ANY DEFECT, LATENT OR PATENT, (iv) LANDLORD'S TITLE THERETO, (v) VALUE, (vi) COMPLIANCE WITH SPECIFICATIONS, (vii) LOCATION, (viii) USE, (ix) CONDITION, (x) MERCHANTABILITY, (xi) QUALITY, (xii) DESCRIPTION, (xiii) DURABILITY, (xiv) OPERATION, (xv) THE EXISTENCE OF ANY HAZARDOUS SUBSTANCE, IT BEING AGREED MATERIAL OR (xvi) COMPLIANCE OF THE LEASED PROPERTY WITH ANY LAW (INCLUDING ENVIRONMENTAL LAWS) OR LEGAL REQUIREMENTS. TENANT ACKNOWLEDGES THAT ALL ACTIVE/119768607.18 SUCH RISKS, LATENT OR PATENT, ARE THE LEASED PROPERTY IS OF ITS SELECTION AND TO BE BORNE SOLELY ITS SPECIFICATIONS AND THAT THE LEASED PROPERTY HAS BEEN INSPECTED BY TENANT INCLUDING ALL RESPONSIBILITY AND LIABILITY FOR IS SATISFACTORY TO IT. IN THE EVENT OF ANY ENVIRONMENTAL REMEDIATION AND COMPLIANCE WITH ALL ENVIRONMENTAL LAWS.DEFECT OR

Condition of the Leased Property. Tenant acknowledges receipt and delivery of possession of the Leased Property prior to the Commencement Date and confirms that Xxxxxx Tenant has examined and otherwise has knowledge of the condition of the Leased Property prior to and as of the execution and delivery of this Master Lease and has found the same (except as included in the disclosures on Schedule 1A) to be in good order and repair and, to the best of Tenant’s knowledge, free from Hazardous Substances not in compliance with Legal Requirements and satisfactory for its purposes hereunder, it being understood and acknowledged by Tenant that, immediately prior to entering into this Lease, Tenant (or its Affiliate) was the owner of the Leased Property and, accordingly, Tenant is charged with, and deemed to have, full and complete knowledge of all aspects of the condition and state of the Leased Property as of the Commencement Date. Regardless, however, Without limitation of the foregoing and regardless of any examination or inspection made by Tenant Tenant, and whether or not any patent or latent defect or condition was revealed or discovered thereby, Tenant is leasing the Leased Property “as is” in its present condition and Tenant shall be solely responsible for all costs and expenses relating theretocondition. Without limitation of the foregoing, including, but not limited to, Xxxxxx’s the obligation, to repair any condition in existence on the Effective Date. Tenant waives any claim or action against Landlord in respect of the condition of the Leased Property including any defects or adverse conditions not discovered or otherwise known by Tenant as of the Commencement Date. LANDLORD MAKES NO WARRANTY OR REPRESENTATIONREPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, IN RESPECT OF THE LEASED PROPERTY OR ANY PART THEREOF, EITHER INCLUDING AS TO ITS FITNESS FOR USE, DESIGN OR CONDITION FOR ANY PARTICULAR USE OR PURPOSE OR OTHERWISE, OR AS TO THE NATURE OR QUALITY OF THE MATERIAL OR WORKMANSHIP THEREIN, OR THE STATUS OF TITLE TO THE LEASED PROPERTY OR THE PHYSICAL CONDITION OR STATE OF REPAIR THEREOF, OR THE ZONING OR OTHER LAWS, ORDINANCES, BUILDING CODES, REGULATIONS, RULES AND ORDERS APPLICABLE THERETO OR TO ANY CAPITAL IMPROVEMENTS WHICH MAY BE NOW OR HEREAFTER CONTEMPLATED, THE IMPOSITIONS LEVIED IN RESPECT OF THE LEASED PROPERTY OR ANY PART THEREOF, OR THE USE THAT MAY BE MADE OF THE LEASED PROPERTY OR ANY PART THEREOF, THE INCOME TO BE DERIVED FROM THE FACILITY OR THE EXPENSE OF OPERATING THE SAME, OR THE EXISTENCE OF ANY HAZARDOUS SUBSTANCE, IT BEING AGREED THAT ALL ACTIVE/119768607.18 SUCH RISKS, LATENT OR PATENT, ARE TO BE BORNE SOLELY BY TENANT INCLUDING ALL RESPONSIBILITY AND LIABILITY FOR ANY ENVIRONMENTAL REMEDIATION AND COMPLIANCE WITH ALL ENVIRONMENTAL LAWS. This Section 7.1 shall not be construed to limit Landlord’s express indemnities made hereunder. 7.

Condition of the Leased Property. Tenant Lessee acknowledges receipt and delivery of possession of the Leased Property prior to the Commencement Date and confirms that Xxxxxx Lessee has examined and otherwise has acquired knowledge of the condition of the Leased Property prior to the execution and delivery of this Master Lease and has found the same (except as included in the disclosures on Schedule 1A) to be in good order and repair and, to the best of Tenant’s knowledge, free from Hazardous Substances not in compliance with Legal Requirements and satisfactory for its purposes purpose hereunder. Regardless, however, of any examination or inspection made by Tenant and whether or not any patent or latent defect or condition was revealed or discovered thereby, Tenant Lessee is leasing the Leased Property “as is” and “where is” in its present condition condition. Lessee has not relied on any representation or warranty by Lessor and Tenant shall be solely responsible for all costs and expenses relating thereto, including, but not limited to, Xxxxxx’s the obligation, to repair any condition in existence on the Effective Date. Tenant hereby waives any claim or action against Landlord Lessor in respect of the condition of the Leased Property including any defects or adverse conditions not discovered or otherwise known by Tenant as of the Commencement DateProperty. LANDLORD LESSOR MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, IN RESPECT OF THE LEASED PROPERTY OR ANY PART THEREOF, EITHER AS TO ITS FITNESS FOR USE, SUITABILITY, DESIGN OR CONDITION FOR ANY PARTICULAR USE OR PURPOSE OR OTHERWISE, OR AS TO THE NATURE OR QUALITY OF THE MATERIAL OR WORKMANSHIP THEREIN, LATENT OR THE EXISTENCE OF ANY HAZARDOUS SUBSTANCEPATENT, IT BEING AGREED THAT ALL ACTIVE/119768607.18 SUCH RISKS, LATENT OR PATENT, RISKS ARE TO BE BORNE SOLELY BY TENANT LESSEE. LESSEE ACKNOWLEDGES THAT THE LEASED PROPERTY HAS BEEN INSPECTED BY LESSEE AND IS SATISFACTORY TO IT. ACCORDINGLY, LESSEE HEREBY ACKNOWLEDGES THAT LESSOR HAS NOT MADE AND WILL NOT MAKE, NOR SHALL LESSOR BE DEEMED TO HAVE MADE ANY WARRANTY OR REPRESENTATION, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ALL RESPONSIBILITY WARRANTIES THAT THE LEASED PROPERTY IS FREE FROM VICES, DEFECTS AND LIABILITY DEFICIENCIES, WHETHER HIDDEN OR APPARENT OR ANY WARRANTY AS TO THE FITNESS, DESIGN OR CONDITION OF THE LEASED PROPERTY FOR ANY ENVIRONMENTAL REMEDIATION PARTICULAR USE OR PURPOSE OF SUCH LEASED PREMISES. THE PROVISIONS OF THIS SECTION 6.2 HAVE BEEN NEGOTIATED, AND COMPLIANCE ARE INTENDED TO BE A COMPLETE EXCLUSION AND NEGATION OF ANY WARRANTIES BY LESSOR, EXPRESS, IMPLIED OR CREATED BY APPLICABLE LAW, WITH ALL ENVIRONMENTAL LAWSRESPECT TO THE CONDITION OF THE LEASED PROPERTY.

Condition of the Leased Property. Tenant Lessee acknowledges receipt and delivery of possession of the Leased Property prior to the Commencement Date of each Facility and confirms that Xxxxxx Lessee has examined and otherwise has knowledge of the condition of the Leased Property of each Facility prior to the execution and delivery of this Master Lease and, as of (i) with respect to the Group 1 Facilities and Group 2 Facilities, the Original Lease Commencement Date and (ii) with respect to the Group 3 Facilities, the Restatement Date, has found the same (except as included in the disclosures on Schedule 1A) to be in good order and repair and, to the best of Tenant’s knowledgerepair, free from Hazardous Substances not in compliance with Legal Requirements Requirements, and satisfactory for its purposes hereunder. Regardless, however, of any examination or inspection made by Tenant Lessee and whether or not any patent or latent defect or condition was revealed or discovered thereby, Tenant Lessee is leasing the Leased Property “of each Facility "as is” " in its present condition and Tenant shall be solely responsible for all costs and expenses relating thereto, including, but not limited to, Xxxxxx’s the obligation, to repair any condition in existence on the Effective Datecondition. Tenant Lessee waives any claim or action against Landlord Lessor in respect of the condition of the Leased Property of each Facility including any defects or adverse conditions not discovered or otherwise known by Tenant Lessee as of (a) with respect to the Group 1 Facilities and Group 2 Facilities, the Original Lease Commencement Date and (b) with respect to the Group 3 Facilities, the Restatement Date. LANDLORD LESSOR MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, IN RESPECT OF THE LEASED PROPERTY OR ANY PART THEREOF, EITHER AS TO ITS FITNESS FOR USE, DESIGN OR CONDITION FOR ANY PARTICULAR USE OR PURPOSE OR OTHERWISE, OR AS TO THE NATURE OR QUALITY OF THE MATERIAL OR WORKMANSHIP THEREIN, OR THE EXISTENCE OF ANY HAZARDOUS SUBSTANCE, IT BEING AGREED THAT ALL ACTIVE/119768607.18 SUCH RISKS, LATENT OR PATENT, ARE TO BE BORNE SOLELY BY TENANT LESSEE INCLUDING ALL RESPONSIBILITY AND LIABILITY FOR ANY ENVIRONMENTAL REMEDIATION AND COMPLIANCE WITH ALL ENVIRONMENTAL LAWS.

Condition of the Leased Property. Tenant acknowledges receipt and delivery of possession of the Leased Property prior to the Commencement Date and confirms that Xxxxxx Tenant has examined and otherwise has knowledge of the condition of the Leased Property prior to and as of the execution and delivery of this Master Lease and has found the same (except as included in the disclosures on Schedule 1A) to be in good order and repair and, to the best of Tenant’s knowledge, free from Hazardous Substances not in compliance with Legal Requirements and satisfactory for its purposes hereunder, it being understood and acknowledged by Tenant that, immediately prior to Landlord’s acquisition of the Leased Property and contemporaneous entry into this Lease, Tenant (or its Affiliates) was the owner of all of Landlord’s interest in and to the Leased Property and, accordingly, Tenant is charged with, and deemed to have, full and complete knowledge of all aspects of the condition and state of the Leased Property as of the Commencement Date. Regardless, however, Without limitation of the foregoing and regardless of any examination or inspection made by Tenant Tenant, and whether or not any patent or latent defect or condition was revealed or discovered thereby, Tenant is leasing the Leased Property “as is” in its present condition and Tenant shall be solely responsible for all costs and expenses relating theretocondition. Without limitation of the foregoing, including, but not limited to, Xxxxxx’s the obligation, to repair any condition in existence on the Effective Date. Tenant waives any claim or action against Landlord in respect of the condition of the Leased Property including any defects or adverse conditions not discovered or otherwise known by Tenant as of the Commencement Date. LANDLORD MAKES NO WARRANTY OR REPRESENTATIONREPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, IN RESPECT OF THE LEASED PROPERTY OR ANY PART THEREOF, EITHER INCLUDING AS TO ITS FITNESS FOR USE, DESIGN OR CONDITION FOR ANY PARTICULAR USE OR PURPOSE OR OTHERWISE, OR AS TO THE NATURE OR QUALITY OF THE MATERIAL OR WORKMANSHIP THEREIN, OR THE STATUS OF TITLE TO THE LEASED PROPERTY OR THE PHYSICAL CONDITION OR STATE OF REPAIR THEREOF, OR THE ZONING OR OTHER LAWS, ORDINANCES, BUILDING CODES, REGULATIONS, RULES AND ORDERS APPLICABLE THERETO OR TO ANY CAPITAL IMPROVEMENTS WHICH MAY BE NOW OR HEREAFTER CONTEMPLATED, THE IMPOSITIONS LEVIED IN RESPECT OF THE LEASED PROPERTY OR ANY PART THEREOF, OR THE USE THAT MAY BE MADE OF THE LEASED PROPERTY OR ANY PART THEREOF, THE INCOME TO BE DERIVED FROM THE FACILITY OR THE EXPENSE OF OPERATING THE SAME, OR THE EXISTENCE OF ANY HAZARDOUS SUBSTANCE, IT BEING AGREED THAT ALL ACTIVE/119768607.18 SUCH RISKS, LATENT OR PATENT, ARE TO BE BORNE SOLELY BY TENANT INCLUDING ALL RESPONSIBILITY AND LIABILITY FOR ANY ENVIRONMENTAL REMEDIATION AND COMPLIANCE WITH ALL ENVIRONMENTAL LAWS.. This Section 7.1 shall not be construed to limit Landlord’s express indemnities made hereunder. 61

Condition of the Leased Property. Tenant The Lessee acknowledges receipt and delivery of possession of the Leased Property prior to and that the Commencement Date and confirms that Xxxxxx Lessee has examined and otherwise has acquired knowledge of the condition of the Leased Property prior to the execution and delivery of this Master Lease and has found the same (except as included in the disclosures on Schedule 1A) to be in good order and repair and, to the best of Tenant’s knowledge, free from Hazardous Substances not in compliance with Legal Requirements and satisfactory for its purposes hereunder. Regardless, however, of any examination or inspection made by Tenant and whether or not any patent or latent defect or condition was revealed or discovered thereby, Tenant The Lessee is leasing the Leased Property “as is” "AS-IS" in its present condition and Tenant shall be solely responsible for all costs and expenses relating thereto, including, but not limited to, Xxxxxx’s the obligation, to repair any condition in existence on the Effective Datecondition. Tenant The Lessee waives any claim or action against Landlord the Lessor in respect of the condition of the Leased Property including any defects or adverse conditions not discovered or otherwise known by Tenant as of the Commencement DateProperty. LANDLORD THE LESSOR MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, IN WITH RESPECT OF TO THE LEASED PROPERTY OR ANY PART THEREOFPROPERTY, EITHER AS TO ITS FITNESS FOR ANY PARTICULAR PURPOSE OR USE, ITS DESIGN OR CONDITION FOR ANY PARTICULAR USE OR PURPOSE OR OTHERWISE, OR AS TO DEFECTS IN THE NATURE OR QUALITY OF THE MATERIAL OR WORKMANSHIP THEREIN, LATENT OR THE EXISTENCE OF ANY HAZARDOUS SUBSTANCE, PATENT; IT BEING AGREED THAT ALL ACTIVE/119768607.18 SUCH RISKSRISKS RELATING TO THE DESIGN, LATENT CONDITION AND/OR PATENT, USE OF THE LEASED PROPERTY ARE TO BE BORNE SOLELY BY TENANT INCLUDING THE LESSEE. THE LESSEE HEREBY ASSUMES ALL RESPONSIBILITY RISK OF THE PHYSICAL CONDITION OF THE LEASED PROPERTY, THE SUITABILITY OF THE LEASED PROPERTY FOR THE LESSEE'S PURPOSES, AND LIABILITY FOR ANY ENVIRONMENTAL REMEDIATION AND THE COMPLIANCE OR NONCOMPLIANCE OF THE LEASED PROPERTY WITH ALL APPLICABLE REQUIREMENTS OF LAW, INCLUDING BUT NOT LIMITED TO ENVIRONMENTAL LAWS AND ZONING OR LAND USE LAWS. Upon the request of the Lessor, at any time and from time to time during the Term, the Lessee shall engage one (1) or more independent professional consultants, engineers and inspectors, qualified to do business in the State and acceptable to the Lessor to perform any environmental and/or structural investigations and/or other inspections of the Leased Property and the Facility as the Lessor may reasonably request in order to detect (a) any structural deficiencies in the Leased Improvements or the utilities servicing the Leased Property or (b) the presence of any condition that (i) may be harmful or present a health hazard to the residents and other occupants of the Leased Property or (ii) constitutes a breach or violation of any of the Lease Documents. In the event that the Lessor reasonably determines that the results of such testing or inspections are unsatisfactory, within thirty (30) days of notice from the Lessor, the Lessee shall commence such appropriate remedial actions as may be reasonably requested by the Lessor to correct such unsatisfactory conditions and, thereafter, shall diligently and continuously prosecute such remedial actions to completion within the time limits prescribed in this Lease or the other Lease Documents.

Condition of the Leased Property. Tenant acknowledges receipt -------------------------------- and delivery of possession of the Leased Property prior to the Commencement Date and confirms that Xxxxxx Tenant has examined and or otherwise has knowledge of the condition of the Leased Property prior to the execution and delivery of this Master Lease and has found the same (except as included in the disclosures on Schedule 1A) to be in good order and repair and, to the best of Tenant’s knowledge, free from Hazardous Substances not in compliance with Legal Requirements and satisfactory for its purposes hereunderLease. Regardless, however, of any examination or inspection made by Tenant of the Leased Property and whether or not any patent or latent defect or condition was revealed or discovered thereby, Tenant is leasing the Leased Property “"as is” " in its present condition and Tenant shall be solely responsible for all costs and expenses relating thereto, including, but not limited to, Xxxxxx’s the obligation, to repair any condition in existence on the Effective Datecondition. Tenant waives and releases any claim or action against Landlord in respect of the condition of the Leased Property including any defects or adverse conditions not discovered latent or otherwise patent, matured or unmatured, known or unknown by Tenant or Landlord as of the Commencement Datedate hereof. TENANT ACKNOWLEDGES THAT LANDLORD MAKES NO (WHETHER ACTING AS LANDLORD HEREUNDER OR IN ANY OTHER CAPACITY) HAS NOT MADE AND WILL NOT MAKE, NOR SHALL LANDLORD BE DEEMED TO HAVE MADE, ANY WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, IN WITH RESPECT OF TO THE LEASED PROPERTY PROPERTY, INCLUDING ANY WARRANTY OR ANY PART THEREOF, EITHER REPRESENTATION AS TO (i) ITS FITNESS FOR USEFITNESS, DESIGN OR CONDITION FOR ANY PARTICULAR USE OR PURPOSE OR OTHERWISEPURPOSE, OR AS TO (ii) THE NATURE OR QUALITY OF THE MATERIAL OR WORKMANSHIP THEREIN, (iii) THE EXISTENCE OF ANY DEFECT, LATENT OR PATENT, (iv) VALUE, (v) COMPLIANCE WITH SPECIFICATIONS, (vi) LOCATION, (vii) USE, (viii) CONDITION, (ix) MERCHANTABILITY, (xii) QUALITY, (xiii) DESCRIPTION, (xiv) DURABILITY, (xv) OPERATION, (xvi) THE EXISTENCE OF ANY HAZARDOUS SUBSTANCEMATERIAL, IT BEING AGREED (xvii) COMPLIANCE OF THE LEASED PROPERTY WITH ANY LAW (INCLUDING ENVIRONMENTAL LAWS) OR LEGAL REQUIREMENTS OR (xviii) LANDLORD'S TITLE THERETO. TENANT ACKNOWLEDGES THAT ALL ACTIVE/119768607.18 SUCH RISKSTHE LEASED PROPERTY HAS BEEN INSPECTED BY TENANT AND IS SATISFACTORY TO IT. IN THE EVENT OF ANY DEFECT OR DEFICIENCY IN THE LEASED PROPERTY OF ANY NATURE, WHETHER LATENT OR PATENT, AS BETWEEN LANDLORD AND TENANT, LANDLORD SHALL NOT 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 5.2 HAVE BEEN NEGOTIATED, AND ARE INTENDED TO BE BORNE SOLELY A COMPLETE ----------- EXCLUSION AND NEGATION OF ANY WARRANTIES BY TENANT INCLUDING ALL RESPONSIBILITY AND LIABILITY FOR LANDLORD, EXPRESS OR IMPLIED, WITH RESPECT TO THE LEASED PROPERTY. ARISING PURSUANT TO THE UNIFORM COMMERCIAL CODE OR ANY ENVIRONMENTAL REMEDIATION AND COMPLIANCE WITH ALL ENVIRONMENTAL LAWSOTHER LAW NOW OR HEREAFTER IN EFFECT OR ARISING OTHERWISE.

Condition of the Leased Property. Tenant Lessee acknowledges receipt and delivery of possession of the Leased Property prior to the Commencement Date and confirms that Xxxxxx Lessee has examined and otherwise has acquired knowledge of the condition of the Leased Property prior to the execution and delivery of this Master Lease and has found the same (except as included in the disclosures on Schedule 1A) to be in good order and repair and, to the best of Tenant’s knowledge, free from Hazardous Substances not in compliance with Legal Requirements and satisfactory for its purposes purpose hereunder. Regardless, however, of any examination or inspection made by Tenant and whether or not any patent or latent defect or condition was revealed or discovered thereby, Tenant Lessee is leasing the Leased Property “as is” and “where is” in its present condition condition. Lessee has not relied on any . representation or warranty by Lessor and Tenant shall be solely responsible for all costs and expenses relating thereto, including, but not limited to, Xxxxxx’s the obligation, to repair any condition in existence on the Effective Date. Tenant hereby waives any claim or action against Landlord Lessor in respect of the condition of the Leased Property including any defects or adverse conditions not discovered or otherwise known by Tenant as of the Commencement DateProperty. LANDLORD LESSOR MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, IN RESPECT OF THE LEASED PROPERTY OR ANY PART THEREOF, EITHER AS TO ITS FITNESS FOR USE, SUITABILITY, DESIGN OR CONDITION FOR ANY PARTICULAR USE OR PURPOSE OR OTHERWISE, OR AS TO THE NATURE OR QUALITY OF THE MATERIAL OR WORKMANSHIP THEREIN, LATENT OR THE EXISTENCE OF ANY HAZARDOUS SUBSTANCEPATENT, IT BEING AGREED THAT ALL ACTIVE/119768607.18 SUCH RISKS, LATENT OR PATENT, RISKS ARE TO BE BORNE SOLELY BY TENANT LESSEE. LESSEE ACKNOWLEDGES THAT THE LEASED PROPERTY HAS BEEN INSPECTED BY LESSEE AND IS SATISFACTORY TO IT. ACCORDINGLY, LESSEE HEREBY ACKNOWLEDGES THAT LESSOR HAS NOT MADE AND WILL NOT MAKE, NOR SHALL LESSOR BE DEEMED TO HAVE MADE ANY WARRANTY OR REPRESENTATION, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ALL RESPONSIBILITY WARRANTIES THAT THE LEASED PROPERTY IS FREE FROM VICES, DEFECTS AND LIABILITY DEFICIENCIES, WHETHER HIDDEN OR APPARENT OR ANY WARRANTY AS TO THE FITNESS, DESIGN OR CONDITION OF THE LEASED PROPERTY FOR ANY ENVIRONMENTAL REMEDIATION PARTICULAR USE OR PURPOSE OF SUCH LEASED PROPERTY. THE PROVISIONS OF THIS SECTION 7.1 HAVE BEEN NEGOTIATED, AND COMPLIANCE ARE INTENDED TO BE A COMPLETE EXCLUSION AND NEGATION OF ANY WARRANTIES BY LESSOR, EXPRESS, IMPLIED OR CREATED BY APPLICABLE LAW, WITH ALL ENVIRONMENTAL LAWSRESPECT TO THE CONDITION OF THE LEASED PROPERTY.

Condition of the Leased Property. Tenant Lessee acknowledges receipt and delivery of possession of the Leased Property prior to the Commencement Date and confirms that Xxxxxx Lessee has examined and otherwise has knowledge of the condition of the Leased Property prior to the execution and delivery of this Master Lease and has found the same (except as included in the disclosures on Schedule 1A) to be in good order and repair and, to the best of Tenant’s knowledge, free from Hazardous Substances not in compliance with Legal Requirements and satisfactory for its purposes hereunderLease. Regardless, however, of any examination or inspection made by Tenant Lessee and whether or not any patent or latent defect or condition was revealed or discovered thereby, Tenant Lessee is leasing the Leased Property “as isAS IS” in its present condition as of the Existing Lease Commencement Date and Tenant shall be solely responsible for all costs and expenses relating thereto, including, but not limited to, Xxxxxx’s as of the obligation, to repair any condition in existence on the Effective Commencement Date. Tenant Lessee waives any claim or action against Landlord Lessor in respect of the condition of the Leased Property including any defects or adverse conditions not discovered or otherwise known by Tenant Lessee as of the Existing Lease Commencement Date or the Commencement Date. LANDLORD EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, LESSOR MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, IN RESPECT OF THE LEASED PROPERTY OR ANY PART THEREOF, EITHER AS TO ITS TITLE, FITNESS FOR USE, DESIGN OR CONDITION FOR ANY PARTICULAR USE OR PURPOSE OR OTHERWISE, OR AS TO THE NATURE OR QUALITY OF THE MATERIAL OR WORKMANSHIP THEREIN, OR THE EXISTENCE OF ANY HAZARDOUS SUBSTANCE, MOLD OR MOLD CONDITION, IT BEING AGREED THAT ALL ACTIVE/119768607.18 SUCH RISKS, LATENT OR PATENT, ARE TO BE BORNE SOLELY BY TENANT LESSEE INCLUDING ALL RESPONSIBILITY AND LIABILITY FOR ANY (I) ENVIRONMENTAL REMEDIATION AND COMPLIANCE WITH ALL ENVIRONMENTAL LAWSLAWS AND (II) MOLD REMEDIATION AND COMPLIANCE WITH ALL MOLD REMEDIATION REQUIREMENTS.

Condition of the Leased Property. Tenant acknowledges receipt and delivery of possession of the Leased Property prior to the Commencement Date and confirms that Xxxxxx has examined and otherwise has knowledge of the condition of the Leased Property prior to the execution and delivery of this Master Lease and has found the same (except as included in the disclosures on Schedule 1A) to be in good order and repair and, to the best of Tenant’s knowledge, free from Hazardous Substances not in compliance with Legal Requirements and satisfactory for its purposes hereunder, it being understood and acknowledged by Xxxxxx that, immediately prior to the applicable Landlord’s acquisition of the applicable Leased Property and contemporaneous entry into this Lease, Tenant (or its Affiliates) was the owner of all of the applicable Landlord’s interest in and to the applicable Leased Property and, accordingly, Tenant is charged with, and deemed to have, full and complete knowledge of all aspects of the condition and state of the Leased Property as of the Commencement Date. Regardless, however, of any examination or inspection made by Tenant and whether or not any patent or latent defect or condition was revealed or discovered thereby, Tenant is leasing the Leased Property “as is” in its present condition and Tenant shall be solely responsible for all costs and expenses relating thereto, including, but not limited to, Xxxxxx’s the obligation, to repair any condition in existence on the Effective Datecondition. Tenant waives any claim or action against Landlord in respect of the condition of the Leased Property including any defects or adverse conditions not discovered or otherwise known by Tenant as of the Commencement Date. LANDLORD MAKES NO WARRANTY OR REPRESENTATIONREPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, IN RESPECT OF THE LEASED PROPERTY OR ANY PART THEREOF, EITHER INCLUDING AS TO ITS FITNESS FOR USE, DESIGN OR CONDITION FOR ANY PARTICULAR USE OR PURPOSE OR OTHERWISE, OR AS TO THE NATURE OR QUALITY OF THE MATERIAL OR WORKMANSHIP THEREIN, OR THE STATUS OF TITLE TO THE LEASED PROPERTY OR THE PHYSICAL CONDITION OR STATE OF REPAIR THEREOF, OR THE ZONING OR OTHER LAWS, ORDINANCES, BUILDING CODES, REGULATIONS, RULES AND ORDERS APPLICABLE THERETO OR TO ANY CAPITAL IMPROVEMENTS WHICH MAY BE NOW OR HEREAFTER CONTEMPLATED, THE IMPOSITIONS LEVIED IN RESPECT OF THE LEASED PROPERTY OR ANY PART THEREOF, OR THE USE THAT MAY BE MADE OF THE LEASED PROPERTY OR ANY PART THEREOF, THE INCOME TO BE DERIVED FROM THE FACILITIES OR THE EXPENSE OF OPERATING THE SAME, OR THE EXISTENCE OF ANY HAZARDOUS SUBSTANCE, IT BEING AGREED THAT ALL ACTIVE/119768607.18 SUCH RISKS, LATENT OR PATENT, ARE TO BE BORNE SOLELY BY TENANT INCLUDING ALL RESPONSIBILITY AND LIABILITY FOR ANY ENVIRONMENTAL REMEDIATION AND COMPLIANCE WITH ALL ENVIRONMENTAL LAWS.

Condition of the Leased Property. Tenant acknowledges (i) that immediately prior to the Effective Date it was in possession, pursuant to the Prior Lease, of all of the Leased Property, (ii) that immediately prior to the date the New Joliet Land is added to this Master Lease, it was in possession of the New Joliet Land pursuant to the Joliet Development Lease (as defined in the Development Agreement), (iii) receipt and delivery of possession of the Leased Property prior to the Commencement Date Property, and (iv) confirms that Xxxxxx Tenant has examined and otherwise has knowledge of the condition of the Leased Property prior to the execution and delivery of this Master Lease and has found the same (except as included in the disclosures on Schedule 1A) to be in good order and repair and, to the best of Tenant’s knowledge, free from Hazardous Substances not in compliance with Legal Requirements and satisfactory for its purposes hereunder. Regardless, however, of any examination or inspection made by Tenant and whether or not any patent or latent defect or condition was revealed or discovered thereby, Tenant is leasing the Leased Property “as is” in its present condition condition, and Tenant shall be solely responsible for all costs the repair and expenses relating thereto, including, but not limited to, Xxxxxx’s the obligation, to repair maintenance of any condition of the Leased Property in existence on the Effective DateDate unless otherwise expressly set forth in this Master Lease. Tenant waives any claim or action against Landlord in respect of the condition of the Leased Property including any defects or adverse conditions not discovered or otherwise known by Tenant as of the Commencement Date. LANDLORD MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, IN RESPECT OF THE LEASED PROPERTY OR ANY PART THEREOF, EITHER AS TO ITS FITNESS FOR USE, DESIGN OR CONDITION FOR ANY PARTICULAR USE OR ACTIVE/119970514.22 PURPOSE OR OTHERWISE, OR AS TO THE NATURE OR QUALITY OF THE MATERIAL OR WORKMANSHIP THEREIN, OR THE EXISTENCE OF ANY HAZARDOUS SUBSTANCE, IT BEING AGREED THAT ALL ACTIVE/119768607.18 SUCH RISKS, LATENT OR PATENT, ARE TO BE BORNE SOLELY BY TENANT INCLUDING ALL RESPONSIBILITY AND LIABILITY FOR ANY ENVIRONMENTAL REMEDIATION AND COMPLIANCE WITH ALL ENVIRONMENTAL LAWS.

Condition of the Leased Property. Tenant acknowledges receipt and delivery of possession of the Leased Property prior to the Commencement Date and confirms that Xxxxxx Tenant has examined and otherwise has knowledge of the condition of the Leased Property prior to and as of the execution and delivery of this Master Lease and has found the same (except as included in the disclosures on Schedule 1A) to be in good order and repair and, to the best of Tenant’s knowledge, free from Hazardous Substances not in compliance with Legal Requirements and satisfactory for its purposes hereunder, it being understood and acknowledged by Tenant that, immediately prior to entering (a) the Original Lease, Tenant (or its Affiliate) was the owner of the Original Leased Property, and (b) this Lease, Tenant (or its Affiliate) was the owner of the Convention Center and, accordingly, Tenant is charged with, and deemed to have, full and complete knowledge of all aspects of the condition and state of the Leased Property as of the Commencement Date (or, with respect to the Convention Center Facility, the date hereof). Regardless, however, Without limitation of the foregoing and regardless of any examination or inspection made by Tenant Tenant, and whether or not any patent or latent defect or condition was revealed or discovered thereby, Tenant is leasing the Leased Property “as is” in its present condition and Tenant shall be solely responsible for all costs and expenses relating theretocondition. Without limitation of the foregoing, including, but not limited to, Xxxxxx’s the obligation, to repair any condition in existence on the Effective Date. Tenant waives any claim or action against Landlord in respect of the condition of the Leased Property including any defects or adverse conditions not discovered or otherwise known by Tenant as of the Commencement DateDate (or, with respect to the Convention Center Facility, the date hereof). LANDLORD MAKES NO WARRANTY OR REPRESENTATIONREPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, IN RESPECT OF THE LEASED PROPERTY OR ANY PART THEREOF, EITHER INCLUDING AS TO ITS FITNESS FOR USE, DESIGN OR CONDITION FOR ANY PARTICULAR USE OR PURPOSE OR OTHERWISE, OR AS TO THE NATURE OR QUALITY OF THE MATERIAL OR WORKMANSHIP THEREIN, OR THE STATUS OF TITLE TO THE LEASED PROPERTY OR THE PHYSICAL CONDITION OR STATE OF REPAIR THEREOF, OR THE ZONING OR OTHER LAWS, ORDINANCES, BUILDING CODES, REGULATIONS, RULES AND ORDERS APPLICABLE THERETO OR TO ANY CAPITAL IMPROVEMENTS WHICH MAY BE NOW OR HEREAFTER CONTEMPLATED, THE IMPOSITIONS LEVIED IN RESPECT OF THE LEASED PROPERTY OR ANY PART THEREOF, OR THE USE THAT MAY BE MADE OF THE LEASED PROPERTY OR ANY PART THEREOF, THE INCOME TO BE DERIVED FROM THE FACILITY OR THE EXPENSE OF OPERATING THE SAME, OR THE EXISTENCE OF ANY HAZARDOUS SUBSTANCE, IT BEING AGREED THAT ALL ACTIVE/119768607.18 SUCH RISKS, LATENT OR PATENT, ARE TO BE BORNE SOLELY BY TENANT INCLUDING ALL RESPONSIBILITY AND LIABILITY FOR ANY ENVIRONMENTAL REMEDIATION AND COMPLIANCE WITH ALL ENVIRONMENTAL LAWS. This Section 7.1 shall not be construed to limit Landlord’s express indemnities made hereunder.