Acceptance “AS IS”. The Premises as furnished by Landlord will consist of the Base Building Work (as defined in Exhibit D) to be provided by Landlord pursuant to Exhibit D, and Landlord shall have no obligation for any other construction work or improvement on or to the Property. Prior to entering into this Lease, Tenant has made a thorough and independent examination of all matters related to Tenant’s decision to enter into this Lease. Except as expressly set forth in this Lease, Tenant does not rely on, and Landlord does not make, any express or implied representations or warranties as to any matters including, without limitation, (a) the physical condition of the Property, (b) the quality or adequacy of utilities serving the Property, (c) the size of the Premises, the Building or the Property (d) the use, habitability, merchantability, fitness or suitability of the Premises for the Permitted Use, (e) the likelihood of deriving business from Tenant’s location or the economic feasibility of Tenant’s business, (f) Hazardous Substances in the Premises, or on, in, under or around the Property, (g) zoning, entitlements or any Applicable Laws which may apply to Tenant’s use of the Premises or business operations, or the Property’s compliance with Applicable Laws, or (h) any other matter. Tenant has satisfied itself as to such suitability and other pertinent matters by Tenant’s own inquiries and tests into all matters relevant in determining whether to enter into this Lease. Upon Substantial Completion of the Base Building Work (as defined in Exhibit D), Tenant shall accept the physical condition of the Premises and the Building in their then-existing “as-is” condition subject to any punch-list items as provided in Exhibit D, and Landlord’s delivery, maintenance and restoration obligations set forth in this Lease. Further, it is understood that the acceptance of the Premises by Tenant in its then-existing “as-is” condition shall not limit Landlord’s obligation to complete any Base Building Work and to enforce all third-party warranties pertaining to the Base Building Work as provided in Exhibit D.
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Acceptance “AS IS”. The Premises as furnished by Landlord will consist of the Base Building Work (as defined in Exhibit D) to be provided by Landlord pursuant to Exhibit D, and Landlord shall have no obligation for any other construction work or improvement on or to the Property. Prior to entering into this Lease, Tenant has made a thorough and independent examination of all matters related to Tenant’s decision to enter into this Lease. Except as expressly set forth in this Lease, Tenant does not rely on, and Landlord does not make, any express or implied representations or warranties as to any matters including, without limitation, (a) the physical condition of the Property, (b) the quality or adequacy of utilities serving the Property, (c) the size of the Premises, the Building or the Property (d) the use, habitability, merchantability, fitness or suitability of the Premises for the Permitted Use, (e) the likelihood of deriving business from Tenant’s location or the economic feasibility of Tenant’s business, (f) Hazardous Substances in the Premises, or on, in, under or around the PropertyProperty (including those that may impact indoor air quality), (g) zoning, entitlements or any Applicable Laws which may apply to Tenant’s use of the Premises or business operations, or the Property’s compliance with Applicable Laws, or (h) any other matter. Tenant has satisfied itself as to such suitability and other pertinent matters by Tenant’s own inquiries and tests into all matters relevant in determining whether to enter into this Lease. Upon Substantial Completion of the Base Building Work (as defined in Exhibit D), Tenant shall acknowledge that the Premises is in good, condition and repair, and accept (or by occupying the Premises be deemed to have accepted) the physical condition of the Premises and the Building in their then-existing “as-is” condition condition, subject to any punch-list items as provided in Exhibit D, and Landlord’s delivery, maintenance and restoration obligations set forth in this Lease. Further, it is understood that the acceptance of the Premises by Tenant in its then-existing “as-is” condition shall not limit Landlord’s obligation to complete any Base Building Work and to enforce all third-party warranties pertaining to the Base Building Work as provided in Exhibit D.
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