Common use of Acceptance of the Leased Premises Clause in Contracts

Acceptance of the Leased Premises. Taking possession of the Leased Premises by Tenant shall be conclusive evidence that: (a) the Leasehold Improvements are substantially complete except for "punch list" items (if any) or, if no Leasehold Improvements are being provided, that the Leased Premises are accepted "AS IS" and "WITH ALL FAULTS"; (b) Tenant accepts the Project as suitable for the purposes for which the Leased Premises are leased; (c) Tenant accepts the Project as being in a good and satisfactory condition; and (d) Tenant waives any defects (including latent defects) in the Leased Premises, Building and Project. Tenant acknowledges that no representations or warranties regarding the condition of the Project or any portion thereof have been made by Landlord except as may be specifically set forth herein. LANDLORD EXPRESSLY DISCLAIMS, AND TENANT HEREBY WAIVES TO THE FULL EXTENT PERMITTED BY LAW, ANY IMPLIED WARRANTY THAT THE PREMISES ARE SUITABLE FOR TENANT'S INTENDED COMMERCIAL PURPOSE, AND ANY AND ALL OTHER IMPLIED WARRANTIES (WHETHER ARISING BY VIRTUE OF STATUTE, CASE LAW OR OTHERWISE) AND TENANT'S OBLIGATION TO PAY RENT HEREUNDER IS NOT DEPENDENT UPON THE CONDITION OF THE PREMISES OR THE PERFORMANCE BY LANDLORD OF ITS OBLIGATIONS HEREUNDER, AND, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, TENANT SHALL CONTINUE TO PAY THE RENT, WITHOUT ABATEMENT, SETOFF, DEDUCTION, NOTWITHSTANDING ANY BREACH BY LANDLORD OF ITS DUTIES OR OBLIGATIONS HEREUNDER, WHETHER EXPRESS OR IMPLIED. The forgoing shall not be construed to relieve Landlord from its obligations which are expressly set forth in this Lease.

Acceptance of the Leased Premises. Taking By Tenant’s taking possession of the Leased Premises by Premises, Tenant shall be conclusive evidence that: acknowledges that (a) the Leasehold Improvements are substantially complete except for "punch list" items (if any) or, if no Leasehold Improvements are being provided, that it has inspected the Leased Premises are accepted "AS IS" and "WITH ALL FAULTS"; (b) Tenant accepts the Project Leased Premises as suitable for the purposes for which same are leased, (b) it accepts the Leased Premises are leased; (c) Tenant accepts the Project and all related improvements and appurtenances and each and every part thereof as being in a good and satisfactory condition; , subject to any punch list items with respect to Landlord’s work, any latent defects, and Landlord’s maintenance and repair obligations hereunder, (c) as between Landlord and Tenant, Landlord maintains all responsibility for any latent defects in the Leased Premises and appurtenances and in all other parts of the Property and all related improvements and appurtenances, (d) Tenant waives any defects (including latent defects) in the Leased Premises, Building and Project. Tenant acknowledges that no representations or warranties regarding warranties, express or implied, as to the condition or repair of the Project Leased Premises or any portion thereof the habitability, fitness or suitability of the Leased Premises for Tenant’s intended use nor promises to alter, remodel or improve the Leased Premises have been made by Landlord (except as may be specifically set forth herein. LANDLORD EXPRESSLY DISCLAIMS, AND TENANT HEREBY WAIVES TO THE FULL EXTENT PERMITTED BY LAW, ANY IMPLIED WARRANTY THAT THE PREMISES ARE SUITABLE FOR TENANT'S INTENDED COMMERCIAL PURPOSE, AND ANY AND ALL OTHER IMPLIED WARRANTIES (WHETHER ARISING BY VIRTUE OF STATUTE, CASE LAW OR OTHERWISE) AND TENANT'S OBLIGATION TO PAY RENT HEREUNDER IS NOT DEPENDENT UPON THE CONDITION OF THE PREMISES OR THE PERFORMANCE BY LANDLORD OF ITS OBLIGATIONS HEREUNDER, AND, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, TENANT SHALL CONTINUE TO PAY THE RENT, WITHOUT ABATEMENT, SETOFF, DEDUCTION, NOTWITHSTANDING ANY BREACH BY LANDLORD OF ITS DUTIES OR OBLIGATIONS HEREUNDER, WHETHER EXPRESS OR IMPLIED. The forgoing shall not be construed to relieve Landlord from its obligations which are expressly set forth in this Lease or as is imposed by law), and (e) the Leased Premises are subject to all laws, ordinances and governmental regulations and orders and all matters affecting title to the Property; provided that Landlord represents and warrants that it has good and indefeasible title to the Property, and authority to grant this Lease. Tenant shall be responsible for obtaining and maintaining all security with respect to the interior of the Leased Premises, whether by the use of devices, security guard personnel or otherwise. Tenant acknowledges and agrees that Landlord shall have no liability to Tenant or its employees, agents, contractors or invitees for the implementation or exercise of, or for the failure to implement or exercise, any security measures with respect to the interior of the Leased Premises, the Building or the Property. Landlord represents and warrants to the best of its actual knowledge and belief that the structural elements, foundation, exterior walls, exterior doors and windows, elevators (excluding those installed by Tenant), stairways (excluding those installed by Tenant), roof, and systems of the Building (excluding the systems installed in the Leased Premises by Tenant) are free of any latent or patent defects; that the Building complies in all material respects with applicable codes, statutes and regulations; that Tenant’s Permitted Use will not conflict with any applicable easements, covenants or restrictions; and that the Building is zoned LI — Light Industrial.