Completion and Acceptance. Tenant acknowledges that it will examine the Premises before taking possession hereunder. Unless Tenant furnishes Landlord with a notice in writing specifying any defect in the delivery of the Premises in the Required Condition within fifteen (15) days after the Actual Delivery Date, it shall be conclusively deemed, and Tenant hereby acknowledges, that the Premises were delivered in the Required Condition and in good working order and satisfactory condition and otherwise in an “AS-IS, WHERE IS” condition. Tenant expressly acknowledges and agrees that Landlord has not made and is not making, and Tenant, In executing and delivering this Lease, is not relying upon, any warranties, representations, promises or statements, except to the extent that the same are expressly set forth in this Lease. Landlord and Tenant expressly agree that there are and shall be no implied warranties of merchantability, habitability, suitability, fitness for a particular purpose or of any other kind arising out of this Lease, all of which are hereby waived by Tenant, and that there are no warranties which extend beyond those expressly set forth in this Lease.
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Sources: Industrial Space Lease (XBiotech Inc.), Industrial Space Lease (XBiotech Inc.)