Lease of Premises; Title and Condition Clause Samples

Lease of Premises; Title and Condition. 1 SECTION 1.02 USE.............................................1 SECTION 1.03 TERM............................................1 SECTION 1.04

Lease of Premises; Title and Condition. (a) In consideration of the rents and covenants herein stipulated to be paid and performed by Tenant and upon the terms and conditions herein specified, Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the premises (the "Premises") consisting of (i) the land (the "Land") described in Schedule A, (ii) all buildings and other improvements (including the attachments and other affixed property), now or hereafter located on the Land (the "Improvements"), and (iii) the respective easements, rights and appurtenances relating to the Land and the Improvements. The interests of Landlord in the Premises is herein called "Landlord's Estate". The Premises are leased to Tenant in their present condition without representation or warranty by Landlord and subject to the rights of parties in possession, to the existing state of title and to all applicable legal requirements now or hereafter in effect. Tenant has examined the Premises and title thereto, and has found all of the same satisfactory for all purposes. (b) LANDLORD HAS NOT MADE AN INSPECTION OF THE PREMISES OR OF ANY PROPERTY OR FIXTURE OR OTHER ITEM CONSTITUTING A PORTION THEREOF, AND TENANT EXPRESSLY AGREES TO LEASE THE PREMISES AND EACH PART THEREOF "AS IS" AND "WHERE IS". LANDLORD SHALL NOT BE DEEMED TO HAVE MADE, AND LANDLORD HEREBY DISCLAIMS, ANY WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED OR OTHERWISE, WITH RESPECT TO THE SAME OR THE LOCATION, USE, DESCRIPTION, DESIGN, MERCHANTABILITY, FITNESS FOR USE FOR ANY PARTICULAR PURPOSES, CONDITION OR DURABILITY THEREOF, OR AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP THEREIN, OR AS TO LANDLORD'S TITLE THERETO OR OWNERSHIP THEREOF OR OTHERWISE, IT BEING AGREED THAT ALL RISKS INCIDENT THERETO ARE TO BE BORNE BY TENANT. IN THE EVENT OF ANY DEFECT OR DEFICIENCY OF ANY NATURE IN THE PREMISES OR ANY PROPERTY OR FIXTURE OR OTHER ITEM CONSTITUTING A PORTION THEREOF, WHETHER PATENT OR LATENT, LANDLORD SHALL HAVE NO RESPONSIBILITY OR LIABILITY WITH RESPECT THERETO. THE PROVISIONS OF THIS SECTION 1(b) HAVE BEEN NEGOTIATED AND ARE INTENDED TO BE A COMPLETE EXCLUSION AND NEGATION OF ANY WARRANTIES BY LANDLORD, EXPRESS OR IMPLIED, WITH RESPECT TO THE PREMISES OR ANY PROPERTY OR FIXTURE OR OTHER ITEM CONSTITUTING A PORTION THEREOF, WHETHER ARISING PURSUANT TO THE UNIFORM COMMERCIAL CODE OR ANOTHER LAW NOW OR HEREAFTER IN EFFECT OR OTHERWISE.

Lease of Premises; Title and Condition. For good and valuable consideration and upon the terms and conditions herein specified, Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the land and any improvements located ▇▇▇▇▇▇ County, Texas as depicted on Exhibit “A” attached to this lease (the “Premises”). Except as may otherwise be expressly provided herein: (a) TENANT ACKNOWLEDGES THAT IT IS LEASING THE PREMISES IN ITS PRESENT CONDITION WITHOUT ANY REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, BY LANDLORD, AND SUBJECT TO ALL APPLICABLE LEGAL REQUIREMENTS NOW OR HEREAFTER IN EFFECT; (b) TENANT ACCEPTS THE PREMISES IN ITS PRESENT “AS IS” AND “WHERE IS” CONDITION AND LANDLORD DOES NOT BY THE EXECUTION OF THIS LEASE OR OTHERWISE MAKE ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND OR ANY NATURE WHATSOEVER, WITH RESPECT TO THE PREMISES HEREBY DEMISED, AND ALL SUCH REPRESENTATIONS AND WARRANTIES ARE HEREBY DISCLAIMED. IN EXPANSION OF, AND NOT IN LIMITATION OF THE FOREGOING, TENANT ACKNOWLEDGES THAT ANY SQUARE FOOTAGE OF THE PREMISES DEPICTED IN EXHIBIT “A” IS AN ESTIMATE AND TENANT’S OBLIGATION TO PAY RENT OR OTHER AMOUNTS UNDER THIS LEASE WILL NOT IN ANY WAY BE IMPACTED OR MODIFIED IF THE ACTUAL SQUARE FOOTAGE OF THE PREMISES IS LESS THAN DEPICTED; AND (c) LANDLORD MAKES NO EXPRESS OR IMPLIED WARRANTY OF HABITABILITY OR FITNESS OF THE PREMISES OR IMPROVEMENTS FOR ANY PURPOSE, OR AS TO THE MERCHANTABILITY, TITLE, VALUE, QUALITY, CONDITION OR SALABILITY OF THE PREMISES OR THE IMPROVEMENTS.

Lease of Premises; Title and Condition. In consideration of the rents and covenants herein stipulated to be paid and performed by Lessee and upon the terms and conditions herein specified, Lessor hereby leases to Lessee, and Lessee hereby lets from Lessor, the premises (the "Premises") consisting of (i) the Lessor's interest in the land described in Schedule A (the "Land") pursuant to the ground lease executed contemporaneously herewith (the "Ground Lease"), together with all of Lessor's other interests under the Ground Lease, (ii) all buildings and other improvements and equipment, fixtures and items of personal property attached to or used in the operation or maintenance of the improvements now or hereafter located on the Land and owned by Lessor, specifically including, but not limited to, those items described in Schedule C (the "Improvements"), and (iii) all easements, rights and appurtenances relating to the Premises. The Premises are leased to Lessee in their present condition without representation or warranty by Lessor and subject to the rights of parties in possession, to the existing state of title, to any state of facts which an accurate survey or physical inspection thereof might show, to all zoning regulations, restrictions, rules and ordinances, building restrictions and other laws and regulations now in effect or hereafter adopted by any governmental authority having jurisdiction over the Premises, and to all the terms and conditions of, and to the continuance of, the Ground Lease. Lessee has examined the Premises and title thereto and has found the same satisfactory. Lessor and Lessee acknowledge that the Improvements on the Premises have been designed and are being constructed in accordance with plans approved by Lessee, and that construction of the Improvements is being supervised by Lessee. Solely as between Lessor and Lessee, the taking of possession of the Premises by Lessee shall be conclusive evidence that the Premises are in good condition and that Lessee has accepted the Premises "as is." Lessor makes no warranties or representations, express or implied, as to the design, construction, condition, merchantability or quality of the Improvements or the materials, equipment, fixtures, appliances or workmanship in the Improvements, nor as to the fitness of the Improvements, materials, equipment, fixtures or appliances for any particular purpose, whether known or unknown to Lessor.

Lease of Premises; Title and Condition. In consideration of the rents and covenants herein stipulated to be paid and performed by Lessee and upon the terms and conditions herein specified, Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, the premises (the "Premises") consisting of: (a) that parcel of land more particularly described in Schedule A attached hereto and made a part hereof (the "Land") having an address at 2701 Media Center Drive, Los Angeles, California; (▇) ▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, facilities, installations and other improvements of every kind and description now or hereafter in, on, over and under the Land (collectively, the "Improvements"); (c) any movable or not permanently affixed fixtures, machinery, equipment, furnishings, moveable walls or partitions, or other personal property used or procured for use in connection with the operation, maintenance and protection of the Premises, which are located on or in the Improvements on the Commencement Date (as defined in Section 1.03), including (without limitation) plumbing, gas, electrical, heating, ventilating, lighting and air conditioning systems, facilities used to provide any utility services, parking and common area facilities, refrigeration, garbage disposal, and all landscaping, paving and parking areas, but except items, if any, included within the category of Lessee's Equipment (collectively referred to herein as "Lessor's Equipment"). "Lessee's Equipment" shall mean all machinery, equipment, furniture, furnishings and other personal property (i) installed by Lessee or its permitted sublessees or permitted occupants in, on or about the Premises and (ii) not used or procured for use in connection with the operation, maintenance and protection of the Premises, as such, but used or procured for use directly in connection with the business conducted thereon;

Lease of Premises; Title and Condition. In consideration of the rents and covenants herein stipulated to be paid and performed by Lessee and upon the terms and conditions herein specified, Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, the premises (the Premises) consisting of (i) the land (the Land) described in Schedule A, (ii) all buildings and other improvements (including, but without limitation, the attachments and other affixed property but excluding Lessee’s Trade Systems as defined in paragraph 10(a)) now or hereafter located on the Land or on any parcels subject to easements in favor of Lessor (the Improvements) and (iii) the respective easements, rights and appurtenances relating to the Land and the Improvements, including without limitation, all rights under the agreements (Agreements) described in Part II of Schedule A hereto. Lessor’s interest in the Premises is created by a certain Master Lease, dated as of December 1, 1983, as

Lease of Premises; Title and Condition. (a) In consideration of the rents and covenants herein stipulated to be paid and performed by Lessee and upon the terms and conditions herein specified, Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, the premises (the "Premises") consisting of (i) the parcel of land described in SCHEDULE A annexed hereto and made a part hereof (such parcel hereinafter referred to the "Land"), and (ii) the easements, rights and appurtenances relating to the Land, including, without limitation, the agreements, if any, set forth in SCHEDULE B, annexed hereto and made a part hereof. The Premises are leased to Lessee in their present condition without representation or warranty by Lessor of any kind and subject to all applicable Legal Requirements (as hereinafter defined) now or hereafter in effect and to the existing state of title, including, without limitation, the title matters listed in SCHEDULE C, attached hereto and made a part hereof (the "Permitted Exceptions"

Lease of Premises; Title and Condition. In consideration of rents and -------------------------------------- covenants herein stipulated to be paid and performed-by the Partnership and upon the terms and conditions herein specified, PFM hereby subleases to the Partnership, and the Partnership hereby subleases from PFM, the Leased Land and Leased Improvements and PFM leases to the Partnership, and the Partnership hereby leases from PFM, the New Land and New Improvements, such subleased and leased properties constituting the Premises, together with in both cases all easements, rights and appurtenances relating thereto. Except as set forth in paragraph 9A the Premises are subleased and leased to the Partnership in their present condition without representation or warranty by PFM and subject to the existing state of title, and to all applicable legal requirements now or hereafter in effect. The Partnership has examined the Premises and title thereto and has found the same satisfactory. It is hereby agreed that the Manufacturing Machinery is not subject to this Sublease and shall at all times remain the property of the Partnership.

Lease of Premises; Title and Condition