Common use of Suitability of Premises Clause in Contracts

Suitability of Premises. Tenant warrants to Landlord that it has, prior to the execution hereof, fully inspected the Leased Premises, the building (including common areas), the property and all items related thereto, and that it has made, performed, obtained and received all studies, inspections, reports, diagnoses and tests that Tenant desires relative to the Leased Premises the building (including common areas), the property and all items related thereto and Tenant's proposed business use of the Leased Premises. Tenant understands and agrees that it is accepting the Leased Premises the building (including common areas), the property and all items related thereto in its present "AS-IS", "WHERE-IS" condition, "WITH ALL FAULTS" and without any warranty or guarantee whatsoever. Tenant warrants that it used all due diligence in conducting all studies inspections, diagnoses and tests on the Leased Premises the building (including common areas), the property and all items related thereto that Tenant deemed necessary or appropriate. Tenant acknowledges that Landlord has not made and does not make, and Landlord hereby disclaims, any and all warranties, express or implied, which in any way relate to the Leased Premises the building (including common areas), the property and all items related thereto or the condition thereof, including without limitation any implied warranty of suitability or habitability. Tenant further understands that Landlord has relied upon Tenant's having made all inspections Tenant desired prior to leasing the Leased Premises from Landlord, and that but for such inspections by Tenant, Landlord would not have leased the Leased Premises to Tenant. Additionally, the parties agree that the obligation of Tenant to pay all rental and other sums hereunder provided to be paid by Tenant, and the obligation of Landlord to perform Landlord's other covenants and duties hereunder constitutes independent, separate and unconditional obligations to be performed at all times provided for hereunder, save and except only when an abatement thereof or reduction therein is expressly provided for herein and not otherwise. It is agreed that in the event Landlord commences any proceedings against Tenant for nonpayment of rental or any other sum due and payable by Tenant hereunder, Tenant shall not interpose any counterclaim or other claim against Landlord of whatever nature or description in any such proceedings; and in the event Tenant interposes any such counterclaim or other claim against Landlord in any such proceeding, Landlord and Tenant stipulate and agree that, in addition to any other lawful remedy of Landlord, upon motion of Landlord, such counterclaim or other claim asserted by Tenant shall be severed out of the proceedings instituted by Landlord and Landlord may proceed to final judgment separately and apart from and without consolidation with or reference to the status of such counterclaim or any other claim asserted by Tenant.

Suitability of Premises. Tenant warrants to Landlord The Lessee acknowledges that it has, prior (a) the Lessor has made no representations as to the execution hereofPremises or the suitability of the Premises for the purposes of the Lessee, fully inspected (b) the Leased Premises are suitable for the Lessee’s proposed use, (c) the Lessor has no obligation to perform or cause to be performed any maintenance, repairs, renovations, cleanups, painting, or the like of the existing facilities on the leased Development Phase which are leased in an as is condition, except to the extent of Lessor's responsibilities for environmental conditions under Article 8, (d) Lessee has made whatever site inspections it deems necessary so as to be apprised of the conditions of the premises, both above ground and below ground, and has made its own determination that the Premises are suitable for its intended use (e) Lessee has reviewed all documents applicable to the Premises and the adjacent areas of TMB, and (f) Lessee has otherwise satisfied itself that the conditions of the Premises, and utilities in their current state are satisfactory to the building Lessee. The Lessee’s obligation under this Agreement, such as in Article 7.01(B) (including common areasPermits and Licenses), to obtain all land use, construction, and operating permits and approvals required of the property Lessee at the Lessee’s sole cost and expense, shall not require the Lessor to take any action or perform any tasks within the Premises to enable the Lessee to obtain such permits and approvals, including, but not limited to, certificates of occupancy, which shall remain the Lessee’s exclusive obligation to take or perform in order to obtain such permits and approvals. The Lessee further acknowledges that, by executing this Lease, the Lessee at its own cost, risk, and expense must make the necessary investments and all items related theretoImprovements to the Premises, including all infrastructure improvements and utilities services necessary for Lessee's construction and use of the Premises, to make the Premises suitable for the Lessee’s use and to satisfy the County’s building, life, safety, fire and occupancy requirements, and that it has madethe Lessor shall have no obligation to Lessee to compensate or reimburse Lessee for such cost, performedrisk, obtained and received all studiesexpense, inspections, reports, diagnoses and tests that Tenant desires relative to the Leased Premises the building (including common areas), the property and all items related thereto and Tenant's proposed business use of the Leased Premises. Tenant understands and agrees that it is accepting the Leased Premises the building (including common areas), the property and all items related thereto in its present "AS-IS", "WHERE-IS" condition, "WITH ALL FAULTS" and without any warranty or guarantee whatsoever. Tenant warrants that it used all due diligence in conducting all studies inspections, diagnoses and tests on the Leased Premises the building (including common areas), the property and all items related thereto that Tenant deemed necessary or appropriate. Tenant acknowledges that Landlord has not made and does not makeinvestment, and Landlord hereby disclaims, any and all warranties, express or implied, which in any way relate to the Leased Premises the building (including common areas), the property and all items related thereto or the condition thereof, including without limitation any implied warranty of suitability or habitability. Tenant further understands that Landlord has relied upon Tenant's having made all inspections Tenant desired prior to leasing the Leased Premises from Landlord, and that but for such inspections by Tenant, Landlord would not have leased the Leased Premises to Tenant. Additionally, the parties agree that the obligation of Tenant to pay all rental and other sums hereunder provided to be paid by Tenant, and the obligation of Landlord to perform Landlord's other covenants and duties hereunder constitutes independent, separate and unconditional obligations to be performed at all times provided for hereunder, save and except only when an abatement thereof or reduction therein is expressly provided for herein and not otherwise. It is agreed that in the event Landlord commences any proceedings against Tenant for nonpayment of rental or any other sum due and payable by Tenant hereunder, Tenant shall not interpose any counterclaim or other claim against Landlord of whatever nature or description in any such proceedings; and in the event Tenant interposes any such counterclaim or other claim against Landlord in any such proceeding, Landlord and Tenant stipulate and agree that, in addition to any other lawful remedy of Landlord, upon motion of Landlord, such counterclaim or other claim asserted by Tenant shall be severed out of the proceedings instituted by Landlord and Landlord may proceed to final judgment separately and apart from and without consolidation with or reference to the status of such counterclaim or any other claim asserted by Tenantimprovements.

Suitability of Premises. Tenant warrants to Landlord that it has, prior to the execution hereof, fully full inspected the Leased Premises, the building (including common areas), the property and all items related thereto, and that it has made, performed, obtained and received all studies, inspections, reports, diagnoses and tests that Tenant desires relative to the Leased Premises the building (including common areas), the property and all items related thereto and Tenant's proposed business use of the Leased Premises. Tenant understands and agrees that it is accepting the Leased Premises the building (including common areas), the property and all items related thereto in its present "AS-AS- IS", "WHERE-IS" condition, "WITH ALL FAULTS" and without any warranty or guarantee whatsoever. Tenant warrants that it used all due diligence in conducting all studies inspections, diagnoses and tests on the Leased Premises the building (including common areas), the property and all items related thereto that Tenant deemed necessary or appropriate. Tenant acknowledges that Landlord has not made and does not make, and Landlord hereby disclaims, any and all warranties, express or implied, which in any way relate to the Leased Premises the building (including common areas), the property and all items related thereto or the condition thereof, including without limitation any implied warranty of suitability or habitability. Tenant further understands that Landlord has relied upon Tenant's having made all inspections Tenant desired prior to leasing the Leased Premises from Landlord, and that but for such inspections by Tenant, Landlord would not have leased the Leased Premises to Tenant. Additionally, the parties agree that the obligation of Tenant to pay all rental and other sums hereunder provided to be paid by Tenant, and the obligation of Landlord to perform Landlord's other covenants and duties hereunder constitutes independent, separate and unconditional obligations to be performed at all times provided for hereunder, save and except only when an abatement thereof or reduction therein is expressly provided for herein and not otherwise. It is agreed that in the event Landlord commences any proceedings against Tenant for nonpayment of rental or any other sum due and payable by Tenant hereunder, Tenant shall not interpose any counterclaim or other claim against Landlord of whatever nature or description in any such proceedings; and in the event Tenant interposes any such counterclaim or other claim against Landlord in any such proceeding, Landlord and Tenant stipulate and agree that, in addition to any other lawful remedy of Landlord, upon motion of Landlord, such counterclaim or other claim asserted by Tenant shall be severed out of the proceedings instituted by Landlord and Landlord may proceed to final judgment separately and apart from and without consolidation with or reference to the status of such counterclaim or any other claim asserted by Tenant.