Common use of Suitability of the Premises Clause in Contracts

Suitability of the Premises. NOTWITHSTANDING ANY OTHER PROVISION OF THIS LEASE, LESSEE HEREBY ACCEPTS THE PREMISES “AS IS, WHERE IS” IN ITS CONDITION EXISTING ON THE EFFECTIVE DATE, AND LESSOR DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PREMISES, INCLUDING ANY WARRANTY OF SUITABILITY FOR A PARTICULAR USE AND ANY OTHER WARRANTY PERTAINING TO THE USE OR CONDITION OF THE PREMISES WHATSOEVER; PROVIDED HOWEVER, NOTHING IN THIS SECTION 5.5 IS INTENDED TO, NOR SHALL IT, QUALIFY, NEGATE OR DIMINISH ANY REPRESENTATION OR WARRANTY GIVEN IN, OR THE PARTIES’ RESPECTIVE RIGHTS AND OBLIGATIONS UNDER, THE CONTRIBUTION AGREEMENT. LESSEE ACKNOWLEDGES THAT LESSOR HAS NOT MADE ANY REPRESENTATION OR WARRANTY AS TO THE SUITABILITY OF THE PREMISES FOR THE CONDUCT OF LESSEE’S BUSINESS, EXCEPT AS EXPRESSLY SET FORTH IN THE CONTRIBUTION AGREEMENT.