at Tenant's sole expense, demonstrate to
Landlord (through such tests, professional inspections, sampling or otherwise as
is, in Landlord's sole judgment, sufficient for the purpose) that Tenant has not
caused or permitted any such release of hazardous substances. In addition to the
foregoing, Tenant shall at all times be in full compliance with all applicable
codes, regulations, ordinances and statutes, whether local, state or federal,
including applicable environmental laws, such as, for example, the Emergency
Planning and Community Right to Know Act of 1986, or Title III, and any
amendments thereto. The provisions of this paragraph shall survive the
expiration or termination of this Lease.
INITIAL HERE
TENANT
INITIAL HERE
LANDLORD
Argyle 2006
26
27.
"AS IS" NATURE OF PREMISES.
27.1
EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED HEREIN, TENANT HEREBY AGREES AND
ACKNOWLEDGES THAT IT IS LEASING THE PREMISES IN ITS EXISTING CONDITION, "AS IS,
WHERE IS, AND WITH ALL FAULTS WITH RESPECT TO ANY FACTS, CIRCUMSTANCES,
CONDITIONS AND DEFECTS. LANDLORD HAS NO OBLIGATION TO REPAIR OR CORRECT ANY SUCH
FACTS, CIRCUMSTANCES, CONDITIONS OR DEFECTS IN THE CONDITION OF THE PREMISES,
NOR DOES LANDLORD HAVE ANY OBLIGATION TO COMPENSATE TENANT FOR SAME. NO PROMISE
OF LANDLORD TO ALTER, REMODEL, REPAIR OR IMPROVE THE PREMISES OR THE BUILDING
AND LAND AND NO REPRESENTATION RESPECTING THE CONDITION OF THE PREMISES OR THE
BUILDING AND LAND HAVE BEEN MADE BY LANDLORD TO TENANT. TENANT EXPRESSLY
ACKNOWLEDGES THAT, EXCEPT AS OTHERWISE SPECIFIED HEREIN, LANDLORD HAS MADE NO
WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW,
INCLUDING, BUT OT LIMITED TO, ANY WARRANTY OF CONDITION, TITLE, HABITABILITY,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE
PREMISES, ALL SUCH REPRESENTATIONS AND WARRANTIES, AS WELL AS ANY IMPLIED
WARRANTIES BEING HEREBY EXPRESSLY DISCLAIMED.
27.2
TENANT HEREBY AGREES AND ACKNOWLEDGES THAT, EXCEPT AS OTHERWISE
SPECIFICALLY STATED IN THIS LEASE, LANDLORD HEREBY SPECIFICALLY DISCLAIMS ANY
WARRANTY, GUARANTY OR REPRESENTATION, ORAL OR WRITTEN, PAST, PRESENT OR FUTURE,
OR, AS TO, OR CONCERNING THE NATURE AND CONDITION OF THE PREMISES, INCLUDING,
WITHOUT LIMITATION, THE WATER, SOIL AND GEOLOGY, THE SUITABILITY THEREOF AND OF
THE PREMISES OR OTHER ITEMS CONVEYED HEREUNDER FOR ANY AND ALL ACTIVITIES AND
USES WHICH TENANT MAY ELECT TO CONDUCT THEREON, THE EXISTENCE OF ANY
ENVIRONMENTAL HAZARDS OR CONDITIONS THEREON (INCLUDING BUT NOT LIMITED TO THE
PRESENCE OF ASBESTOS OR OTHER HAZARDOUS MATERIALS) OR COMPLIANCE WITH APPLICABLE
ENVIRONMENTAL LAWS, RULES OR REGULATIONS.
28.
MISCELLANEOUS
28.1
Captions. The captions of the paragraphs contained in this Lease are for
convenience only and shall not be deemed to be relevant in resolving any
questions of interpretation or construction of any paragraph of this Lease.
28.2
Waiver. No covenant, term, condition or breach thereof shall be deemed
waived, except by written consent of the party against whom the waiver is
claimed, and any waiver or the breach of any covenant, term or condition shall
not be deemed to be a waiver of any preceding or succeeding breach of the same
or any other covenant, term