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requires any repair, modification, upgrade or replacement to permit the Premises to be occupied
<br />by Lessee or operated as a Shelter, or within any time during the first 12 months after the opening
<br />of the Shelter, Lessee shall make such repair, modification, upgrade or replacement and Lessor
<br />shall have no responsibility or liability with respect thereto; provided that if after the 121h month
<br />after Lessee's opening of the Shelter, and for business in the Premises, the roof or HVAC system
<br />needs replacement (being that the cost to repair exceeds 50% of replacement), or there is required
<br />any structural repair to the Premises, during the Term of this Lease (as the same may be extended
<br />by any Extension Option), through no fault of Lessee, and the cost of such replacement or
<br />structural repair is not covered by insurance required to be maintained by Lessee hereunder, then
<br />in such event Lessor shall replace the roof or HVAC system, or make such structural repair, at
<br />Lessor's initial cost, but Lessee shall be obligated to pay each month during the remainder of the
<br />term of this Lease (as the same may be extended by any Extension Option), on the date on which
<br />Base Rent is due, an amount, in addition to the then Base Rent, equal to 1/144th of the cost of
<br />such replacement or structural repair. If the Purchase Option is exercised at any time within 6
<br />years after Lessor has incurred the cost of repair or replacement of the roof or HVAC system or
<br />structural repair as detailed above, the remaining amount due to cover the total replacements
<br />costs, after subtracting the total amount of monthly 1/144"' payments already made by Lessee, up
<br />to a maximum of three -hundred thousand dollars ($300,000.00), shall be added to the Purchase
<br />Price as set forth in Section 69.1 below. Any such replacement roof and HVAC system required
<br />hereunder shall be chosen by, and installed in such a manner, as determined by, Lessor in
<br />Lessor's reasonable judgement in good faith. Nothing in this Section 55 shall be deemed or
<br />construed as modifying or amending Lessee's obligations for the regular and timely maintenance
<br />and repair of the Premises, roof and HVAC system.
<br />56. Neighborhood Conditions. Lessee represents and warrants to Lessor that it is aware of
<br />neighborhood or area conditions, including schools, proximity and adequacy of law enforcement,
<br />crime statistics, proximity of registered felons or offenders, fire protection, other governmental
<br />services, availability adequacy and cost of an speed -wired, wireless intemet connections or other
<br />telecommunications or other technology services and installations, proximity to commercial,
<br />industrial or agricultural activities, existing and proposed transportation, construction and
<br />development that may affect noise, view, or traffic, airport noise, noise or odor from any source,
<br />wild and domestic animals, other nuisances, hazard or circumstance, cemeteries, facilities and
<br />condition of common areas, conditions and influences of significance to certain cultures and/or
<br />religions, and personal needs, requirements and preferences of Lessee.
<br />57. Condition of Premises. Notwithstanding anything to the contrary in the Lease, Lessor shall
<br />deliver the Premises in its current "as is" condition as of the date hereof, and Lessee shall, and
<br />does hereby, accept delivery of the Premises as of the date hereof ("Delivery Date", "Effective
<br />Date" or "Commencement Date"). Lessee shall provide Lessor a copy of Lessee's certificate(s)
<br />of liability insurance concurrently with the execution hereof, provided, however, the failure to do
<br />so shall not extend the Delivery Date. The Premises are hereby leased to Lessee "as is", without
<br />representation or warranty by the Lessor (except as otherwise expressly provided in this Lease),
<br />and Lessee hereby accepts the Premises in the condition thereof existing as of the date hereof
<br />subject to all applicable zoning, municipal, county, state and federal laws, ordinances, rules,
<br />regulations, orders, restrictions of record and requirements now or hereafter in effect during the
<br />Term (collectively, "Applicable Requirements", "Applicable Laws" orjust "Laws"). Therefore,
<br />notwithstanding anything to the contrary set forth in this Lease, Lessee represents and warrants
<br />that Lessee has inspected the Premises, and that Lessee is familiar with the general and specific
<br />condition(s) of the Premises and that Lessor shall have no responsibility or liability (except as
<br />otherwise expressly provided in this Lease) with respect to the general or any specific condition
<br />of the Premises or any system (including, without limitation, HVAC, electrical, plumbing,
<br />12311947 1148581-00004
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