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refrigeration and fire sprinkler) and that Lessee represents and warrants that, except as expressly
<br />set forth herein, Lessee is acting, and will act only, upon information known to, or obtained by,
<br />Lessee directly from Lessee's own knowledge and inspection of the Premises (except as
<br />otherwise expressly provided in this Lease). Except as otherwise expressly provided in this
<br />Lease, Lessor hereby makes no claims, representations or warranties as to the suitability or lack
<br />of suitability of the Premises for any proposed or intended use, or availability or lack of
<br />availability of (a) permits or approvals of governmental or regulatory authorities, or (b)
<br />easements, licenses or other rights with respect to any such proposed or intended use of the
<br />Premises or (c) any condition of the Premises, and the availability or lack of availability shall not
<br />affect the rights or obligations of the Lessee hereunder. Therefore: AS A MATERIAL PART
<br />OF THE CONSIDERATION FOR THIS LEASE AND THE AMOUNT OF RENT TO BE
<br />PAYABLE HEREUNDER, LESSEE AGREES THAT, EXCEPT AS OTHERWISE
<br />EXPRESSLY SET FORTH HEREIN, LESSEE LEASES AND ACCEPTS THE PREMISES ON
<br />AN "AS IS" AND "WHERE IS" BASIS, WITH ALL FAULTS. EXCEPT AS OTHERWISE
<br />EXPRESSLY SET FORTH HEREIN, NO WARRANTY, REPRESENTATION OR
<br />GUARANTEE OF ANY TYPE (EXPRESSED, IMPLIED OR STATUTORY, WRITTEN OR
<br />ORAL) HAS OR IS MADE BY LESSOR WITH RESPECT TO THE PREMISES,
<br />INCLUDING, WITHOUT LIMITATION, AS TO ANY OF THE FOLLOWING: (I) FITNESS
<br />FOR ANY PARTICULAR PURPOSE, (II) MERCHANTABILITY, (III) CONDITION OR
<br />WORKMANSHIP, (IV) ABSENCE OF DEFECTS OR FAULTS, (V) PRESENCE OR
<br />ABSENCE OF HAZARDOUS OR TOXIC SUBSTANCES, (VI) OPERATION OR
<br />PERFORMANCE OF THE PREMISES OR SYSTEMS THEREIN OR THE HABITABILITY
<br />OF THE PREMISES, (VII) COMPLIANCE WITH LAWS, ORDINANCES, RULES OR
<br />REGULATIONS (FEDERAL, SATE OR LOCAL) and, INCLUDING, WITHOUT
<br />LIMITATION, THOSE RELATING TO HEALTH, SAFETY, AND THE ENVIRONMENT, AS
<br />THEY MAY APPLY TO THE CURRENT CONDITION OF THE PREMISES OR LESSEE'S
<br />INTENDED USE OR (VIII) ANY GOVERNMENT LIMITATION OR RESTRICTION, OR
<br />ABSENCE THEREOF, PERTAINING TO THE PREMISES. LESSEE ACKNOWLEDGES
<br />THAT LESSEE HAS ENTERED INTO THIS LEASE RELYING UPON ITS OWN
<br />INVESTIGATION OF THE PHYSICAL, ENVIRONMENTAL AND COMPLIANCE
<br />CONDITION OF THE PREMISES AND THAT LESSEE IS NOT NOW RELYING, AND
<br />WILL NOT LATER RELY, UPON ANY REPRESENTATIONS AND WARRANTIES MADE
<br />BY LESSOR OR ANYONE ACTING OR CLAIMING TO ACT, BY, THROUGH OR UNDER
<br />OR ON LESSOR'S BEHALF CONCERNING THE PREMISES. Lessee is familiar with the
<br />Premises and their suitability for Lessee's intended use. All documents which have been given to
<br />Lessee by Lessor have been delivered as an accommodation to Lessee and without any
<br />representation or warranty as to the sufficiency, accuracy, completeness, validity, truthfulness,
<br />enforceability, or assignability of any of the documents, all of which Lessee relies on at its own
<br />risk.
<br />58. Release. Lessee shall rely solely upon Lessee's own knowledge of the Premises based on its
<br />investigation of the Premises and its own inspection of the Premises in determining the Premises'
<br />physical condition. Lessee and anyone claiming by, through or under Lessee hereby waives its
<br />right to recover from and fully and irrevocably releases Lessor and its respective members,
<br />employees, officers, directors, partners, shareholders, beneficiaries, trustees, fiduciaries,
<br />representatives, agents, servants, attorneys, affiliates, parent, subsidiaries, successors and assigns,
<br />and all persons, firms, corporations and organizations acting in their behalf ("Released Parties")
<br />from any and all claims that it may now have or hereafter acquire against any of the Released
<br />Parties for any costs, loss, liability, damage, expenses, demand, action or cause of action arising
<br />from or related to any construction defects, errors, omissions or other conditions, latent or
<br />otherwise, including environmental matters, affecting the Premises or any portion thereof. This
<br />12311947.1/48581-00004
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