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release includes claims of which Lessee is presently unaware or which Lessee does not presently <br />suspect to exist which, if known by Lessee, would materially affect Lessee's release to Lessor. In <br />this connection and to the fullest extent permitted by law, Lessee hereby agrees, represents and <br />warrants that Lessee realizes and acknowledges that factual matters now unknown to it may have <br />given or may hereafter give rise to causes of action, claims, demands, debts, controversies, <br />damages, costs, losses and expenses which are presently unknown, unanticipated and <br />unsuspected, and Lessee further agrees, represents and warrants that the waivers and releases <br />herein have been negotiated and agreed upon in light of that realization and that, as a material <br />portion of the consideration given to Lessor by Lessee in exchange for Lessor's performance <br />hereunder, Lessee nevertheless hereby intends to release, discharge and acquit Lessor from any <br />such unknown causes of action, claims, demands, debts, controversies, damages, costs, losses and <br />expenses which might in any way be included. Lessor has given Lessee material concessions <br />regarding this transaction in exchange for Lessee agreeing to the provisions of this Paragraph. <br />The releases set forth above are full and complete releases of all the persons and entities <br />described above of and from any and all liability of any nature whatsoever for all damage, injury, <br />loss, expense, including any consequential expense, loss or damage, whether the same are now <br />known or unknown to the parties, expected or unexpected by said parties, and all rights under <br />Section 1542 of the California Civil Code are hereby waived and relinquished. Section 1542 of <br />the Civil Code provides as follows: <br />"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS <br />THAT THE CREDITOR OR RELEASING PARTY DOES NOT <br />KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT <br />THE TIME OF EXECUTING THE RELEASE, WHICH IF <br />KNOWN BY HIM OR HER WOULD HAVE MATERIALLY <br />AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR <br />OR RELEASED PARTY." <br />LessqiPs Initials <br />Notwithstanding anything to the contrary herein, the foregoing release in this Section 58 is not <br />intended to and does not cover (i) any claims arising from a breach by Lessor of any Lessor's <br />obligations under this Lease, or (iii) any gross negligence, willful misconduct or fraud committed <br />by Lessor. <br />59. Reservations. Lessee agrees to consent to Lessor's (i) grant of such easements, rights and <br />dedications that Lessor deems necessary, (ii) recordation of parcel maps and restrictions, and <br />(iii) creation and/or installation of new utility raceways, only if such easements, rights, <br />dedications, maps, restrictions, and utility raceways shall not, In Lessee's reasonable discretion, <br />unreasonably interfere with the use of the Premises by Lessee or otherwise materially negatively <br />impact Lessee's use or occupation of the Premises; and in such event, Lessee agrees to sign any <br />documents reasonably requested by Lessor to effectuate such rights so long as such documents do <br />not impose any cost or liability on Lessee which is non-de-Minimis. Lessor further reserves the <br />right to change the name by which the Building or the Project (if any) is called with Lessee's <br />prior written consent which shall not be unreasonably withheld. <br />60. Assignment and Subletting. Lessee shall have no right to, and shall not, assign, sublet or <br />otherwise transfer all or any portion of the Premises or its rights under and to this Lease without <br />the prior written consent of Lessor, which such consent may be given or denied in Lessor's sole <br />12311947.1/48581.00004 <br />