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separately metered for utilities (i.e„ without limitation, water, electricity, gas and sewer). Additionally the
<br />parties acknowledge that (a) Lessee's planned permitted use of the Premises will entail the large usage of
<br />such utilities and (b) the other Building tenant's usage of Building utilities is inconsequential. Therefore,
<br />Lessee and Lessor agree that Lessee shall be solely responsible for, and shall timely pay (directly to the
<br />provider of such utilities or to Lessor, at Lessor's option, upon receipt of such bills), all such utility costs,
<br />expenses and bills for the Building. Lessee shall be entitled to a credit of $250 per month for electrical
<br />costs in respect of the electricity used on a monthly basis by said other tenants in the building. Such credit
<br />amount is agreed by Lessor and Lessee as a reasonable and fair amount given that the Building does not so
<br />have separate utility meters and shall not be adjusted during the Term. Additionally, Lessee acknowledges
<br />that certain costs and expenses pertaining to landscaping and tree trimming are contracted by Lessor to third
<br />parties, and that such contracts cover the entire Project. Notwithstanding the fact that the lease form used
<br />for the convenience of the parties is for a "Net" lease, it is the intent of the parties that this be a "gross"
<br />lease and that Lessee shall have no obligations to pay additional sums for real property taxes or assessments,
<br />insurance and operating expenses except as set forth above in this Section 52.
<br />53. Parkine. Lessee shall have the non-exclusive right to use those parking spaces depicted on
<br />the site plan attached hereto as Schedule 1 and made a part hereof (excluding, those spaces within the area
<br />labeled Owner Parking).
<br />54. 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, crime
<br />statistics, proximity of registered felons or offenders, fire protection, other governmental services,
<br />availability adequacy and cost of an speed -wired, wireless internet connections or other telecommunications
<br />or other technology services and installations, proximity to commercial, industrial or agricultural activities,
<br />existing and proposed transportation, construction and development that may affect noise, view, or traffic,
<br />airport noise, noise or odor from any source, wild and domestic animals, other nuisances, hazard or
<br />circumstance, cemeteries, facilities and condition of common areas, conditions and influences of
<br />significance to certain cultures and/or religions, and personal needs, requirements and preferences of
<br />Lessee.
<br />55. Condition of Premises. Notwithstanding anything to the contrary in the Lease, Lessee
<br />hereby accepts delivery of the Premises, in their "as is" condition, effective as of the Commencement Date
<br />and, except with respect to changes to such condition, or damages to the Premises, arising from Lessee's
<br />use, misuse, misconduct, intentional acts or failure to act, which cause damage to the Premises (or which
<br />Lessee is otherwise required to repair pursuant to Section 51 above), Lessee shall return the Premises is the
<br />same condition as of the 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 so shall
<br />not extend the Commencement Date. The Premises are hereby leased to Lessee "as is", without
<br />representation or warranty by the Lessor, and Lessee hereby accepts the Premises in the condition thereof
<br />existing as of the date hereof subject to all applicable zoning, municipal, county, state and federal laws,
<br />ordinances, rules, regulations, orders, restrictions of record and requirements now or hereafter in effect
<br />during the Term (collectively, "Applicable Requirements", "Applicable Laws" or just "Laws"). Therefore,
<br />notwithstanding anything to the contrary set forth in this Lease, Lessee represents and warrants that Lessee
<br />has inspected the Premises, and that Lessee is familiar with the general and specific condition(s) of the
<br />Premises and that Lessor shall have no responsibility or liability with respect to the general or any specific
<br />condition of the Premises or any system (including, without limitation, HVAC, electrical, plumbing,
<br />refrigeration and fire sprinkler) and that Lessee represents and warrants that, except as expressly set forth
<br />herein, Lessee is acting, and will act only, upon information known to, or obtained by, Lessee directly from
<br />Lessee's own knowledge and inspection of the Premises, Lessor hereby makes no claims, representations
<br />or warranties as to the suitability or lack of suitability of the Premises for any proposed or intended use, or
<br />availability or lack of availability of (a) permits or approvals of governmental or regulatory authorities, or
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