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(b) easements, licenses or other rights with respect to any such proposed or intended use of the Premises or
<br />(c) any condition of the Premises, and the availability or lack of availability shall not affect the rights or
<br />obligations of the Lessee hereunder. Lessor acknowledges that the current physical condition of the
<br />Premises as of the date hereof is in compliance with the physical condition in which Lessee is obligated to
<br />surrender the Premises upon expiration of the Lease, Therefore: AS A MATERIAL PART OF THE
<br />CONSIDERATION FOR THIS LEASE AND THE AMOUNT OF RENT TO BE PAYABLE
<br />HEREUNDER, LESSEE AGREES THAT EXCEPT AS EXPRESSLY SET FORTH HEREIN, LESSEE
<br />LEASES AND ACCEPTS THE PREMISES ON AN "AS IS" AND "WHERE IS" BASIS, WITH ALL
<br />FAULTS, EXCEPT AS EXPRESSLY SET FORTH HEREIN, NO WARRANTY, REPRESENTATION
<br />OR GUARANTEE OF ANY TYPE (EXPRESSED, IMPLIED OR STATUTORY, WRITTEN OR ORAL)
<br />HAS OR IS MADE BY LESSOR WITH RESPECT TO THE PREMISES, INCLUDING, WITHOUT
<br />LIMITATION, AS TO ANY OF THE FOLLOWING: (1) FITNESS FOR ANY PARTICULAR
<br />PURPOSE, (1) MERCHANTABILITY, (III) CONDITION OR WORKMANSHIP, (IV) ABSENCE OF
<br />DEFECTS OR FAULTS, (V) PRESENCE OR ABSENCE OF HAZARDOUS OR TOXIC
<br />SUBSTANCES, (VI) OPERATION OR PERFORMANCE OF THE PREMISES OR SYSTEMS
<br />THEREIN OR THE HABITABILITY OF THE PREMISES, (VII) COMPLIANCE WITH LAWS,
<br />ORDINANCES, RULES OR REGULATIONS (FEDERAL, SATE OR LOCAL) and, INCLUDING,
<br />WITHOUT LIMITATION, THOSE RELATING TO HEALTH, SAFETY, AND THE ENVIRONMENT,
<br />AS THEY MAY APPLY TO THE CURRENT CONDITION OF THE PREMISES OR LESSEE'S
<br />INTENDED USE OR (VIII) ANY GOVERNMENT LIMITATION OR RESTRICTION, OR ABSENCE
<br />THEREOF, PERTAINING TO THE PREMISES. LESSEE ACKNOWLEDGES THAT LESSEE HAS
<br />ENTERED INTO THIS LEASE RELYING UPON ITS OWN INVESTIGATION OF THE PHYSICAL,
<br />ENVIRONMENTAL AND COMPLIANCE CONDITION OF THE PREMISES AND THAT LESSEE IS
<br />NOT NOW RELYING, AND WILL NOT LATER RELY, UPON ANY REPRESENTATIONS AND
<br />WARRANTIES MADE BY LESSOR OR ANYONE ACTING OR CLAIMING TO ACT, BY,
<br />THROUGH OR UNDER OR ON LESSOR'S BEHALF CONCERNING THE PREMISES EXCEPT AS
<br />EXPRESSLY SET FORTH HEREIN. Lessee is familiar with the Premises and their suitability for
<br />Lessee's intended use. All documents which have been given to Lessee by Lessor have been delivered as
<br />an accommodation to Lessee and without any representation or warranty as to the sufficiency, accuracy,
<br />completeness, validity, truthfulness, enforceability, or assignability of any of the documents, all of which
<br />Lessee relies on at its own risk.
<br />56, Release. Lessee shall rely solely upon Lessee's own knowledge of the Premises based on
<br />its 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 right to
<br />recover from and fully and irrevocably releases Lessor and its respective members, employees, officers,
<br />directors, partners, shareholders, beneficiaries, trustees, fiduciaries, representatives, agents, servants,
<br />attorneys, affiliates, parent, subsidiaries, successors and assigns, and all persons, firms, corporations and
<br />organizations acting in their behalf ("Released Parties") from any and all claims that it may now have or
<br />hereafter acquire against any of the Released Parties for any costs, loss, liability, damage, expenses,
<br />demand, action or cause of action arising from or related to any construction defects, errors, omissions or
<br />other conditions, latent or otherwise, including environmental matters, affecting the Premises or any portion
<br />thereof except for Lessor's obligations under this Lease. This release includes claims of which Lessee is
<br />presently unaware or which Lessee does not presently suspect to exist which, if known by Lessee, would
<br />materially affect Lessee's release to Lessor. In this connection and to the fullest extent permitted by law,
<br />Lessee hereby agrees, represents and warrants that Lessee realizes and acknowledges that factual matters
<br />now unknown to it may have given or may hereafter give rise to causes of action, claims, demands, debts,
<br />controversies, 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 herein have
<br />been negotiated and agreed upon in light of that realization and that, as a material portion of the
<br />consideration given to Lessor by Lessee in exchange for Lessor's performance hereunder, Lessee
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