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ABSENCE OF HAZARDOUS OR TOXIC SUBSTANCBS, (VI) OPERATION OR PERFORMANCE OF THE PREMISES OR SYSTEMS THEREIN OR THE HABITABILITY OF THE PREMISES, (VII) COMPLIANCE WITH LAWS, ORDINANCES, RULES OR REGULATIONS (FBDERAL, SATE OR LOCAL) and, fNCLUDING, WITHOUT LIMITATION, THOSE RELATING TO HEALTH, SAFETY, AND THE.ENVIRONMENT, AS THEY MAY APPLY TO THE CURRENT CONDITION OF THE PREMISES OR LESSEE'S INTENDED USE OR (VIII) ANY GOVERNMENT LIMITATION OR RESTRICTION, OR ABSENCE THEREOF, PERTAINING TO THE PREMISES. LESSEE ACKNOWLEDGES THAT LESSEE HAS ENTERED INTO THIS LEASE REL YING UPON ITS OWN INVESTIGATION OF THE PHYSICAL, ENVIRONMENTAL AND COMPLIANCE CONDITION OF THE PREMISES AND THAT LESSEE IS NOT NOW RELYING, AND WILL NOT LATER RELY, UPON ANY REPRESENTATIONS AND WARRANTIES MADE BY LESSOR OR ANYONE ACTING OR CLAIMING TO ACT, BY, THROUGH OR UNDER OR ON LESSOR'S BEHALF CONCERNING THE PREMISES. Lessee is familiar with the Premises and their suitability for Lessee's Intended use, All documents which have been given to Lessee by Leasor have been delivered as nn accommodation to Lessee and without any representation or warranty as to the sufficiency, accuracy, completeness, validity, truthfulness, enforceability, or assign ability of any of tlte documents, all of which Lessee relies on at its own risk.
<br />58.Release. Lessee shall rely solely upon Lessee's own knowledge of the Premises based on itsinvestigation of the Premises and its own ins pection of the Premises in determining the Premises'physical condition. Lessee and anyone claiming by, through or under Lessee hereby waives itsright to recover from and fully and irrevocably releases Lessor and its respective members,employees, officers, directors, partners, shareholders, beneficiaries, trustees, liduciories,representatives, agents, servants, ettomeys, affiliates. parent, subsldiaries1 successors and assigns,and all persons, fim1s, corporntions and organizations acting in their behalf ("Released Parties")from any and nil claims that it may now have or hereafter acquire against any of the ReleasedParties for any costs, loss, liability, damage, eKpenses, demand, action or cause of action arisingfrorn or related to any construction defects1 errors, omissions or other conditions, Jatent orotheiwise, including environmental matters, affecting the Premises or any portion thereof. Thisrelease includes claims of which Lessee is presently unaware or which Lessee does not presentlysuspect to exist which, if known by Lessee, would materially affect Lessee's release to Lessor. inthis connection and to the fullest extent pennltted by law, Lessee hereby agrees, represents andwarrants that Lessee reolizes and acknowledges that factual matters now unknown to it may havegiven or may hereafter give rise to causes of action, claim&, demands, debts, controversies,damages, costs, losses and expenses which ere presently unknown, unanticipated andunsuspected, and Lessee further agrees, represents and warrants that the waivers and releasesherein have been negotiated and agreed upon in light of that realization and that, as a materialportion of the consideration given to Lessor by Lessee in exchange for Lessor's performancehereunder, Lessee nevertheless hereby intends to release, discharge and acquit Lessor from anysuch unknown causes of action, claims, demands, debts. controversies, damages, costs, losses andexpenses which might in any way be included. Lessor has given Lessee material concessionsregarding this transaction in eKchange for Lessee agreeing to the provisions of this Paragraph,The releases set forth above are full and complete releases of all the persons and entitiesdescribed above of and from any and all liability of an y nature whatsoever for all damage, h\iury,loss, expense, Including any consequential expense, loss or damage, whether the same are nowknown or unknown to tile parties, expected or unexpected by said parties, and all rights underSection 1542 of the California Civil Code are hereby waived and relinquished. Section 1542 ofthe CM/ Code provides as follows:
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<br />12926447.1
<br />EXHIBIT 1
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