in their current condition Nothing in this Section 55 shall be deemed or construed as modifying
<br />or amending Lessee’s obligations for the regular and timely maintenance and repair of the
<br />Premises, roof and HVAC system.
<br />56. 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,
<br />crime statistics, proximity of registered felons or offenders, fire protection, other governmental
<br />services, availability adequacy and cost of an speed-wired, wireless internet connections or other
<br />telecommunications or other technology services and installations, proximity to commercial,
<br />industrial or agricultural activities, existing and proposed transportation, construction and
<br />development that may affect noise, view, or traffic, airport noise, noise or odor from any source,
<br />wild and domestic animals, other nuisances, hazard or circumstance, cemeteries, facilities and
<br />condition of common areas, conditions and influences of significance to certain cultures and/or
<br />religions, and personal needs, requirements and preferences of Lessee.
<br />57. Condition of Premises. Notwithstanding anything to the contrary in the Lease, Lessor shall
<br />deliver the Premises in its current “as is” condition as of the date hereof, and Lessee shall, and
<br />does hereby, accept delivery of the Premises as of the date hereof (“Delivery Date”, “Effective
<br />Date” or "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
<br />so shall not extend the Delivery Date. The Premises are hereby leased to Lessee “as is”, without
<br />representation or warranty by the Lessor (except as otherwise expressly provided in this Lease),
<br />and Lessee hereby accepts the Premises in the condition thereof existing as of the date hereof
<br />subject to ail applicable zoning, municipal, county, state and federal laws, ordinances, rules,
<br />regulations, orders, restrictions of record and requirements now or hereafter in effect during the
<br />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
<br />that Lessee has inspected the Premises, and that Lessee is familiar with the general and specific
<br />condition(s) of the Premises and that Lessor shall have no responsibility or liability (except as
<br />otherwise expressly provided in this Lease) with respect to the general or any specific condition
<br />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
<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
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