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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 <br />12926447.1 <br />3