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ABSENCE OF HAZARDOUS OR TOXIC SUBSTANCES, (VI) OPERATION OR
<br />PERFORMANCE OF THE PREMISES OR SYSTEMS THEREIN OR THE HABITABILITY
<br />OF THE PREMISES, (VII) COMPLIANCE WITH LAWS, ORDINANCES, RULES OR
<br />REGULATIONS (FEDERAL, SATE OR LOCAL) and, INCLUDING, WITHOUT
<br />LIMITATION, THOSE RELATING TO HEALTH, SAFETY, AND THE ENVIRONMENT, AS
<br />THEY MAY APPLY TO THE CURRENT CONDITION OF THE PREMISES OR LESSEE’S
<br />INTENDED USE OR (VIII) ANY GOVERNMENT LIMITATION OR RESTRICTION, OR
<br />ABSENCE THEREOF, PERTAINING TO THE PREMISES. LESSEE ACKNOWLEDGES
<br />THAT LESSEE HAS ENTERED INTO THIS LEASE RELYING UPON ITS OWN
<br />INVESTIGATION OF THE PHYSICAL, ENVIRONMENTAL AND COMPLIANCE
<br />CONDITION OF THE PREMISES AND THAT LESSEE IS NOT NOW RELYING, AND
<br />WILL NOT LATER RELY, UPON ANY REPRESENTATIONS AND WARRANTIES MADE
<br />BY LESSOR OR ANYONE ACTING OR CLAIMING TO ACT, BY, THROUGH OR UNDER
<br />OR ON LESSOR’S BEHALF CONCERNING THE PREMISES. Lessee is familiar with the
<br />Premises and their suitability for Lessee’s intended use. All documents which have been given to
<br />Lessee by Lessor have been delivered as an accommodation to Lessee and without any
<br />representation or warranty as to the sufficiency, accuracy, completeness, validity, truthfulness,
<br />enforceability, or assignability of any of the documents, all of which Lessee relies on at its own
<br />risk.
<br />58. Release. Lessee shall rely solely upon Lessee’s own knowledge of the Premises based on its
<br />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
<br />right to recover from and fully and irrevocably releases Lessor and its respective members,
<br />employees, officers, directors, partners, shareholders, beneficiaries, trustees, fiduciaries,
<br />representatives, agents, servants, attorneys, affiliates, parent, subsidiaries, successors and assigns,
<br />and all persons, firms, corporations and organizations acting in their behalf (“Released Parties”)
<br />from any and all claims that it may now have or hereafter acquire against any of the Released
<br />Parties for any costs, loss, liability, damage, expenses, demand, action or cause of action arising
<br />from or related to any construction defects, errors, omissions or other conditions, latent or
<br />otherwise, including environmental matters, affecting the Premises or any portion thereof. This
<br />release includes claims of which Lessee is presently unaware or which Lessee does not presently
<br />suspect to exist which, if known by Lessee, would materially affect Lessee’s release to Lessor. In
<br />this connection and to the fullest extent permitted by law, Lessee hereby agrees, represents and
<br />warrants that Lessee realizes and acknowledges that factual matters now unknown to it may have
<br />given or may hereafter give rise to causes of action, claims, demands, debts, controversies,
<br />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
<br />herein have been negotiated and agreed upon in light of that realization and that, as a material
<br />portion of the consideration given to Lessor by Lessee in exchange for Lessor’s performance
<br />hereunder, Lessee nevertheless hereby intends to release, discharge and acquit Lessor from any
<br />such unknown causes of action, claims, demands, debts, controversies, damages, costs, losses and
<br />expenses which might in any way be included. Lessor has given Lessee material concessions
<br />regarding this transaction in exchange for Lessee agreeing to the provisions of this Paragraph.
<br />The releases set forth above are full and complete releases of all the persons and entities
<br />described above of and from any and all liability of any nature whatsoever for all damage, injury,
<br />loss, expense, including any consequential expense, loss or damage, whether the same are now
<br />known or unknown to the parties, expected or unexpected by said parties, and all rights under
<br />Section 1542 of the California Civil Code are hereby waived and relinquished. Section 1542 of
<br />the Civil Code provides as follows:
<br />12926447.1
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