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expressly provided in the Lease, Lessor shall have no responsibility or liability with
<br />respect to any such occurrence. Lessee represents and warrants that, except for Lessor’s
<br />express representations and warranties herein, Lessee is acting, and will act only, upon
<br />information obtained by Lessee directly from Lessee’s own inspection of the Premises.
<br />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
<br />the Premises shall not affect the rights or obligations of the Lessee hereunder.
<br />69.9. “As Is”. Lessee expressly agrees that if it completes the purchase of the Premises (i) that
<br />it is purchasing the Premises on an “As Is” basis and based on its own investigation of the
<br />Premises, (ii) that, except as expressly set forth herein, neither Lessor nor Lessor’s
<br />employees, agents, brokers, representatives, managers, property managers, asset
<br />managers, officers, principals, beneficiaries, trustees, attorneys or contractors
<br />(collectively, “Lessor’s Representatives”) have made any warranty, representation or
<br />guarantee, expressed, implied or statutory, written or oral, including, without limitation,
<br />any implied warranty of merchantability or fitness for any use or purpose or of
<br />reasonably workmanship, concerning the Premises or any of the products or
<br />improvements located thereon or therein; (iii) that, except as otherwise expressly set forth
<br />herein, neither Lessor nor Lessor’s Representatives have made any warranty,
<br />representation, or guarantee, expressed, implied or statutory, written or oral, pertaining to
<br />the Premises’ compliance with any laws, ordinances, rules or regulations, federal, state or
<br />local and (iv) except as otherwise expressly set forth herein, that neither Lessor nor
<br />Lessor’s Representatives have made any warranty, representation or guarantee,
<br />expressed, implied or statutory, written or oral, as to any government limitation or
<br />restriction, or absence thereof, pertaining to the Premises, or as to the presence or absence
<br />of any latent defect, subsurface soil condition, environmental condition, hazardous
<br />substance, toxic waste or any other matter pertaining to the physical condition (title,
<br />mapping, grading, construction, or otherwise) of the Premises. Lessee is or as of the
<br />Close of Purchase Option Escrow will be familiar with the Premises and their suitability
<br />for Lessee’s intended use. All documents which have been given to Lessee by Lessor, or
<br />Lessor’s Representatives, have been delivered as an accommodation to Lessee and
<br />without any representation or warranty as to the sufficiency, accuracy, completeness,
<br />validity, truthfulness, enforceability, or assignability of any of the documents, all of
<br />which Lessee relies on at its own risk. Lessee acknowledges and agrees that, except as
<br />otherwise expressly set forth herein, Lessee’s only recourse for any defect in title shall be
<br />against the title company and not Lessor.
<br />69.10. 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
<br />Premises’ physical condition. Effective upon the Close of Escrow, Lessee and anyone
<br />claiming by, through or under Lessee hereby waives its right to recover from and fully
<br />and irrevocably releases Lessor and its respective members, employees, officers,
<br />directors, partners, shareholders, beneficiaries, trustees, fiduciaries, representatives,
<br />agents, servants, attorneys, affiliates, parent, subsidiaries, successors and assigns, and all
<br />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
<br />Released Parties for any costs, loss, liability, damage, expenses, demand, action or cause
<br />of action arising from or related to any construction defects, errors, omissions or other
<br />conditions, latent or otherwise, including environmental matters, affecting the Premises
<br />12926447.1
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