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<br />it deemed necessary, independently investigated the condition of the Leased Premises, <br />including the soils, hydrology and seismology thereof, and the laws and regulations <br />relating to the construction and operation of Lessee's Improvements on the Leased <br />Premises, and, has not relied upon any statement, representation or warranty of Lessor of <br />any kind or nature in connection with its decision to execute and deliver this Lease and its <br />agreement to perform the obligations of Lessee hereunder. Lessor makes no warranty as <br />to the suitability of the Leased Premises for Lessee's proposed development, construction <br />or use, as permitted by this Lease. Lessor makes no covenants or warranties respecting <br />the condition of the soil, subsoil or any other condition of the Leased Premises. Lessee <br />acknowledges that the soil on the Leased Premises mayor may not be suitable for the <br />purposes intended by Lessee or be of such character and condition so as to require special <br />engineering for construction of Lessee's Improvements, and agrees that Lessor shall be <br />held harmless and free from any additional costs which Lessee may incur in this regard. <br />Lessor shall not be responsible for any land subsidence, slippage, soil instability or <br />damage resulting therefrom. Lessor shall not be required or obligated to make any <br />changes, alterations, additions, improvements or repairs in, on, under or about the Leased <br />Premises. <br /> <br />With respect to the foregoing, and by initialing below, Lessee expressly waives the <br />provisions of California Civil Code Section 1542, which provides: <br /> <br />A general release does not extend to claims which the creditor does not know or <br />suspect to exist in his favor at the time of executing the release, which if known <br />by him must have materially affected his settlement with the debtor. <br /> <br />It is expressly understood and agreed, however, that Lessee is not releasing, nor waiving any of <br />the provisions of California Civil Code Section 1542 with respect to, any representations, <br />warranties and/or covenants made by Lessor in this Lease. <br /> <br />Lessee's initials: <br /> <br />1.3 Reserved. <br /> <br />1.4 Term. Unless sooner terminated under the provisions hereof, and subject to execution <br />and delivery by the parties of the Amendment of Operating Agreement, this Lease shall <br />be and continue in full force and effect commencing on the date hereof (the <br />"Commencement Date") and expiring on the first day of the first full calendar month <br />following issuance of a Certificate of Occupancy for the Additional Facilities (the "Lease <br />Term"). <br /> <br />1.5 Construction of Improvements. Lessee shall, at its sole cost and expense, design and <br />construct, or cause to be designed and constructed, the Additional Facilities to be <br />constructed by Lessee upon the Leased Premises pursuant to this Lease, in accordance <br />with this Section 1.5. <br /> <br />2 <br />