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F. LICENSEE hereby accepts the Premises in the condition existing as of the date of <br /> the execution hereof, subject to all applicable zoning,municipal,county,state,and <br /> federal laws,ordinances and regulations governing and regulating the use of the <br /> Premises, and terms,covenants and conditions of this Agreement.LICENSEE <br /> acknowledges that neither LICENSOR,nor any agent of LICENSOR,has made <br /> any representation or warranty with respect to the condition of the Premises or the <br /> suitability thereof for the conduct of LICENSEE.Further,LICENSOR has not <br /> agreed to undertake any modification,alteration or improvement to the Premises <br /> except as provided in this Agreement. <br /> G. Except as may be otherwise expressly provided in this Agreement, the taking of <br /> possession of the Premises by LICENSEE shall in itself constitute <br /> acknowledgement that the Premises are in good condition and repair and in <br /> useable condition, and LICENSEE agrees to accept the Premises in its presently <br /> existing "as is""where is" condition, and that LICENSOR shall not be obligated <br /> to make any improvements, modifications or repairs thereto except to the extent <br /> that may otherwise be expressly provided in this Agreement. <br /> H. LICENSEE represents and warrants that it has made a sufficient investigation of <br /> the conditions of the Premises existing immediately prior to the execution of <br /> this Agreement, including but not limited to investigation of the surface, <br /> subsurface, and groundwater for contamination and hazardous materials and is <br /> satisfied that the Premises will safely support the project type to be constructed <br /> by LICENSEE upon the Premises,that the Premises is otherwise fully fit <br /> (physically and lawfully) for the uses required and permitted by this Agreement <br /> and that LICENSEE accepts all risks, losses and expenses associated the <br /> foregoing provisions. <br /> I. LICENSEE acknowledges that(1) LICENSOR has informed LICENSEE prior <br /> to the commencement of the term of this Agreement that LICENSOR does not <br /> know of any release of any hazardous material that has come to be located on or <br /> beneath the Premises; (2)prior to the commencement of the term of this <br /> Agreement, LICENSOR has made available to LICENSEE, for review and <br /> inspection, records in the possession or control of LICENSOR which might <br /> reflect the potential existence of hazardous materials on or beneath the <br /> Premises; (3)LICENSOR has provided LICENSEE access to the Premises for a <br /> reasonable time and upon reasonable terms and conditions for purposes of <br /> providing to LICENSEE the opportunity to investigate, sample, and analyze the <br /> soil and groundwater on the Premises for the presence of hazardous materials; <br /> (4) by signing this Agreement,LICENSEE represents and warrants to <br /> LICENSOR that LICENSEE does not know nor has reasonable cause to believe <br /> that any release of hazardous material has come to be located on or beneath the <br /> Premises; and(5)with respect to any hazardous material which LICENSEE <br /> knows or has reasonable cause to believe has come or will come to be located <br /> on or beneath the Premises,LICENSEE agrees to promptly commence and <br /> complete the removal of the hazardous material at no cost or expense to <br /> LICENSOR and in full compliance with all applicable laws, regulations, <br /> Page 6of103 <br />