PERSONAL LIABILITY ON BEHALF OF ITSELF
AND ALL PERSONS CLAIMING BY, THROUGH OR UNDER TENANT.
25.11
CHILD CARE FACILITIES.
TENANT ACKNOWLEDGES THAT ANY CHILD CARE
FACILITIES LOCATED OR WHICH MAY BE LOCATED IN THE BUILDING COMPLEX (THE "CHILD
CARE FACILITIES") WHICH ARE AVAILABLE TO TENANT AND TENANT'S EMPLOYEES ARE
PROVIDED BY A THIRD PARTY (THE "CHILD CARE PROVIDER") WHICH IS LEASING SPACE IN
THE BUILDING COMPLEX, AND NOT BY LANDLORD.
IF TENANT OR ITS EMPLOYEES CHOOSE TO
USE THE CHILD CARE FACILITIES, TENANT ACKNOWLEDGES THAT TENANT AND TENANT'S
EMPLOYEES ARE NOT RELYING UPON ANY INVESTIGATION WHICH LANDLORD MAY HAVE
CONDUCTED CONCERNING THE CHILD CARE PROVIDER OR ANY WARRANTIES OR REPRESENTATION
WITH RESPECT THERETO, IT BEING THE SOLE RESPONSIBILITY OF TENANT AND THE
INDIVIDUAL USER OF THE CHILD CARE FACILITIES TO CONDUCT ANY AND ALL
INVESTIGATIONS OF THE CHILD CARE FACILITIES PRIOR TO MAKING USE THEREOF.
ACCORDINGLY, LANDLORD SHALL HAVE NO RESPONSIBILITY WITH RESPECT TO THE QUALITY
OR CARE PROVIDED BY THE CHILD CARE FACILITIES, OR FOR ANY ACTS OR OMISSIONS OF
THE CHILD CARE PROVIDER.
FURTHERMORE, TENANT, FOR TENANT AND FOR TENANT'S
EMPLOYEES, HEREBY AGREES THAT LANDLORD, ITS PARTNERS, SUBPARTNERS AND THEIR
RESPECTIVE OFFICERS, AGENTS, SERVANTS, EMPLOYEES, AND INDEPENDENT CONTRACTORS
SHALL NOT BE LIABLE FOR, AND ARE HEREBY RELEASED FROM ANY RESPONSIBILITY FOR ANY
LOSS, COST, DAMAGE, EXPENSE OR LIABILITY, EITHER TO PERSON OR PROPERTY, ARISING
FROM THE USE OF THE CHILD CARE FACILITIES BY TENANT OR TENANT'S EMPLOYEES.
TENANT HEREBY COVENANTS THAT TENANT SHALL INFORM ALL OF TENANT'S EMPLOYEES OF
THE PROVISIONS OF THIS SECTION PRIOR TO SUCH EMPLOYEES' USE OF THE CHILD CARE
FACILITIES.
NOTHING CONTAINED HEREIN IS INTENDED TO BE A REPRESENTATION NOR
WARRANTY BY LANDLORD THAT ANY CHILD CARE FACILITIES WILL BE AVAILABLE DURING THE
LEASE TERM AND LANDLORD SHALL HAVE NO OBLIGATION TO PROVIDE, OR TO MAKE
AVAILABLE, ANY SUCH CHILD CARE FACILITIES.
29
25.12
ENTIRE AGREEMENT.
IT IS UNDERSTOOD AND ACKNOWLEDGED THAT THERE ARE
NO ORAL AGREEMENTS BETWEEN THE PARTIES HERETO AFFECTING THIS LEASE AND THIS
LEASE SUPERSEDES AND CANCELS ANY AND ALL PREVIOUS NEGOTIATIONS, ARRANGEMENTS,
BROCHURES, AGREEMENTS AND UNDERSTANDINGS, IF ANY, BETWEEN THE PARTIES HERETO OR
DISPLAYED BY LANDLORD TO TENANT WITH RESPECT TO THE SUBJECT MATTER THEREOF, AND
NONE THEREOF SHALL BE USED TO INTERPRET OR CONSTRUE THIS LEASE.
THIS LEASE, THE
EXHIBITS AND SCHEDULES ATTACHED HERETO, AND ANY SIDE LETTER OR SEPARATE
AGREEMENT EXECUTED BY LANDLORD AND TENANT IN CONNECTION WITH THIS LEASE AND
DATED OF EVEN DATE HEREWITH CONTAIN ALL OF THE TERMS, COVENANTS, CONDITIONS,
WARRANTIES AND AGREEMENTS OF THE PARTIES RELATING IN ANY MANNER TO THE RENTAL,
USE AND OCCUPANCY OF THE PREMISES, SHALL BE CONSIDERED TO BE THE ONLY AGREEMENT
BETWEEN THE PARTIES HERETO AND THEIR REPRESENTATIVES AND AGENTS, AND NONE OF THE
TERMS, COVENANTS, CONDITIONS OR PROVISIONS OF THIS LEASE CAN BE MODIFIED,
DELETED OR ADDED TO EXCEPT IN WRITING SIGNED BY THE PARTIES HERETO.
25.13
RIGHT TO LEASE.
LANDLORD RESERVES THE ABSOLUTE RIGHT TO EFFECT SUCH
OTHER TENANCIES IN THE BUILDING COMPLEX AS LANDLORD IN