specified in Subtenant's notice shall
be Subtenant's sole and exclusive remedy with respect thereto. Sublandlord shall
not be responsible for replacement of any Hard Drives which are not in working
order as a result of the act or omission of anyone other than Sublandlord, its
employees, contractors and agents. Sublandlord agrees to reimburse Subtenant up
to a maximum amount of (i) $255.00 per Hard Drive for the cost incurred by
Subtenant in purchasing licenses for the Microsoft Office software program to be
installed by Subtenant thereon, and (ii) $250.00 per Hard Drive for the cost
incurred by Subtenant in purchasing licenses for Microsoft Windows XP software
program to be installed by Subtenant thereon. Sublandlord shall disburse, within
thirty (30) days of receipt of Subtenant's itemized request, such amount to the
extent set forth in Subtenant's requisition, provided, however, that Sublandlord
will not be obligated to make any advance if, and for so long as, Subtenant is
in default under this Sublease beyond any applicable notice and cure.
14
(c) Intentionally Omitted.
(d) SUBLANDLORD MAKES NO, AND EXPRESSLY DISCLAIMS ALL, REPRESENTATIONS OR
WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, REGARDING ANY OF THE
FF&E OR THE CONDITION THEREOF, INCLUDING IMPLIED WARRANTIES OF FITNESS FOR ANY
PARTICULAR PURPOSE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHATSOEVER, EXCEPT
AS OTHERWISE EXPRESSLY SET FORTH HEREIN. SUBTENANT ACKNOWLEDGES THAT NEITHER
SUBLANDLORD NOR ANY OF ITS AGENTS HAVE MADE, AND SPECIFICALLY NEGATE AND
DISCLAIM, ANY REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS, AGREEMENTS OR
GUARANTIES OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL
OR WRITTEN, OF, AS TO, CONCERNING, OR WITH RESPECT TO, (i) THE VALUE, NATURE,
QUALITY OR CONDITION OF THE FF&E, (ii) THE SUITABILITY OF ANY OF THE FF&E FOR
ANY AND ALL ACTIVITIES AND USES WHICH MAY BE CONDUCTED BY SUBTENANT, (iii) THE
MERCHANTABILITY, MARKETABILITY, PROFITABILITY, TITLE, QUIET ENJOYMENT,
NON-INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS OR FITNESS FOR
A PARTICULAR PURPOSE THEREOF, EVEN IF SUBLANDLORD HAS BEEN MADE AWARE OF SUCH
PURPOSE, (iv) THE ABILITY OR RIGHT OF SUBTENANT TO USE ANY OF THE FF&E AND/OR
RELATED SOFTWARE, INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY SOFTWARE, OR
(v) ANY OTHER MATTER WITH RESPECT TO ANY OF THE FF&E OR ANY COMPONENT THEREOF,
INCLUDING ANY SOFTWARE THEREON. SUBLANDLORD DOES NOT WARRANT AND SPECIFICALLY
DISCLAIMS ANY REPRESENTATIONS THAT ANY SOFTWARE PRODUCT'S FUNCTIONS WILL MEET
SUBTENANT'S REQUIREMENTS OR THAT THE OPERATION OF ANY SUCH SOFTWARE WILL BE
UNINTERRUPTED, VIRUS FREE OR ERROR FREE, OR THAT DEFECTS IN SUCH SOFTWARE WILL
BE CORRECTED. SUBTENANT SHALL RELY SOLELY ON ITS OWN INVESTIGATION OF THE FF&E
AND NOT ON ANY INFORMATION PROVIDED OR TO BE PROVIDED BY SUBLANDLORD OR ITS
AGENTS, EXCEPT AS EXPRESSLY PROVIDED HEREIN. SUBLANDLORD SHALL NOT BE LIABLE OR
BOUND IN ANY MANNER BY ANY VERBAL OR WRITTEN STATEMENTS, REPRESENTATIONS OR
INFORMATION PERTAINING TO THE FF&E OR THE OPERATION THEREOF, FURNISHED BY ANY
PERSON OR ENTITY PURPORTING TO ACT ON BEHALF OF SUBLANDLORD.
11. COMPLIANCE WITH LAWS AND REGULATIONS; PROHIBITED ACTIONS.
11.1. Subtenant, at