or prospective
purchaser during Normal Business Hours, at mutually convenient times, from time
to time, to discuss information about Tenant's business and financial condition
requested by Landlord.
47.
TENANT'S STANDING AND AUTHORITY. Tenant is a corporation duly
organized, validly existing and in good standing under the Laws of the State and
has due authority to enter into this Lease, and all organizational action
requisite for the execution and delivery of this Lease has been taken. The
signatory to this Lease on behalf of Tenant has been duly authorized to execute
and deliver this Lease. Tenant shall contemporaneously with its execution and
delivery of this Lease deliver to Landlord evidence of Tenant's good standing,
authority and authorization for the execution and delivery of this Lease.
48.
PUBLIC REPORTING. Following the mutual execution and delivery of this
Lease by Landlord and Tenant, either party may issue such press releases or
other statements regarding this Lease (including any amendment(s) thereto) as
such party desires. In addition, nothing shall prevent either party from
disclosing any information with respect to this Lease (including any
amendment(s) thereto) if and to the extent that such disclosure is required by
applicable law or a court or other binding order or by applicable administrative
rule or regulation or order of any regulatory or supervisory agency or authority
with competent jurisdiction over such matter, including without limitation, any
required filings with the U.S. Securities and Exchange Commission.
49.
WAIVER OF WARRANTIES AND ACCEPTANCE OF CONDITION. TENANT ACKNOWLEDGES
AND AGREES THAT, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS LEASE, TENANT
HAS AGREED TO ACCEPT THE PREMISES (INCLUDING THE INITIAL PREMISES AND EACH SPACE
COMPONENT OF THE PUT PREMISES) IN "AS IS" CONDITION, AND EXCEPT AS OTHERWISE
EXPRESSLY PROVIDED IN THIS LEASE, NEITHER LANDLORD NOR ANY LANDLORD RELATED
PARTY HAS MADE ANY REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, AS TO
THE HABITABILITY, MERCHANTABILITY, SUITABILITY, QUALITY, CONDITION OR FITNESS
FOR ANY PARTICULAR PURPOSE WITH REGARD TO THE PREMISES OR THE COMPLEX AND THAT
THIS LEASE CONSTITUTES THE FULL AND FINAL AGREEMENT OF LANDLORD AND TENANT WITH
RESPECT TO THIS LEASE OF SPACE IN THE BUILDING BY TENANT. EXCEPT FOR THOSE
REPRESENTATIONS, WARRANTIES AND COVENANTS CONTAINED IN THIS LEASE, TENANT HEREBY
WAIVES, TO THE EXTENT PERMITTED BY LAW, ANY CLAIM OR CAUSE OF ACTION BASED UPON
ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, AS TO HABITABILITY, MERCHANTABILITY,
SUITABILITY, QUALITY, CONDITION OR FITNESS FOR ANY PARTICULAR PURPOSE WITH
REGARD TO THE PREMISES OR THE COMPLEX. TENANT FURTHER REPRESENTS AND WARRANTS TO
LANDLORD THAT TENANT HAS HAD AN OPPORTUNITY TO MEASURE THE ACTUAL DIMENSIONS OF
THE PREMISES AND THE BUILDING AND AGREES TO THE SQUARE FOOTAGE CALCULATIONS SET
FORTH IN DEFINITIONS OF THE "PREMISES", "OFFICE AREA", "RETAIL AREA", "RENTABLE
AREA OF THE BUILDING" AND "RENTABLE AREA OF THE PREMISES" FOR ALL PURPOSES.
TENANT'S TAKING POSSESSION OF THE PREMISES SHALL BE CONCLUSIVE EVIDENCE AS OF
THE EFFECTIVE DATE THAT, SUBJECT TO LANDLORD'S OBLIGATIONS UNDER THIS LEASE
(a) TENANT HAS INSPECTED (OR HAS CAUSED TO BE INSPECTED) THE