THEIR TERMS, INTENDED TO SURVIVE TERMINATION OF THE LEASES, AND AS
OTHERWISE PROVIDED HEREIN.
IN ADDITION, NOTHING HEREIN SHALL BE DEEMED TO LIMIT
OR TERMINATE ANY COMMON LAW OR STATUTORY RIGHTS LANDLORD MAY HAVE WITH RESPECT
TO TENANT IN CONNECTION WITH ANY HAZARDOUS MATERIALS OR FOR VIOLATIONS OF ANY
GOVERNMENTAL REQUIREMENTS OR REQUIREMENTS OF APPLICABLE LAW.
NOTHING HEREIN
SHALL EXCUSE TENANT FROM ITS OBLIGATIONS UNDER THE LEASES PRIOR TO THE
TERMINATION DATE.
2
6.
REMOVAL OF PERSONAL PROPERTY.
TENANT AGREES THAT THE PREMISES
SHALL BE SURRENDERED FREE OF ALL PERSONAL PROPERTY OF TENANT.
ANY PERSONAL
PROPERTY OF TENANT REMAINING IN THE PREMISES AFTER THE TERMINATION DATE IS
HEREBY AGREED TO BE ABANDONED BY TENANT AND MAY BE DISPOSED OF BY LANDLORD, IN
LANDLORD'S SOLE DISCRETION, WITHOUT OBLIGATION OR LIABILITY OF ANY KIND TO
TENANT.
TENANT SPECIFICALLY ACKNOWLEDGES AND AGREES THAT, NOTWITHSTANDING
ANYTHING TO THE CONTRARY THAT MAY BE CONTAINED IN THE LEASES, IN ADDITION TO ALL
OF THE OTHER ITEMS THAT ARE THE PROPERTY OF LANDLORD AND ARE REQUIRED TO REMAIN
AT THE PREMISES FOLLOWING THE TERMINATION DATE, THE FOLLOWING ITEMS ARE THE
PROPERTY OF LANDLORD AND SHALL REMAIN AT THE PREMISES FOLLOWING THE TERMINATION
DATE: ALL PLUMBING, ELECTRICAL WIRING, BOILERS, HVAC, CHILLERS AND BACK-UP
GENERATORS.
7.
RELEASE OF LIABILITY.
AS OF THE TERMINATION DATE, TENANT
RELEASES AND EXCULPATES LANDLORD FROM ANY LIABILITY ARISING FROM THE LEASES, AND
FROM THE TERMINATION OF THE LEASES.
THE FOREGOING RELEASE EXTENDS TO ALL RIGHTS
OF TENANT UNDER SECTION 1542 OF THE CALIFORNIA CIVIL CODE AND ANY SIMILAR LAW OF
ANY STATE OR TERRITORY OF THE UNITED STATES, WHICH ARE HEREBY EXPRESSLY WAIVED
AND RELINQUISHED BY TENANT.
SECTION 1542 READS:
A general release does not extend to claims which the creditor does not know or
suspect to exist in his favor at the time of executing the release, which if
known by him must have materially affected his settlement with the debtor.
Tenant acknowledges that this release and waiver are an essential and material
term of this Agreement, without which Landlord would not become a party to this
Agreement.
8.
ACKNOWLEDGMENT.
TENANT ACKNOWLEDGES THAT IT HAS READ THE
PROVISIONS OF THIS AGREEMENT, UNDERSTANDS THEM, AND IS BOUND BY THEM.
TIME IS
OF THE ESSENCE IN THIS AGREEMENT.
9.
NO ASSIGNMENT.
EXCEPT FOR ANY SUBLEASES WHICH LANDLORD HAS
CONSENTED TO IN WRITING, TENANT REPRESENTS AND WARRANTS THAT TENANT HAS NOT
ASSIGNED, MORTGAGED, SUBLEASED, PLEDGED, ENCUMBERED OR OTHERWISE TRANSFERRED ANY
INTEREST IN THE LEASES AND THAT TENANT HOLDS THE INTERESTS IN THE PREMISES AS
SET FORTH IN THE LEASES AS OF THE DATE OF THIS AGREEMENT.
10.
NO MODIFICATION.
THIS AGREEMENT MAY NOT BE MODIFIED OR TERMINATED
EXCEPT IN WRITING SIGNED BY ALL PARTIES.
THIS AGREEMENT MAY BE SIGNED IN
COUNTERPARTS WHICH TAKEN TOGETHER SHALL CONSTITUTE ONE AGREEMENT BINDING UPON
THE PARTIES.
11.
SUCCESSORS AND ASSIGNS.
THE COVENANTS AND AGREEMENTS HEREIN
CONTAINED SHALL INURE TO THE BENEFIT AND BE BINDING UPON THE PARTIES AND THEIR
RESPECTIVE SUCCESSORS AND ASSIGNS.
12.
ATTORNEYS' FEES.
IN THE EVENT