AND ADDENDA REFERRED TO HEREIN WHICH FORM A PART OF THIS
LEASE AGREEMENT, CONTAIN THE ENTIRE UNDERSTANDING OF THE PARTIES HERETO WITH
RESPECT TO THE SUBJECT MATTER HEREOF.
THERE ARE NO
92
REPRESENTATIONS, PROMISES, WARRANTIES, COVENANTS OR UNDERTAKINGS OF THE PARTIES
OTHER THAN THOSE EXPRESSLY SET FORTH OR PROVIDED FOR HEREIN OR THEREIN.
THIS
LEASE AGREEMENT SUPERSEDES ALL PRIOR AGREEMENTS AND UNDERSTANDINGS BETWEEN THE
PARTIES WITH RESPECT TO THE TRANSACTIONS CONTEMPLATED BY THIS LEASE AGREEMENT.
NO PROVISION OF THIS LEASE AGREEMENT MAY BE AMENDED EXCEPT IN A WRITING SIGNED
BY BOTH PARTIES, AND NO SUCH AMENDMENT SHALL EXTEND TO ANYTHING OTHER THAN THE
SPECIFIC SUBJECT MATTER THEREOF.
SECTION 2204.
WAIVER.
THE PARTY FOR WHOSE BENEFIT A
WARRANTY, REPRESENTATION, COVENANT OR CONDITION IS INTENDED MAY IN WRITING WAIVE
ANY INACCURACIES IN THE WARRANTIES AND REPRESENTATIONS CONTAINED IN THIS LEASE
AGREEMENT OR WAIVE COMPLIANCE WITH ANY OF THE COVENANTS OR CONDITIONS CONTAINED
HEREIN AND SO WAIVE PERFORMANCE OF ANY OF THE OBLIGATIONS OF THE OTHER PARTY
HERETO AND ANY DEFAULTS HEREUNDER; PROVIDED, HOWEVER, THAT SUCH WAIVER MUST BE
IN WRITING, AND SHALL NOT AFFECT OR IMPAIR THE WAIVING PARTY'S RIGHTS WITH
RESPECT TO ANY OTHER WARRANTY, REPRESENTATION, CONDITION OR COVENANT OR ANY
DEFAULT HEREUNDER, NOR SHALL ANY WAIVER CONSTITUTE A CONTINUING WAIVER.
SECTION 2205.
SECTION HEADINGS.
THE SECTION HEADINGS
CONTAINED HEREIN ARE FOR CONVENIENCE OF REFERENCE AND ARE NOT INTENDED TO DEFINE
OR LIMIT THE SCOPE OF ANY PROVISION OF THIS LEASE AGREEMENT.
SECTION 2206.
GOVERNING LAW; INTERPRETATION.
THIS
LEASE AGREEMENT AND ALL TRANSACTIONS CONTEMPLATED HEREBY SHALL BE GOVERNED,
CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF INDIANA, AND
SHALL BE TREATED IN ALL RESPECTS AS A STATE OF INDIANA CONTRACT, WITHOUT REGARD
TO ANY STATE'S LAWS RELATED TO CHOICE OR CONFLICT OF LAWS.
THE TERMS AND
CONDITIONS OF THIS LEASE AGREEMENT REPRESENT THE RESULTS OF BARGAINING AND
NEGOTIATIONS BETWEEN THE PARTIES, EACH OF WHICH HAS BEEN REPRESENTED BY COUNSEL
OF ITS OWN SELECTION, AND NEITHER OF WHICH HAS ACTED UNDER DURESS OR COMPULSION,
WHETHER LEGAL, ECONOMIC, OR OTHERWISE, AND REPRESENT THE RESULTS OF A COMBINED
DRAFTSMANSHIP EFFORT.
THE TERMS AND CONDITIONS HEREOF SHALL BE INTERPRETED AND
CONSTRUED IN ACCORDANCE WITH THEIR USUAL AND CUSTOMARY MEANINGS AND THE PARTIES
HEREBY EXPRESSLY WAIVE AND DISCLAIM ANY RULE OF LAW OR PROCEDURE REQUIRING
OTHERWISE, SPECIFICALLY INCLUDING BUT NOT LIMITED TO ANY RULE OF LAW TO THE
EFFECT THAT AMBIGUOUS OR CONFLICTING TERMS OR CONDITIONS SHALL BE INTERPRETED OR
CONSTRUED AGAINST THE PARTY WHO (OR WHOSE COUNSEL) PREPARED THIS LEASE AGREEMENT
OR ANY EARLIER DRAFT HEREOF.
AS USED IN THIS LEASE, A REFERENCE TO A "BUSINESS
DAY" MEANS ANY DAY OTHER THAN A SATURDAY, SUNDAY OR A NATIONAL HOLIDAY.
EXCEPT
AS OTHERWISE EXPRESSLY PROVIDED IN THIS LEASE, ANY REFERENCE TO "DAYS" SHALL
MEAN CALENDAR DAYS RATHER THAN "BUSINESS DAYS".
SECTION 2207.
RELATIONSHIP.
NOTHING CONTAINED IN THIS
LEASE SHALL BE DEEMED TO CONSTITUTE A PARTNERSHIP, JOINT VENTURE, AGENCY, OR ANY
OTHER RELATIONSHIP BETWEEN THE AUTHORITY AND TENANT, OTHER THAN THE RELATIONSHIP