LIABILITY WHATSOEVER AS TO THE VALUE.
6
HABITABILITY, COMPLIANCE WITH ANY PLANS AND SPECIFICATIONS, CONDITION, DESIGN,
OPERATION, LOCATION, USE, DURABILITY, MERCHANTABILITY, CONDITION OF TITLE, OR
FITNESS FOR USE OF THE PROPERTY (OR ANY PART THEREOF) FOR ANY PARTICULAR
PURPOSE, OR ANY OTHER REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED,
WITH RESPECT TO THE PROPERTY (OR ANY PART THEREOF) AND NONE OF LESSOR, ANY
AFFILIATE THEREOF OR LENDER OR ANY DESIGNEE THEREOF SHALL BE LIABLE FOR ANY
LATENT, HIDDEN, OR PATENT DEFECT THEREIN OR FOR THE FAILURE OF THE PROPERTY TO
BE CONSTRUCTED IN ACCORDANCE WITH ANY PLANS AND SPECIFICATIONS THEREFOR, FOR THE
COMPLIANCE OF THE PLANS AND SPECIFICATIONS FOR THE PROPERTY WITH APPLICABLE LAWS
OR FOR THE FAILURE OF THE PROPERTY, OR ANY PART THEREOF, TO OTHERWISE COMPLY
WITH ANY APPLICABLE LAWS. It is agreed that Lessee or an Affiliate of Lessee has
occupied the Property as tenant or owner immediately prior to entering into this
Lease, has inspected the Property, is satisfied with the results of its
inspections of the Property and is entering into this Lease solely on the basis
of the results of its own inspections and all risks incident to the matters
discussed in the preceding sentence. The provisions of this Article 6 have been
negotiated, and the foregoing provisions are intended to be a complete exclusion
and negation of any representations or warranties by Lessor, any Affiliate
thereof or Lender, express or implied, with respect to the Property, that may
arise pursuant to any law now or hereafter in effect, or otherwise, and
specifically negating any warranties under the Uniform Commercial Code, as in
effect in the State of Illinois.
Section 6.2.
Assignment of Warranties.
(a) Lessor hereby assigns and sets over to Lessee, and Lessee hereby accepts
the assignment of, all of Lessor's right, title, interest and estate in, to and
under any and all warranties and other claims against dealers, manufacturers,
vendors, contractors and subcontractors relating to the construction, use and
maintenance of the Property or any portion thereof now existing or hereafter
acquired (excluding from such assignment any such warranties and claims which by
their terms are not assignable by Lessor without loss of some or all of the
benefits of such warranties or claims); provided, however, that Lessor shall
have no obligations under, or liabilities with respect to, any such warranties
and claims.
(b)
Lessor authorizes Lessee (directly or
through agents) at Lessee's expense to assert during the Lease Term, all of
Lessor's rights (if any) under any applicable warranty and any other claim that
Lessee or Lessor may have against any dealer, vendor, manufacturer, contractor
or subcontractor with respect to the Property or any portion thereof.
(c)
Lessor agrees, at Lessee's expense, to
cooperate with Lessee and take all other action necessary as specifically
requested by Lessee to enable Lessee to enforce all of Lessee's rights (if any)
under this Section 6.2, such rights of enforcement to be exclusive to Lessee,
and Lessor will not, during the Lease Term,