with the Lease that arise, accrue or are incurred prior to the Effective Date regardless of when they may be asserted, alleged, claimed, �- ' brought, or discovered, including, without limitation, reconciliations or undercharges of Additional Rent, or any similar charge or expense for any periods prior to the Effective Date, even if they are not ascertainable or calculated tmtil after the Effective Date (collectively, the "Prior Claims"), but Assignor shall remain solely liable and obligated for all Prior Claims, and Assignor hereby expressly agrees to INDEMNIFY, DEFEND, and HOLD Assignee and Assignee's related parties HARMLESS from and against any and all Prior Claims.
4. Financial Statements. Within ninety (90) days from the end of each calendar year during the Lease Term. Assignee agrees to provide Landlord with a.nnual unaudited financial statements certified by an officer or manager ofAssignee.
5. Acceptance of Premises; Landlord's Diselaimer. ASSIGNEE ACKNOWLEOOES AND AGREES THAT IT HAS CONDUC'IED ITS OWN INDEPENDENT INVESTIGATION AND INSPECTION OF AIL ASPECI'S OF 1HE PREMISES AND THAT IT IS RELYING ON SUCH INDEPENDENT INVESTIGATION AND INSPECTION IN EXECUTING THIS ASSIGNMENT AND CONSENT AND ASSUMING TilE OBLIGATIONS OF THE TENANT UNDER THE LEASE PURSUANT TO SECTION 3, AND, EXCEPT AS EXPRESSLY PROVIDED HEREIN, IS NOT RELYlNG ON ANY INFORMATION PROVIDED BY LANDLORD IN DETE.RMIN1NG WHETilER. TO ASSUME TilE OBLIGATIONS OF 1ENANT UNDER THE LEASE PURSUANT TO SECTION 3. .1\SSIGNEE FURTHER ACKNOWl-EDGES THAT IT IS Fl.ULY AND COMPLETELY SATISFIED TIIAT THE PREMISES ARE SATISFACTORY IN AIL RESPECTS FOR ASSIGNEE' S INTENDED USE. ASSIGNEE FURl'HER ACKNOWLEDGES AND AGREES 1HAT EXCEPT AS EXPRESSLY PROVIDED HEREIN, LANDLORD HAS NOT MADE. DOES NOT MAKE AND SPECJFICAI.LY DISCLAIMS ANY AND AIL REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS, AGREEMENTS OR GUARANTIES OF ANY KIND OR CHARACIER WHATSOEVER. WHE1HER. EXPRESS OR IMPLIED, ORAL OR WRITTEN, PAST, lI
I PRESENT OR FUTIJRE, OF, AS TO. CONCERNING OR WITH RESPEcr TO THE PREMISES, AND ASSIGNEE HEREBY WAIVES ANY SUCH REPRESENTATION, WARRANTY, PROMISE, COVENANT, AGREEMENT OR GUARANTY EXCEPT THOSE EXPRESSLY PROVIDED HEREIN. NO'IWITifSTANDING ANYTIIING HEREIN TO THE CONTRARY, ASSIGNEE IS EXECUTING THIS ASSIGNMENT AND CONSENT, ASSUMING 1BE OBUGATIONS OF 11IE TENANT UNDER TilE � 398296_l.DOC
H U G H ES 00003 Sworn Record 0462
lEASE PURSUANT TO SEL'TION 3 AND ACCEPTING THE PREMISES "AS IS", "WHERE IS", AND Wl'IH AU. FAULTS AND SPECIFICALLY AND EXPRESSLY WITIIOUT ANY WARRANTIES, REPRESENTATIONS OR GUARANTEES, EITHER EXPRESS OR IMPLIED, OF ANY KIND, NATURE, OR TYPE WHATSOEVER FROM OR ON BEHAlF OF THE LANDLORD, EXCEP1 THOSE EXPRESSLY PROVIDED HERElN.
6. Amendments to Lease. Landlord and Assignee hereby agree m amend the Lease as follows:
a. Address of Premises. Notwithstanding anything contained in the Lease to 1he contrary, Landlord and Assignee acknowledge and agree that the correct address of the Premises is 1018 Bast Wheatland Road {not 1017 East Wheatland Road), I l Duncanville, Texas 75 166, and all references in the Lease to the address of the Premises are changed to HHS East Wheatland Road. I r b. Section 36 - Renewal Option. The seoond sentence of Section 36