TO ALL OF THE FOLLOWING (EACH OF ITEMS (A) THROUGH (F) BELOW
WHICH, AS OF THE COMMENCEMENT DATE, RELATES TO ANY SINGLE TRAVEL CENTER, A
"PROPERTY" AND, COLLECTIVELY, THE "LEASED PROPERTY":
(A)
THOSE CERTAIN TRACTS, PIECES AND PARCELS OF LAND, AS MORE
PARTICULARLY DESCRIBED IN EXHIBITS A-1 THROUGH A-40, ATTACHED HERETO AND MADE A
PART HEREOF (THE "LAND");
(B)
ALL BUILDINGS, STRUCTURES AND OTHER IMPROVEMENTS OF EVERY KIND
INCLUDING, BUT NOT LIMITED TO, UNDERGROUND STORAGE TANKS, ALLEYWAYS AND
CONNECTING TUNNELS, SIDEWALKS, UTILITY PIPES, CONDUITS AND LINES (ON-SITE AND
OFF-SITE), PARKING AREAS AND ROADWAYS APPURTENANT TO SUCH BUILDINGS AND
STRUCTURES PRESENTLY SITUATED UPON THE LAND (COLLECTIVELY, THE "LEASED
IMPROVEMENTS");
(C)
ALL EASEMENTS, RIGHTS AND APPURTENANCES RELATING TO THE LAND AND
THE LEASED IMPROVEMENTS;
(D)
ALL EQUIPMENT, MACHINERY AND FIXTURES INTEGRAL TO THE OPERATION OF
THE LEASED IMPROVEMENTS, AND OTHER ITEMS OF PROPERTY NOW OR HEREAFTER
PERMANENTLY AFFIXED OR INTEGRAL TO OR INCORPORATED INTO THE LEASED IMPROVEMENTS,
INCLUDING, WITHOUT LIMITATION, ALL RETAIL FUEL PUMPS AND PIPING CONNECTING FUEL
STORAGE TANKS TO SUCH PUMPS, FURNACES, BOILERS, HEATERS, ELECTRICAL EQUIPMENT,
HEATING, PLUMBING, LIGHTING, VENTILATING, REFRIGERATING, INCINERATION, AIR AND
WATER POLLUTION CONTROL, WASTE DISPOSAL, AIR-COOLING AND AIR-CONDITIONING
SYSTEMS AND APPARATUS, SPRINKLER SYSTEMS AND FIRE AND THEFT PROTECTION
EQUIPMENT, ALL OF WHICH, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARE HEREBY
DEEMED BY THE PARTIES HERETO TO CONSTITUTE REAL ESTATE, TOGETHER WITH ALL
REPLACEMENTS, MODIFICATIONS, ALTERATIONS AND ADDITIONS THERETO, BUT SPECIFICALLY
EXCLUDING ALL ITEMS INCLUDED WITHIN THE CATEGORY OF TENANT'S PERSONAL PROPERTY
(COLLECTIVELY, THE "FIXTURES");
(E)
ALL OF THE LEASED INTANGIBLE PROPERTY; AND
(F)
ANY AND ALL LEASES OF SPACE IN THE LEASED IMPROVEMENTS.
2.2
CONDITION OF LEASED PROPERTY.
TENANT ACKNOWLEDGES RECEIPT AND DELIVERY OF
POSSESSION OF THE LEASED PROPERTY AND TENANT ACCEPTS THE LEASED PROPERTY IN ITS
"AS IS" CONDITION, SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSION, THE EXISTING
STATE OF TITLE, INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS,
MINERAL LEASES, EASEMENTS AND OTHER
17
MATTERS OF RECORD OR THAT ARE VISIBLE OR APPARENT ON THE LEASED
PROPERTY, ALL
APPLICABLE LEGAL REQUIREMENTS, THE LIEN OF ANY FINANCING INSTRUMENTS, MORTGAGES
AND DEEDS OF TRUST EXISTING PRIOR TO THE COMMENCEMENT DATE OR PERMITTED BY THE
TERMS OF THIS AGREEMENT, AND SUCH OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN
INSPECTION OF THE LEASED PROPERTY AND THE RECORD TITLE THERETO OR BY AN ACCURATE
SURVEY THEREOF.
TENANT REPRESENTS THAT IT HAS INSPECTED THE LEASED PROPERTY AND
ALL OF THE FOREGOING AND HAS FOUND THE CONDITION THEREOF SATISFACTORY AND IS NOT
RELYING ON ANY REPRESENTATION OR WARRANTY OF LANDLORD OR LANDLORD'S AGENTS OR
EMPLOYEES WITH RESPECT THERETO AND TENANT WAIVES ANY CLAIM OR ACTION AGAINST
LANDLORD IN RESPECT OF THE CONDITION OF THE LEASED PROPERTY.
LANDLORD MAKES NO
WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, IN RESPECT OF THE LEASED
PROPERTY OR ANY PART THEREOF, EITHER AS TO ITS FITNESS FOR USE, DESIGN OR
CONDITION FOR ANY PARTICULAR USE OR PURPOSE OR OTHERWISE, AS TO THE QUALITY OF
THE MATERIAL OR WORKMANSHIP THEREIN, LATENT OR PATENT, IT BEING AGREED