or any vendor, manufacturer or contractor of or for the Facility; (h)
any failure on the part of the Lessor or any other Person to perform or comply
with any of the terms of this Lease, any other Operative Document or of any
other agreement, whether or not related to the transactions contemplated by the
Operative Documents; (i) any invalidity, unenforceability, illegality or
disaffirmance of this Lease against or by the Lessee or any provision hereof or
any of the other Operative Documents or any provision of any thereof; (j) the
impossibility or illegality of performance by the Lessee or the Lessor, or both;
(k) any action by any court, administrative agency or other Governmental
Authority; (1) any change in or violation of Applicable Laws; (m) any
restriction, prevention or curtailment of or interference with the construction
on, modification of or use of the Facility or any part thereof; or (n) any other
occurrence whatsoever, whether similar or dissimilar to the foregoing, whether
or not the Lessee shall have notice or knowledge of any of the foregoing.
Except as specifically set forth in this Lease, this Lease shall not be
cancelable by the Lessee for any reason whatsoever and, except as expressly
provided in this Lease, the Lessee, to the extent now or hereafter permitted by
Applicable Laws, waives all rights now or hereafter conferred by statute or
otherwise to quit, terminate or surrender this Lease.
SECTION 4.2
Condition of Facility.
The Facility is demised and let by
the Lessor "AS IS" in its present condition, subject to (a) the rights of any
parties in possession thereof, (b) the state of the title thereto existing at
the time the Lessor acquired its title to the Facility, (c) any state of facts
which an accurate survey or physical inspection might show, (d) all Applicable
Laws and (e) any violations of Applicable Laws which may exist at the
commencement of the Lease Term.
The Lessee has examined the Facility and the
Lessor's title thereto and has found the same to be satisfactory.
THE LESSOR
HAS NOT MADE AND SHALL NOT BE DEEMED TO HAVE MADE ANY REPRESENTATION OR
WARRANTY, EXPRESS OR IMPLIED, OR BE DEEMED TO HAVE ANY LIABILITY WHATSOEVER, AS
TO THE VALUE, HABITABILITY, COMPLIANCE WITH ANY APPLICABLE PLANS AND
SPECIFICATIONS FOR THE PROPERTY CONDITION, LOCATION, USE, DESCRIPTION,
MERCHANTABILITY, DESIGN, OPERATION, OR FITNESS FOR USE OF THE FACILITY (OR ANY
PART THEREOF), OR AS TO THE LESSOR'S TITLE THERETO OR OWNERSHIP THEREOF OR ANY
OTHER REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO
THE FACILITY (OR ANY PART THEREOF) AND THE LESSOR SHALL NOT BE LIABLE FOR ANY
LATENT, HIDDEN OR PATENT DEFECT THEREIN, FOR ANY DEFECT IN OR EXCEPTION TO
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TITLE THERETO, OR FOR THE FAILURE OF THE IMPROVEMENTS TO HAVE BEEN CONSTRUCTED
IN ACCORDANCE WITH THE APPLICABLE PLANS AND SPECIFICATIONS THEREFOR, THE
COMPLIANCE OF SUCH PLANS AND SPECIFICATIONS WITH APPLICABLE LAWS OR THE FAILURE
OF THE FACILITY, OR ANY PART THEREOF, TO OTHERWISE COMPLY WITH