install any equipment of any kind in or
on the Premises.
4.2
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, IT IS EXPRESSLY
UNDERSTOOD AND AGREED THAT LANDLORD IS LEASING THE PREMISES TO TENANT "AS IS"
AND "WHERE IS," AND WITH ALL FAULTS (EXCEPT FOR LANDLORD'S OBLIGATION TO
COMPLETE THE PUNCHLIST ITEMS), AND THAT LANDLORD IS MAKING NO REPRESENTATIONS OR
WARRANTIES WHETHER
10
EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE
QUALITY OR PHYSICAL CONDITION OF THE PREMISES, THE INCOME OR EXPENSES FROM OR OF
THE PREMISES, OR THE COMPLIANCE OF THE PREMISES WITH APPLICABLE BUILDING OR FIRE
CODES, ENVIRONMENTAL LAWS OR OTHER LAWS, RULES, ORDERS OR REGULATIONS.
WITHOUT
LIMITING THE FOREGOING, IT IS UNDERSTOOD AND AGREED THAT LANDLORD MAKES NO
REPRESENTATION OR WARRANTY REGARDING THE HABITABILITY, SUITABILITY,
MERCHANTABILITY OR FITNESS OF THE PREMISES FOR A PARTICULAR PURPOSE, OR
REGARDING THE ABILITY OF THE TENANT TO USE THE BUILDING IMPROVEMENTS OR
OTHERWISE USE THE PREMISES FOR ANY PARTICULAR PURPOSE.
TENANT AGREES THAT IT
ASSUMES FULL RESPONSIBILITY FOR, AND THAT IT HAS PERFORMED EXAMINATIONS AND
INVESTIGATIONS OF, THE PREMISES, INCLUDING SPECIFICALLY, WITHOUT LIMITATION,
EXAMINATIONS AND INVESTIGATIONS FOR THE PRESENCE OF ASBESTOS, PCBS AND OTHER
HAZARDOUS SUBSTANCES, MATERIALS AND WASTES (AS THOSE TERMS MAY BE DEFINED HEREIN
OR BY APPLICABLE FEDERAL OR STATE LAWS, RULES OR REGULATIONS) ON OR IN THE
PREMISES.
4.2.1
WITHOUT LIMITING SECTION 4.2, TENANT IRREVOCABLY WAIVES ANY AND ALL
CLAIMS AGAINST LANDLORD, WHETHER KNOWN OR UNKNOWN, AND WHETHER NOW EXISTING OR
HEREAFTER ARISING, WITH RESPECT TO (A) THE MATTERS EXPLICITLY SET FORTH IN
SECTION 4.2, AND (B) THE CURRENT OR FUTURE CONDITION OF THE PREMISES, INCLUDING,
WITHOUT LIMITATION, ANY ENVIRONMENTAL CONDITION, IN EACH CASE INCLUDING
CONTRIBUTION AND INDEMNITY CLAIMS, WHETHER STATUTORY OR OTHERWISE; PROVIDED,
HOWEVER, THAT THE WAIVER OF CLAIMS SET FORTH IN THIS SECTION 4.2.1 SHALL NOT
APPLY TO THE EXTENT THAT THE APPLICABLE CLAIM ARISES OUT OF (I) THE GROSS
NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD OR LANDLORD'S AGENTS; OR
(II) LANDLORD'S BREACH OF THIS LEASE.
THE UNDERSIGNED ACKNOWLEDGES THAT IT HAS BEEN ADVISED BY LEGAL COUNSEL AND IS
FAMILIAR WITH THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH
PROVIDES AS FOLLOWS:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR
SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH
IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH
THE DEBTOR."
THE UNDERSIGNED, BEING AWARE OF THIS CODE SECTION, HEREBY EXPRESSLY WAIVES ANY
RIGHTS IT MAY HAVE THEREUNDER, AS WELL AS UNDER ANY OTHER STATUTES OR COMMON LAW
PRINCIPALS OF SIMILAR EFFECT.
Tenant's Initials
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4.3
Tenant's Access and Obligations Prior to the Substantial
Completion Date.
4.3.1
UPON REASONABLE PRIOR WRITTEN NOTICE TO LANDLORD, AND SO LONG AS
TENANT AND TENANT'S AGENTS DO NOT (IN LANDLORD'S REASONABLE JUDGMENT)
UNREASONABLY OR UNNECESSARILY INTERFERE WITH LANDLORD'S CONSTRUCTION WORK,
TENANT MAY ENTER UPON THE PREMISES PRIOR TO THE TERM COMMENCEMENT DATE (ANY SUCH