without prior notice to Tenant, but
Landlord shall notify Tenant by telephone of such entry either during or
immediately following such emergency.
16.
RELEASE OF LANDLORD.
(A)
UNLESS CAUSED BY THE NEGLIGENCE OF
LANDLORD, OR UNLESS LANDLORD FAILS TO PERFORM ITS DUTIES UNDER THIS LEASE,
TENANT SHALL BE RESPONSIBLE FOR AND HEREBY RELIEVES LANDLORD FROM ANY AND ALL
LIABILITY BY REASON OF ANY INJURY, LOSS, OR DAMAGE TO ANY PERSON OR PROPERTY IN
THE PREMISES, WHETHER THE SAME BE DUE TO FIRE, BREAKAGE, LEAKAGE, WATER FLOW,
GAS, USE, MISUSE, OR DEFECTS THEREIN, OR CONDITION ANYWHERE IN THE PREMISES,
FAILURE OF WATER SUPPLY OR LIGHT OR POWER OR ELECTRICITY, WIND, LIGHTNING,
STORM, OR ANY OTHER CAUSE WHATSOEVER, WHETHER THE LOSS, INJURY OR DAMAGE BE TO
THE PERSON OR PROPERTY OF TENANT OR ANY OTHER PERSONS.
(B)
TENANT ACKNOWLEDGES THAT TENANT HAS
INSPECTED THE PREMISES AND THAT, EXCEPT FOR THE LANDLORD'S WORK SET FORTH IN
ATTACHED EXHIBIT "E", THE PREMISES ARE BEING LEASED "AS IS" AS A RESULT OF SUCH
INSPECTION AND NOT AS A RESULT OF ANY REPRESENTATIONS MADE BY LANDLORD.
LANDLORD MAKES NO REPRESENTATION OR WARRANTY TO TENANT, EXPRESS OR IMPLIED, THAT
THE PREMISES ARE FREE FROM HAZARDOUS OR TOXIC SUBSTANCES, MATERIALS OR WASTES
WHICH ARE OR BECOME REGULATED BY ANY FEDERAL, STATE OR LOCAL GOVERNMENTAL
AUTHORITY OR THAT THE PREMISES ARE IN COMPLIANCE WITH ANY FEDERAL, STATE OR
LOCAL ENVIRONMENTAL LAWS OR REGULATIONS.
TENANT ACKNOWLEDGES THAT THE PREMISES
ARE IN A REASONABLE AND ACCEPTABLE CONDITION OF HABITABILITY FOR THEIR INTENDED
USE, AND THE AGREED RENTAL PAYMENTS ARE FAIR AND REASONABLE.
OR FOR NEW CONSTRUCTION
Landlord makes no warranty to Tenant, express or implied, that the Premises are
free from hazardous or toxic substances, materials or wastes which are or become
regulated by any federal, state or local governmental authority or that the
Premises are in compliance with any federal, state or local environmental laws
or regulations.
However, to the best of its knowledge, Landlord represents that
the Building and/or Premises are free of hazardous substances.
Upon execution
of a Commencement Agreement, Tenant will acknowledge that the Premises are in a
reasonable and acceptable condition of habitability for their intended use, and
the agreed rental payments ate fair and reasonable.
(C)
TENANT ACKNOWLEDGES AND AGREES THAT
LANDLORD SHALL NOT BE LIABLE TO TENANT FOR ANY LOSS TO TENANT OR INJURY TO ITS
PROPERTY OR TO THE PROPERTY OF ANY OTHER PERSON BY REASON OF THE CONSTRUCTION OF
THE BUILDING AND OTHER IMPROVEMENTS LOCATED UPON THE PREMISES, THE MATERIALS
USED IN SAID CONSTRUCTION, THE DESIGN THEREOF, THE CONDITION THEREOF, ANY
DEFECTS THEREIN, OR ANY ALTERATIONS, ADDITIONS, IMPROVEMENTS, CHANGES OR
REPLACEMENTS THERETO AND THEREOF.
9
(D)
LANDLORD SHALL NOT BE LIABLE TO TENANT FOR
ANY DAMAGES, COMPENSATION, OR CLAIM BY REASON OF THE INCONVENIENCE OR ANNOYANCE
ARISING FROM THE NECESSITY OF REPAIRING ANY PORTION OF THE PREMISES OR THE
BUILDING OR IMPROVEMENTS ERECTED THEREON, INTERRUPTION IN THE USE OR OCCUPANCY
THEREOF, OR THE TERMINATION OF THIS LEASE BY REASON OF THE