Property. The Lessee shall be entitled
to the proceeds of any Condemnation award or portion thereof made for damage to
or taking of any Property which, at the time of such damage or taking, is not
part of the Existing Campus and, on and from the Delivery Date, the Expanded
Campus.
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ARTICLE VIII
SPECIAL COVENANTS
Section 8.1. No Warranty of Condition or Suitability of Purpose. THE LESSOR
MAKES NO WARRANTY, EITHER EXPRESS OR IMPLIED, THAT EITHER THE EXISTING CAMPUS OR
THE EXPANDED CAMPUS IS OR WILL BE SUITABLE FOR THE LESSEE'S PURPOSES OR NEEDS.
WITHOUT PREJUDICE TO ANY RIGHTS THE LESSEE MAY HAVE AGAINST ANY ARCHITECT,
ENGINEER, SUPPLIER OR MANUFACTURER, THE LESSEE ACKNOWLEDGES AND AGREES THAT AS
BETWEEN THE LESSEE AND THE LESSOR, AND AT ALL TIMES (BOTH BEFORE COMPLETION AND
THEREAFTER), (i) THE SIZE, DESIGN, CAPACITY AND MANUFACTURE OF THE EXISTING
CAMPUS, THE EXPANSION, THE EXPANDED CAMPUS AND THE FIXTURES ARE OF THE SIZE,
DESIGN, CAPACITY AND MANUFACTURE SELECTED BY THE LESSEE AND (ii) THE LESSEE IS
SATISFIED THAT THE EXISTING CAMPUS, THE EXPANSION, THE EXPANDED CAMPUS AND
FIXTURES, WILL BE SUITABLE FOR ITS PURPOSES. THE LESSOR REPRESENTS AND WARRANTS,
AND THE LESSEE CONFIRMS THAT IT IS AWARE AND AGREES, THAT THE LESSOR IS NOT A
MANUFACTURER OR DEALER IN PROPERTY OF SUCH KIND AND THE EXISTING CAMPUS, THE
EXPANSION, THE EXPANDED CAMPUS AND THE FIXTURES ARE LEASED HEREUNDER SUBJECT TO
ALL APPLICABLE GOVERNMENTAL LAWS, ORDINANCES, RULES, REGULATIONS, ORDERS AND
REQUIREMENTS NOW IN EFFECT OR HEREAFTER ADOPTED IN THE STATE, LOCALITY AND
CONDITION OF EVERY PARTY THEREOF WHEN THE SAME FIRST BECAME OR BECOMES SUBJECT
TO THIS LEASE, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND BY THE LESSOR,
EXPRESS OR IMPLIED, AS TO THE TITLE (EXCEPT AS PROVIDED IN SECTIONS 2.1 AND 3.
1), MERCHANTABILITY, COMPLIANCE WITH SPECIFICATIONS, CONDITION, DESIGN,
OPERATION, FREEDOM FROM PATENT OR TRADEMARK INFRINGEMENT, ABSENCE OF LATENT
DEFECTS OR FITNESS FOR USE OF THE CAMPUS OR FIXTURES (OR ANY PART THEREOF), OR
ANY OTHER REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, WITH
RESPECT TO THE EXISTING CAMPUS, THE EXPANSION AND THE EXPANDED CAMPUS (OR ANY
PART THEREOF). Except as expressly provided herein, all risks incident to the
matters discussed in the preceding sentence, as between the Lessor, on the one
hand, and the Lessee, on the other, are to be borne by the Lessee. The Lessor
assigns to the Lessee all claims and rights which the Lessor may now or
hereafter have against third parties in respect of any defect of or damage to
the Existing Campus or the Expanded Campus or breach of representation or
warranty by such third party, or any other claim or right against any third
party as a result of circumstances arising out of this Lease Agreement, and
shall cooperate with and comply with all reasonable requests of the Lessee in
the preservation, prosecution or enforcement by the Lessee of such claims or
rights at the Lessee's sole cost and expense. The provisions of this paragraph
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have