USE AND OPERATE EACH LEASED PROPERTY FOR SUCH PURPOSES.
IF
REQUESTED BY LANDLORD, TENANT SHALL PROMPTLY DELIVER TO LANDLORD COMPLETE COPIES
OF SURVEYS, EXAMINATIONS, CERTIFICATION AND LICENSURE INSPECTIONS, COMPLIANCE
CERTIFICATES, AND OTHER SIMILAR REPORTS ISSUED TO TENANT BY ANY GOVERNMENTAL
AGENCY FOR THE USE AND OCCUPANCY OF THE LEASED PROPERTY.
7.02
ACCEPTANCE OF LEASED PROPERTY.
EXCEPT AS OTHERWISE SPECIFICALLY
PROVIDED IN THIS LEASE AGREEMENT, TENANT ACKNOWLEDGES THAT (I) TENANT AND ITS
AGENTS HAVE HAD AN OPPORTUNITY TO INSPECT THE LEASED PROPERTY, (II) TENANT HAS
FOUND THE LEASED PROPERTY FIT FOR TENANT'S USE, (III) DELIVERY OF THE LEASED
PROPERTY TO TENANT IS IN AN "AS-IS" CONDITION, (IV) EXCEPT FOR LANDLORD'S
OBLIGATIONS UNDER THE DEVELOPMENT AGREEMENT WITH RESPECT TO PROVIDING FUNDS TO
FINANCE THE DEVELOPMENT OF THE PROJECT, LANDLORD IS NOT OBLIGATED TO MAKE ANY
IMPROVEMENTS OR REPAIRS TO THE LEASED PROPERTY AND (V) AS OF THE RENTAL
COMMENCEMENT DATE, THE ROOF, WALLS, FOUNDATION, HEATING, VENTILATING, AIR
CONDITIONING, TELEPHONE, SEWER, ELECTRICAL, MECHANICAL, UTILITY, PLUMBING,
FIXTURES, IMPROVEMENTS AND OTHER PORTIONS OF THE LEASED PROPERTY WILL BE IN GOOD
WORKING ORDER.
TENANT WAIVES ANY CLAIM OR ACTION AGAINST LANDLORD WITH RESPECT
TO 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
QUALITY OF THE MATERIAL OR WORKMANSHIP THEREIN, OR THE PRESENCE OR ABSENCE OF
ANY DEFECT THEREIN, LATENT OR PATENT, IT BEING AGREED THAT ALL SUCH RISKS ARE TO
BE BORNE BY TENANT.
7.03
CONDITIONS OF USE AND OCCUPANCY.
DURING THE TERM, TENANT SHALL USE
AND KEEP THE LEASED PROPERTY IN A CAREFUL, SAFE AND PROPER MANNER; NOT INJURE,
PHYSICALLY OVERLOAD, DEFACE, DAMAGE OR OTHERWISE COMMIT NUISANCE OR SUFFER WASTE
THEREON; NOT USE OR OCCUPY THE LEASED PROPERTY FOR ANY UNLAWFUL PURPOSES; NOT
USE OR OCCUPY THE LEASED PROPERTY OR PERMIT THE SAME TO
20
BE USED OR OCCUPIED, FOR ANY PURPOSE OR BUSINESS DEEMED EXTRA HAZARDOUS ON
ACCOUNT OF FIRE OR POTENTIAL FIRE OR OTHER HAZARD OR OTHERWISE; KEEP THE LEASED
PROPERTY IN SUCH REPAIR AND CONDITION AS MAY BE REQUIRED BY THE LOCAL BOARD OF
HEALTH, FIRE MARSHAL, OR OTHER CITY, STATE OR FEDERAL AUTHORITIES, FREE OF ALL
COST TO LANDLORD; AND NOT PERMIT ANY ACTS TO BE DONE THAT WILL CAUSE THE
CANCELLATION, INVALIDATION, OR SUSPENSION OF ANY INSURANCE POLICY, PROVIDED THAT
THE FOREGOING SHALL BE SUBJECT TO THE NORMAL WEAR AND TEAR CONTEMPLATED IN
SECTION 2.05.
7.04
FINANCIAL REPORTS.
(A)
WITHIN TEN (10) BUSINESS DAYS FOLLOWING LANDLORD'S REQUEST, TENANT
SHALL DELIVER TO LANDLORD THE QUARTERLY AND ANNUAL AVERAGE OCCUPANCY RATES FOR
THE LEASED PROPERTY.
(B)
IF AT ANY TIME DURING THE TERM, THE FINANCIAL STATEMENTS OF
CORNELL COMPANIES, INC. ("TENANT PARENT") CEASE TO BE PUBLICLY AVAILABLE OR
TENANT PARENT CEASES TO BE A PUBLIC COMPANY REQUIRED TO FILE ITS FINANCIAL
STATEMENTS WITH THE SECURITIES AND EXCHANGE COMMISSION, TENANT SHALL DELIVER TO
LANDLORD (TO