title thereto existing at the time of the commencement of the Lease Term (other
than defects in, or exceptions to, title, if any, created by Lessor, but
including liens created by any mortgage or other loan documents consented to by
Lessor), (c) any state of facts which an accurate survey or physical inspection
might show, (d) all Applicable Laws, (e) any violations of Applicable Laws which
may exist at the commencement of the Lease Term and (f) the presence of any
Hazardous Materials at or under the Property or at or under any property in the
vicinity of the Property. NEITHER LESSOR OR ANY AFFILIATE THEREOF HAS MADE OR
SHALL BE DEEMED TO HAVE MADE ANY REPRESENTATION OR WARRANTY,
4
EXPRESS OR IMPLIED, OR SHALL BE DEEMED TO HAVE ANY LIABILITY WHATSOEVER AS TO
THE VALUE, HABITABILITY, COMPLIANCE WITH AN'Y PLANS AND SPECIFICATIONS,
CONDITION, DESIGN, OPERATION, LOCATION, USE, DURABILITY, MERCHANTABILITY,
CONDITION OF TITLE. OR FITNESS FOR USE OF THE PROPERTY (OR ANY PART THEREOF) FOR
ANY PARTICULAR PURPOSE, OR ANY OTHER REPRESENTATION OR WARRANTY WHATSOEVER,
EXPRESS OR IMPLIED, WITH RESPECT TO THE PROPERTY (OR ANY PART THEREOF) AND NONE
OF LESSOR, OR ANY AFFILIATE THEREOF OR ANY DESIGNEE THEREOF SHALL BE LIABLE FOR
ANY LATENT, HIDDEN, OR PATENT DEFECT THEREIN OR FOR THE FAILURE OF THE PROPERTY
TO BE CONSTRUCTED IN ACCORDANCE WITH ANY PLANS AND SPECIFICATIONS THEREFOR, FOR
THE COMPLIANCE OF THE PLANS AND SPECIFICATIONS FOR THE PROPERTY WITH APPLICABLE
LAWS OR FOR THE FAILURE OF THE PROPERTY, OR ANY PART THEREOF, TO OTHERWISE
COMPLY WITH ANY APPLICABLE LAWS. It is agreed that Lessee or an Affiliate of
Lessee has occupied the Property as tenant or owner immediately prior to
entering into this Lease, has inspected the Property, is satisfied with the
results of its inspections of the Property and is entering into this Lease
solely on the basis of the results of its own inspections and all risks incident
to the matters discussed in the preceding sentence. The provisions of this
Article 6 have been negotiated, and the foregoing provisions are intended to be
a complete exclusion and negation of any representations or warranties by
Lessor, or any Affiliate thereof, express or implied, with respect to the
Property, that may arise pursuant to any law now or hereafter in effect, or
otherwise and specifically negating any warranties under the Uniform Commercial
Code.
Section 6.2
Lessee's Right to Enforce Warranties. (a) Lessor hereby assigns
and sets over to, and Lessee hereby accepts the assignment of all of Lessor's
right, title and interest, and estate in, to and under, any and all warranties
and other claims against dealers, manufacturers, vendors, contractors and
subcontractors relating to the construction, use and maintenance of the Property
or any portion thereof now existing or hereafter acquired (excluding from such
assignment any such warranties and claims which by their terms are not
assignable by Lessor without loss of some or all of the benefits of such
warranties or claims); provided, however, that Lessor shall