OR WIRE TRANSFER IN IMMEDIATELY AVAILABLE FUNDS
CONSISTING OF LAWFUL CURRENCY OF THE UNITED STATES OF AMERICA.
SECTION 3.4.
LATE PAYMENT.
IF ANY PAYMENT OF BASE NET RENT, OR ANY
SUPPLEMENTAL RENT PAYABLE TO LESSOR, SHALL NOT BE PAID ON OR BEFORE THE FIFTH
(5TH) BUSINESS DAY AFTER THE DUE DATE THEREOF, LESSEE SHALL PAY INTEREST THEREON
AT AN ANNUAL RATE EQUAL TO THE CITIBANK, N.A. "BASE RATE" PLUS 1 PERCENT (SUCH
ANNUAL RATE, OR SUCH LESSER RATE (IF ANY) REPRESENTING THE HIGHEST RATE
PERMITTED BY APPLICABLE LAWS AND RESTRICTIONS, THE "STIPULATED RATE") FROM AND
INCLUDING SUCH FIFTH (5TH) BUSINESS DAY UNTIL AND EXCLUDING THE DATE THE SAME IS
PAID, PROVIDED THAT IF LESSEE SHALL HAVE FAILED MORE THAN TWICE IN THE
IMMEDIATELY PRECEDING TWELVE-MONTH PERIOD TO PAY BASE NET RENT, OR ANY
SUPPLEMENTAL RENT PAYABLE TO LESSOR, ON OR BEFORE THE FIFTH (5TH) BUSINESS DAY
AFTER THE DUE DATE THEREOF, THEN LESSEE SHALL PAY INTEREST THEREON AT THE
STIPULATED RATE FROM THE DATE THE SAME WAS DUE UNTIL THE DATE THE SAME IS PAID.
SECTION 3.5.
NET LEASE; NO SETOFF.
EXCEPT AS OTHERWISE EXPRESSLY SPECIFIED IN
SECTION 14.3, SECTION 14.5, SECTION 20.1(A) AND SECTION 20.2(C), BASE NET RENT
SHALL BE PAID WITHOUT NOTICE, DEMAND, COUNTERCLAIM, SETOFF, DEDUCTION OR DEFENSE
AND TENANT WAIVES ALL RIGHTS TO CANCEL, TERMINATE OR SUSPEND THIS LEASE, OR TO
ANY ABATEMENT, DEFERMENT, DIMINUTION REDUCTION OF OR SET OFF AGAINST BASE NET
RENT, SUPPLEMENTAL RENT OR OTHER SUMS PAYABLE HEREUNDER. EXCEPT AS OTHERWISE
SPECIFIED IN SECTION 14.3, SECTION 14.5, SECTION 20.1(A) AND SECTION 20.2(C),
LESSEE'S OBLIGATIONS SHALL NOT BE DISCHARGED OR OTHERWISE AFFECTED FOR ANY
REASON, INCLUDING:
(A) ANY DEFECT IN THE PROPERTY OR THE FAILURE OF THE
PROPERTY TO COMPLY WITH APPLICABLE LAWS AND RESTRICTIONS, INCLUDING ANY
INABILITY TO OCCUPY OR USE THE PROPERTY BY REASON OF SUCH NONCOMPLIANCE; (B) ANY
DAMAGE TO OR TAKING OF THE PROPERTY; (C) ANY RESTRICTION, PREVENTION OR
CURTAILMENT OF OR INTERFERENCE WITH ANY USE OF THE PROPERTY OR ANY PART THEREOF
INCLUDING EVICTION; (D) ANY DEFECT IN TITLE TO THE PROPERTY OR ANY LIEN ON SUCH
TITLE OR RIGHTS OR ON THE PROPERTY; OR (E) ANY INVALIDITY OR UNENFORCEABILITY OF
THIS LEASE AGAINST OR BY LESSEE OR ANY PROVISION HEREOF.
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ARTICLE IV.
LESSEE'S ACCEPTANCE OF PROPERTY
The Property is demised and let by Lessor "AS IS" in its present condition.
Lessee has examined the Property and has found the same to be satisfactory.
LESSOR HAS NOT MADE AND SHALL NOT BE DEEMED TO HAVE MADE ANY REPRESENTATION OR
WARRANTY, EXPRESS OR IMPLIED, OR SHALL BE DEEMED TO HAVE ANY LIABILITY
WHATSOEVER AS TO THE VALUE, HABITABILITY, COMPLIANCE AS OF THE EFFECTIVE DATE
(OR ANY TIME THEREAFTER) WITH THE PLANS AND SPECIFICATIONS FOR THE PROPERTY,
CONDITION, LOCATION, USE, DESCRIPTION, MERCHANTABILITY, DESIGN, OPERATION, OR
FITNESS FOR USE OF THE PROPERTY (OR ANY PART THEREOF), OR ANY OTHER
REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THE
PROPERTY (OR ANY PART THEREOF), AND LESSOR SHALL NOT BE LIABLE